Terms & Conditions

Last Updated: November 20, 2024

1. Definitions
   • Company: Refers to Techomini Software.
   • Client: The person or legal entity receiving services.
   • Services: Software development, consulting, UI/UX design, cloud deployment, integration, and related IT services.
   • Deliverables: Software, documentation, assets, designs, APIs, or any agreed project output.
   • Agreement: This Terms & Conditions document and any signed proposal or Statement of Work (SoW).
2. Scope of Work

   Work shall be based on the mutually agreed project scope or proposal. Additions or modifications beyond scope will be charged separately and may impact deadlines.

3. Project Timelines

   Tentative delivery timelines will be provided post-project kick-off. Delays due to Client unresponsiveness or third-party dependencies shall not be counted against the Company.

4. Payments & Invoicing
   • Payment Terms: As discussed and agreed in the proposal document.
   • Invoices must be paid within 15 days of issue unless agreed otherwise.
   • Late payments may attract interest at 2% per month or delay project progress.
   • GST and other applicable taxes will be added as per Indian law.
5. Intellectual Property Rights (IPR)
   • Upon full payment, the Client owns exclusive rights to the final Deliverables.
   • The Company retains rights to internal libraries, reusable modules, and frameworks not built exclusively for the Client.
   • The Company may display work (excluding confidential projects) in its portfolio unless explicitly restricted.
6. Client Responsibilities
   • Provide timely content, access credentials, branding material, and feedback.
   • Assign a single point of contact for all communication.
   • Ensure provided materials are not infringing on third-party copyrights.
7. Change Requests
   • All change requests must be submitted in writing.
   • Minor changes may be accommodated without charge at the Company’s discretion.
   • Major changes or additions will require a change order with new timelines and fees.
8. Confidentiality

   Both parties agree to maintain strict confidentiality regarding trade secrets, proprietary code, and business information. NDAs may be signed separately if required.

9. Warranties & Post-Delivery Support
   • The Company provides a 30-day bug-fix warranty post-handover.
   • Warranty excludes enhancements, new features, or changes in third-party APIs.
   • Paid maintenance plans are available upon request.
10. Limitation of Liability

    The Company’s liability is limited to the amount paid by the Client under this agreement. The Company is not liable for indirect, incidental, or consequential damages (e.g., loss of revenue or data).

11. Termination
    • Either party may terminate this agreement with 15 days written notice.
    • Upon termination, the Client shall pay for all work completed up to the notice period.
    • No refund shall be issued for work already delivered or partially completed unless otherwise agreed.
12. Dispute Resolution & Jurisdiction

    Disputes will be resolved amicably. If unresolved, they shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996. Jurisdiction: Courts of Jaipur, Rajasthan, India shall have exclusive jurisdiction.

13. Force Majeure

    The Company shall not be liable for delays or non-performance due to events beyond its control, such as natural disasters, internet outages, cyberattacks, strikes, etc.

14. Third-Party Licenses & APIs
    • If any third-party components, APIs, or libraries are used (paid or open-source), their licenses will govern usage terms.
    • Any license cost for third-party tools shall be borne by the Client.
    • The Company will not be liable for changes, depreciation, or termination of such third-party services.
15. Data Protection & Privacy (GDPR / DPDP Compliance)
    • Client data shall be handled with reasonable security and privacy measures.
    • The Client is responsible for ensuring data collection complies with applicable privacy laws.
    • The Company will not use, resell, or disclose client data without permission unless required by law.
    • For projects processing EU or Indian citizen data, the Client must ensure compliance with GDPR or India’s Digital Personal Data Protection Act (DPDP).
16. Portfolio & Marketing Rights

    Unless otherwise agreed, the Company reserves the right to display the completed project in its public portfolio and marketing materials.

17. Entire Agreement

    This agreement constitutes the entire understanding between both parties and supersedes all prior discussions, emails, or verbal commitments.