This Terms of Service Agreement (“Agreement”) is entered into by and between Consulminds Technologies Private Limited, a company incorporated in India under the Companies Act, 2013 (“Company”), and the user (“User”) of the Company’s website (“Website”).
1. Introduction
The Company provides software development services to clients worldwide, including the United States and the United Kingdom. By accessing or using the Website, the User agrees to be bound by the terms and conditions of this Agreement.
2. Definitions
- “Services” means the software development services provided by the Company to the User.
- “Project” means a specific software development project undertaken by the Company for the User.
- “Intellectual Property” means all patents, trademarks, copyrights, trade secrets, and other intellectual property rights owned by the Company or its clients.
3. Use of the Website
- The User must be at least 18 years old to use the Website.
- The User must provide accurate and complete information when registering for an account on the Website.
- The User is responsible for maintaining the confidentiality and security of their account login credentials.
- The Company reserves the right to modify or discontinue the Website at any time without notice.
4. Services
- The Company will provide the Services to the User in accordance with the terms and conditions of this Agreement.
- The Company will use its best efforts to deliver the Services on time and to the required quality standards.
- The User is responsible for providing all necessary information and materials to the Company to enable the Company to deliver the Services.
5. Payment Terms
- The User must pay the Company the fees for the Services in accordance with the payment schedule agreed upon by the parties.
- The User is responsible for all taxes, duties, and other charges imposed on the Services.
6. Intellectual Property
- The Company retains all Intellectual Property rights in and to the Services and any deliverables provided to the User.
- The User acquires only a non-exclusive license to use the Services and deliverables for the purpose of the Project.
7. Refund and Cancellation Policy
- The User may cancel the Project at any time by providing written notice to the Company.
- If the User cancels the Project, the Company will refund any prepaid fees to the User, minus any fees already incurred by the Company.
- The User may request a refund of any prepaid fees if the Company fails to deliver the Services in accordance with the terms and conditions of this Agreement.
8. Limitation of Liability
- The Company will not be liable for any indirect, special, or consequential damages arising out of or in connection with this Agreement.
- The Company’s total liability for any damages arising out of or in connection with this Agreement will not exceed the amount of fees paid by the User to the Company.
9. Governing Law and Jurisdiction
- This Agreement will be governed by and construed in accordance with all applicable laws within the territory of India.
- Any disputes arising out of or in connection with this Agreement will be resolved through arbitration in accordance with the Arbitration and Conciliation Act, 1996.
- You are agreeing to the terms of the Policy thereby consenting to the exclusive jurisdiction and venue of courts in Pune, India, in all disputes arising out of or relating to the use of the Website or this Policy.
10. Termination
- Either party may terminate this Agreement at any time by providing written notice to the other party.
- Upon termination, the User must cease using the Services and return any property of the Company to the Company.
11. Amendments
- The Company may amend this Agreement at any time by posting the amended terms and conditions on the Website.
- The User’s continued use of the Website after the amended terms and conditions are posted will constitute acceptance of the amended terms and conditions.
12. Entire Agreement
- This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or understandings.
By accessing or using the Website, the User acknowledges that they have read, understood, and agreed to be bound by the terms and conditions of this Agreement.