Terms and Conditions - ShubhiTech (opc) Private Limited

  1. For Software Development and Consulting services :
  • This Service Agreement shall apply and govern the Statement of Work(s), project, letter of intent or any other document executed between ShubhiTech or any of its affiliates [specifically identified in the SOW] and Customer, for the purpose of providing professional services or deliverables for software development and consulting.
  1. Payments :
  • Payments are non-refundable.
  • Payment will be made by Customer within 15 days upon receipt of an invoice.
  • In the event where there is a delay in payment for more than 5 days from the due date, the Customer shall be liable to pay an interest of 1.5% per month or maximum permitted by applicable law, whichever is less, on the delayed payments from the due date of payment.
  • Contractor’s relationship with Company is that of an independent contractor, and nothing in this Agreement will be construed to create a joint partnership, joint venture, agency, or employer-employee relationship.
  1. Approval Process :
  • Customer will have seven (7) days following receipt of the Services or Deliverable. (“Acceptance Period”), to complete acceptance tests as per acceptance criteria agreed in the SOW (“Acceptance Criteria”).
  • If no notice of non-conformance to Acceptance Criteria is reported during Acceptance Period, Deliverables or Services are deemed accepted by the Customer.
  1. Intellectual Property Rights :
  • Customer shall own all right, title and interest in and to the Deliverables.
  • The rights, title and interest in and to the Deliverables shall be granted to the Customer only upon receipt of full payment by the Consultant.
  1. Warranties :
  • Except as expressly stated in this Agreement, the parties disclaim all warranties of any kind, implied, statutory, or in any communication between them, including without limitation, the implied warranties of merchantability, non-infringement, title, and fitness for a particular purpose.
  1. Termination :
  • Either party may terminate the Agreement upon sixty (15) days’ notice to the other party.
  • Either party may terminate this Agreement immediately if the other party breaches the terms of this Agreement and the breach remains uncured for 15 days from the date of receipt of notice.
  • In case of termination, the Consultant shall be paid for the Services provided on a pro-rata basis.
  1. Permissions and Copyrights :
  • The client will obtain all necessary permissions and authorities with respect to the use of all copy, graphics, logos, names and trademarks and any other material supplied by the client to ShubhiTech.
  • Supply of the said material by the client to ShubhiTech shall be regarded as a guarantee from the client that all such permissions and authorities have been sought and obtained for said material.
  • No responsibility will be accepted by ShubhiTech for damages or losses incurred by the client from the use of material for which permission or authority has not been obtained.

8.  Payment in Advance :

·      ShubhiTech would like to take 30% of signed payment in advance through various platforms such as  Razor pay, Paytm UPI, Bank Transfer, Cash.

  1. Payment Invoice :
  • ShubhiTech demands the payment before due date mentioned on Invoice.
  • A 24% late fee will be assessed if Invoice is not paid by given “Payment Due Date”
  1. Payment Confirmation :
  • The Client will receive payment confirmation by email on the email address given at the time of deal or contract. The confirmation will be sent after the payment has been processed as soon as practically possible.
  1. Refund Policy :
  • ShubhiTech are willing to work with you and after getting confirmation from client side, we immediately take action on it and send your work in progress. Therefore, if you take your steps back after confirmation, so, the amount you have already paid is non-refundable. We interact with our clients and do our best to solve all their queries and start work after their approval, therefore, there is no provision for any kind of refund. We clearly mentioned that the paid amount is non-refundable in any circumstance.
  1. Errors and Liabilities :
  • ShubhiTech will pursue due care to ensure the applications created are free from errors.
  • ShubhiTech will correct any errors made by ShubhiTech staff within any application.
  • ShubhiTech does not accept responsibility for errors, damages, losses or additional costs that relate to third party products that ShubhiTech may require in completion of the quoted application.
  1. Force Majeure :
  • Neither party shall be liable for any failure or delay in fulfilling the terms of this Agreement due to fire, strike, war, civil unrest, terrorist action, government regulations, act of Nature or other causes which are unavoidable and beyond the reasonable control of the party claiming force majeure.
  • This provision shall not be construed as relieving either party from its obligation to pay any sum due to the other party.
  1. Subcontracting :
  • Consultant may subcontract the services to any of its affiliates.
  1. Confidentiality :
  • Each party may have access to information that is confidential and proprietary to the other party (“Confidential Information”).
  • “Confidential Information” shall include any and all technical and non-technical information of each party, including but not limited to

(a) patent and patent applications,

(b) trade secrets, and

(c) proprietary information–mask works, ideas, samples, media, techniques, sketches, drawings, works of authorship, models, inventions, know-how, processes, apparatuses, equipment, algorithms, software programs, software source documents, and formulae related to the current, future, and proposed products and services of each of the parties, and including, without limitation, their respective information concerning research, experimental work, development, design details and specifications, engineering, financial information, procurement requirements, purchasing, manufacturing, Client lists, investors, employees, business and contractual relationships, business forecasts, sales and merchandising, marketing plans and any other information of a similar nature.

  • Each party agrees not to make Confidential Information available in any form to any third party except to such party’s employees, contractors, agents or service providers who are required to know or are allowed such party to exercise its rights or perform obligations under these Terms and Conditions or to use the Confidential Information for any purpose other than in the performance of these Terms and Conditions.
  • Each party agrees to take all reasonable steps to ensure that Confidential Information is secure and not disclosed or distributed by such party’s employees or agents in breach of this Section.
  1. Assignment :
  • Neither party may assign or delegate its rights and obligations under these Terms and Conditions and the Services Schedule to any third party without the prior consent of the other party to these Terms and Conditions (which consent shall not be unreasonably withheld); provided, however, that a “change of control” transaction shall not be deemed assignment or delegation under these Terms and Conditions.
  1. Warranty :
  • Provided that Client performs its obligations to ShubhiTech under these Terms and Conditions and the applicable Services Schedule, ShubhiTech warrants to Client that the Services performed by ShubhiTech will be performed consistent with generally accepted industry practice.
  • ShubhiTech warranty shall expire 30 days after the applicable Services Completion Date or earlier termination.
  • ShubhiTech warranty shall only be effective if Client notifies ShubhiTech of the breach of warranty within 30 days after the applicable Services Completion Date.
  1. Entire Agreement :
  • These Terms and Conditions, together with all applicable Services Schedule executed by the parties constitute the entire agreement between the parties, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
  • No modification, amendment or waiver of any provision of these Terms and Conditions shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.
  • Notwithstanding any language to the contrary therein, no terms or conditions stated in a Client purchase order or in any other Client order documentation shall be incorporated into or form any part of these Terms and Conditions, and all such terms or conditions shall be null and void.
  • If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable.
  1. Changes to the site and the terms and conditions :
  • ShubhiTech site and Terms and Conditions may be amended, revised, changed or modified by ShubhiTech with or without notice.
  • Kindy visit the website on regular basis for changes.
  • Continued use of this site following any change to ShubhiTech Terms and Conditions constitutes your acceptance of any such change to these Terms and Conditions.