Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between you ("Client," "you," or "your") and BITINFO Technology ("Company," "we," "us," or "our") governing your access to and use of our website, services, and software solutions.

By accessing our website, submitting an inquiry, signing a proposal, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or engage our services.

2. Description of Services

BITINFO Technology provides the following IT services:

• Web Development: Custom website design, front-end and back-end development, CMS development, e-commerce solutions, and website maintenance.
• Mobile App Development: Native and cross-platform mobile applications for iOS and Android, including UI/UX design and app store deployment.
• Software Development: Custom software applications, enterprise solutions, API development and integration, and legacy system modernization.
• Cloud Services: Cloud migration, infrastructure setup (AWS, Azure, Google Cloud), DevOps, CI/CD pipelines, and cloud maintenance.
• Digital Transformation: Business process automation, digital strategy consulting, and technology stack modernization.
• UI/UX Design: User interface design, user experience research, prototyping, and design systems.
• IT Consulting: Technology advisory, system architecture, code review, and technical due diligence.

The specific scope, deliverables, timeline, and pricing for each engagement are defined in a separate Statement of Work (SOW) or project proposal agreed upon by both parties.

3. Eligibility

You must meet the following criteria to use our services:

• You are at least 18 years of age and have the legal capacity to enter into binding contracts.
• You are an authorized representative of the entity on whose behalf you are engaging our services (if applicable).
• You are not prohibited from using our services under applicable Indian or international law.
• All information you provide to us is accurate, current, and complete.

4. Client Responsibilities

To ensure successful project delivery, the Client agrees to:

• Timely Feedback: Provide timely reviews, feedback, and approvals within agreed-upon turnaround times (typically 2-3 business days).
• Accurate Information: Provide accurate, complete, and up-to-date information regarding project requirements, business logic, and content.
• Resource Availability: Designate a project coordinator or point of contact who is available for regular communication.
• Content & Assets: Provide all necessary content, images, logos, branding guidelines, and third-party credentials required for the project.
• Compliance: Ensure all content and materials provided do not infringe on any third-party intellectual property rights.
• Access: Grant necessary access to systems, servers, APIs, and platforms required for development and deployment.

Delays caused by the Client in providing feedback, content, or access may result in corresponding timeline adjustments and may incur additional charges.

5. Payment Terms

• Project Pricing: Pricing is defined in the SOW or proposal. Unless otherwise stated, all prices are in Indian Rupees (INR) and exclusive of applicable taxes (GST at 18%).
• Payment Schedule: Typical payment milestones: 30% advance, 30% at mid-project milestone, 30% at final delivery, and 10% post-deployment (customizable per SOW).
• Invoicing: Invoices are issued upon milestone completion. Payment is due within 15 days of invoice date for domestic clients and 7 days for international clients.
• Late Payment: Overdue invoices may incur a late fee of 1.5% per month. Services may be suspended for invoices overdue by more than 30 days.
• Retainer & AMC: For ongoing maintenance or retainer engagements, invoices are issued monthly in advance.
• Refunds: Advance payments are non-refundable once work has commenced. Refunds for unused services are evaluated on a case-by-case basis.
• Currency: International clients may pay in USD or EUR via wire transfer or approved payment gateways. Exchange rate fluctuations are borne by the Client.

6. Intellectual Property

6.1 Client-Owned IP

All content, materials, branding, and data provided by the Client remain the sole property of the Client. BITINFO Technology does not claim ownership over Client-provided materials.

6.2 Project Deliverables

Upon full payment of all invoices, ownership of custom-developed source code, designs, and deliverables specific to the project transfers to the Client. Until full payment is received, BITINFO Technology retains ownership and may withhold delivery of source code.

6.3 BITINFO Technology IP

BITINFO Technology retains ownership of all pre-existing tools, frameworks, libraries, templates, methodologies, and internal processes used during the project. These may be used by BITINFO Technology for other clients and projects.

6.4 Open Source

Where open-source libraries or components are used in the project, they remain licensed under their respective open-source licenses (MIT, Apache, GPL, etc.). The Client must comply with the terms of such licenses.

6.5 Portfolio Rights

BITINFO Technology may display the completed project in its portfolio, case studies, and marketing materials unless a Non-Disclosure Agreement (NDA) explicitly prohibits it.

7. Confidentiality

Both parties agree to maintain the confidentiality of all non-public information shared during the course of the engagement, including business strategies, technical specifications, pricing, customer data, and trade secrets. Confidential information shall not be disclosed to third parties without prior written consent, except as required by law.

This confidentiality obligation survives the termination of the engagement for a period of 5 years. A separate NDA may be executed for projects requiring enhanced confidentiality.

8. Warranties & Disclaimers

8.1 Our Warranties

• We warrant that all delivered software will be free from major defects for a period of 30 days from final deployment (bug-fix warranty period).
• We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards.
• We warrant that we have the necessary skills, expertise, and licenses to deliver the agreed-upon services.

8.2 Disclaimers

• Services are provided "as is" and "as available" beyond the warranty period.
• We do not guarantee that the software will be error-free, uninterrupted, or compatible with all future browser/OS versions.
• We are not responsible for issues arising from third-party services, APIs, or platforms beyond our control.
• We are not liable for data loss caused by Client negligence, improper server configuration, or failure to maintain backups.

9. Limitation of Liability

To the maximum extent permitted by law:

• Total Liability: BITINFO Technology's total liability for any claim arising from the services shall not exceed the total amount paid by the Client for the specific project giving rise to the claim.
• Indirect Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of business, or loss of goodwill.
• Third-Party Claims: We are not liable for claims brought by third parties against the Client, except where caused by our gross negligence or willful misconduct.
• Client Responsibility: The Client is responsible for maintaining their own backups, security patches, and insurance coverage for their business operations.

10. Termination

10.1 Termination by Either Party

Either party may terminate the engagement with 30 days' written notice. The Client is liable for all work completed and expenses incurred up to the termination date.

10.2 Termination for Cause

BITINFO Technology may terminate the engagement immediately if:

• The Client fails to pay invoices overdue by more than 45 days.
• The Client breaches these Terms or the SOW and fails to cure within 15 days of notice.
• The Client engages in fraudulent, illegal, or unethical activities.

10.3 Effect of Termination

Upon termination, the Client shall pay all outstanding amounts. BITINFO Technology will deliver all work completed up to the termination date. Ongoing maintenance and support services cease immediately.

11. Indemnification

The Client agrees to indemnify and hold harmless BITINFO Technology, its directors, employees, and partners from any claims, damages, losses, or expenses (including legal fees) arising from:

• Content, data, or materials provided by the Client that infringe third-party rights.
• The Client's use of the delivered software or services in violation of these Terms or applicable law.
• Third-party claims related to the Client's business operations.

12. Governing Law & Dispute Resolution

• Governing Law: These Terms are governed by the laws of India, specifically the Indian Contract Act, 1872, and the Information Technology Act, 2000.
• Jurisdiction: The courts of Surat, Gujarat, India shall have exclusive jurisdiction over any disputes arising from these Terms.
• Dispute Resolution: Both parties agree to first attempt to resolve disputes through good-faith negotiations. If unresolved within 30 days, disputes shall be submitted to arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in Surat, Gujarat.
• Language: Arbitration proceedings shall be conducted in English.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Updated Terms will be posted on this page with a revised "Last Updated" date. For active projects, the Terms in effect at the time of SOW signing shall apply unless both parties agree otherwise in writing.

14. Contact Us

For any questions, clarifications, or legal notices regarding these Terms of Service, please contact us: