Terms of Service

Effective Date: September 17, 2024

Introduction

These Terms of Service ("Terms") govern your access to and use of Sumigyan's ("we," "us," or "our") services. Please read these Terms carefully before engaging our services. By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy.

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1. Definitions

1.1. "Services" refers to web development, software development, digital solutions, and related services provided by Sumigyan.

1.2. "Client" refers to any individual or entity that engages our services.

1.3. "Deliverables" refers to any work product, including but not limited to websites, applications, software, code, designs, and documentation.

1.4. "Intellectual Property" includes all patents, copyrights, trademarks, trade secrets, and other proprietary rights.

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2. Services and Scope

2.1. Service Description

We provide comprehensive web development and digital solution services, including but not limited to:

- Full-stack web development

- Custom software development

- E-commerce solutions

- Enterprise system architecture

- Progressive Web Applications (PWAs)

- API development and integration

- Cloud infrastructure management

- Performance optimization

2.2. Project Execution

- We follow Agile development methodology

- Projects are executed in sprint-based delivery cycles

- Implementation of continuous integration/deployment

- Comprehensive quality assurance protocols

- Regular progress reporting and documentation

2.3. Service Limitations

We reserve the right to refuse service to anyone for any reason at any time. Services are subject to availability and technical feasibility.

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3. Financial Terms

3.1. Payment Structure

- Initial deposit of 20% of the project value

- Milestone-based payments as outlined in the project proposal

- Final payment due before the transfer of deliverables

3.2. Payment Terms

- Invoices are payable within 15 days of issuance

- Late payments incur a 2% monthly interest charge

- All fees are non-refundable unless explicitly stated

- International transactions may incur additional fees

3.3. Currency and Taxes

- All prices are quoted in Indian Rupees (INR)

- Clients are responsible for applicable taxes

- Currency fluctuation risks are borne by the client

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4. Intellectual Property Rights

4.1. Ownership

- Upon full payment, clients receive ownership rights to custom deliverables

- Pre-existing intellectual property remains with respective owners

- Third-party components are subject to their respective licenses

4.2. License Grants

- We retain the right to use non-proprietary methodologies

- Clients grant us the right to use their name and project details for portfolio purposes

- Open-source components are subject to their respective licenses

4.3. Restrictions

- Clients may not resell or redistribute our proprietary frameworks

- Modification of source code must comply with applicable licenses

- Client materials must not infringe on third-party rights

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5. Confidentiality and Data Protection

5.1. Confidential Information

- Both parties must maintain strict confidentiality

- Protection of trade secrets and proprietary information

- Five-year post-termination confidentiality obligation

5.2. Data Security

- Implementation of industry-standard security measures

- Regular security audits and vulnerability assessments

- Prompt notification of security incidents within 24 hours

5.3. Data Processing

- Compliance with GDPR and applicable data protection laws

- Processing of personal data only as instructed by clients

- Implementation of appropriate technical and organizational measures

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6. Liability and Indemnification

6.1. Limitation of Liability

- Aggregate liability limited to fees paid in preceding 12 months

- No liability for indirect or consequential damages

- Force majeure events exempt from liability

6.2. Indemnification

- Clients indemnify us against third-party claims

- We indemnify clients against IP infringement claims

- Mutual indemnification for breach of confidentiality

6.3. Warranty

- Services provided on "as is" basis

- No guarantee of uninterrupted or error-free operation

- 30-day warranty period for reported defects

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7. Term and Termination

7.1. Duration

- Terms effective until terminated by either party

- Project-specific terms as per separate agreements

7.2. Termination

- 30 days written notice for convenience

- Immediate termination for material breach

- Survival of relevant provisions post-termination

7.3. Post-Termination

- 60-day transition assistance period

- Secure transfer or destruction of client data

- Settlement of outstanding payments

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8. Dispute Resolution

8.1. Governing Law

- Agreement governed by Indian law

- Exclusive jurisdiction in Bhopal courts

8.2. Resolution Process

- 30-day good faith negotiation period

- Mandatory mediation before litigation

- Binding arbitration under Indian law

8.3. Legal Fees

- Prevailing party entitled to reasonable attorney fees

- Each party bears own costs during negotiation

- Arbitration costs shared equally

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9. Modifications and Updates

9.1. Terms Updates

- We reserve the right to modify these terms

- Notice provided for material changes

- Continued use constitutes acceptance

9.2. Service Modifications

- Right to modify or discontinue services

- Notice provided for material changes

- No liability for service modifications

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These Terms constitute the entire agreement between you and Sumigyan regarding the use of our services. Last Updated: September 17, 2024 For questions about these Terms, please contact us at contact@sumigyan.in