Terms & Conditions
1. Acceptance of Terms
- A project shall be considered officially accepted only after the Client approves the Quotation, Scope of Work (SOW), Agreement, and pays the agreed Token/Advance Amount.
- By making any payment to the Company, the Client acknowledges that they have read, understood, and agreed to these Terms & Conditions, the Quotation, the Scope of Work, and the Agreement.
2. Scope of Work
- The Company shall develop only those features, modules, and functionalities specifically mentioned in the approved Quotation and/or Agreement.
- Any additional features, modifications, enhancements, integrations, or Change Requests requested after project approval shall be treated as additional work and may require additional charges and revised delivery timelines.
3. Payment Terms
- A Token/Advance Payment is mandatory before the commencement of the project.
- All milestone payments must be made as per the agreed Payment Schedule.
- Source Code, Production Deployment, or ownership transfer (where applicable) shall be provided only after the Company receives full and final payment, as specified in the Agreement.
4. Project Timeline
- Project timelines are based on the Client providing timely approvals, content, documents, API credentials, data, and feedback.
- Any delay caused by the Client may automatically extend the project delivery schedule without any liability on the Company.
5. Change Request Policy
- Any new requirement requested after the commencement of the project shall be considered a Change Request.
- Such Change Requests shall be subject to separate quotations, additional charges, and revised project timelines.
6. Client Responsibilities
The Client shall be responsible for providing, on time:
- Required Documents
- Project Data
- API Credentials
- Company Logo
- Website Content
- Images
- Business Information
- Approvals
- Feedback
Any delay in providing the above may affect the project schedule.
7. Testing & Approval
- Upon completion of development, the Client shall be provided access for User Acceptance Testing (UAT).
- The Client shall review the software and provide feedback within the agreed timeframe.
- If no feedback is received within the specified period (where provided in the Agreement), the work may be deemed accepted by the Client.
8. Delivery Policy
- The software shall be delivered as per the agreed Scope of Work and Agreement.
- Hosting, Domain Registration, SSL Certificates, Servers, Third-Party APIs, SMS Services, WhatsApp APIs, Payment Gateway Charges, or similar services shall be charged separately unless explicitly included in the Agreement.
9. Intellectual Property Rights
- Until full payment has been received, all Source Code, Database Structures, Designs, Documentation, Project Files, and related intellectual property shall remain the exclusive property of the Company.
- Transfer of Intellectual Property Rights shall occur only in accordance with the terms of the executed Agreement and after full payment has been received.
10. Confidentiality
- Both parties agree to maintain the confidentiality of all proprietary and confidential information exchanged during the project.
- The Client shall not copy, distribute, disclose, sell, or share the Company's Source Code, Database, Technical Documentation, Business Processes, or Confidential Information without prior written consent.
11. Third-Party Services
The project may involve third-party services such as:
- Payment Gateways
- SMS Gateway Providers
- WhatsApp Business API
- Google Maps API
- Cloud Hosting
- Email Services
- Other External APIs
The Company shall not be responsible for service interruptions, pricing changes, downtime, or policy changes made by such third-party service providers.
12. Warranty & Support
- Bug fixing and technical support shall be provided only as per the support or warranty period mentioned in the Agreement.
- New features, enhancements, design modifications, integrations, or customizations requested after project delivery shall not be covered under warranty and may attract additional charges.
13. Refund & Cancellation
- The Token/Advance Amount shall be strictly Non-Refundable.
- No refund shall be provided once the project has commenced.
- If the Client cancels the project after commencement, the Client shall remain liable to pay all outstanding amounts as per the Agreement and agreed Payment Milestones.
14. Limitation of Liability
- The Company's liability shall be limited to the extent permitted under the Agreement and applicable laws.
- The Company shall not be liable for any indirect, incidental, special, consequential, or business losses, including loss of profits, data, business opportunities, or reputation, except where required by applicable law.
15. Suspension & Termination
The Company reserves the right to suspend or terminate the project or services if:
- The Client fails to make payments on time.
- The Client breaches any provision of the Agreement.
- The Client misuses the software or services.
- The Client engages in any unlawful or fraudulent activities.
16. Force Majeure
The Company shall not be held liable for delays or failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to:
- Natural Disasters
- Floods
- Earthquakes
- Fire
- War
- Government Restrictions
- Pandemic or Epidemic
- Internet Failure
- Power Outages
- Cyber Attacks
- Labor Strikes
- Any other Force Majeure Event
17. Governing Law & Jurisdiction
- These Terms & Conditions shall be governed by and construed in accordance with the laws of India.
- Any dispute arising out of or relating to these Terms & Conditions shall be subject to the exclusive jurisdiction of the competent courts having jurisdiction over the Company's Registered Office or shall be resolved through Arbitration if provided under the Agreement.
18. Policy Updates
- Shyvins Software Solution Private Limited reserves the right to modify, amend, or update these Terms & Conditions at any time.
- The revised Terms & Conditions shall become effective immediately upon publication on the Company's website unless otherwise specified.