Terms of Service
These Terms of Service ("Agreement") constitute a legally binding contract between VPTechSolution ("we", "us", "our", "Company") and the individual or entity engaging our services ("Client", "you"). By engaging our services, making any payment, or signing any proposal, you unconditionally agree to these Terms. If you disagree with any part, you must refrain from using our services immediately.
1. Services
VPTechSolution provides web development, mobile app development, digital marketing, graphic design, custom software development, and related digital services as agreed upon in a written project proposal or scope document. The exact scope, timeline, and deliverables are defined in the project agreement.
VPTechSolution reserves the right to modify the scope of services, project timelines, or deliverables at its sole discretion when necessitated by technical limitations, third-party dependencies, or circumstances beyond our reasonable control. We will make reasonable efforts to notify the Client of such changes.
2. Payment Terms
- Advance Payment: All projects require a minimum advance payment of 50% of the total project cost before any work commences. The remaining balance is due upon project completion and before final delivery or deployment.
- Non-Refundable Payments: All payments made to VPTechSolution are strictly non-refundable, regardless of the reason for cancellation, including but not limited to client dissatisfaction, project cancellation, change of mind, or business closure. Work already performed represents value delivered and is not subject to refund.
- Late Payments: Payments not received within the agreed timeframe may result in suspension of services, delay of project delivery, or termination of the agreement. VPTechSolution reserves the right to charge a late fee of 2% per month on overdue balances.
- Additional Work: Any work requested beyond the originally agreed scope will be billed separately at VPTechSolution's prevailing rates and must be paid in advance.
- Currency: All prices are quoted in Indian Rupees (INR) unless explicitly stated otherwise in the project agreement.
3. Intellectual Property Rights
- Ownership Until Full Payment: All work product, designs, code, content, and deliverables created by VPTechSolution remain the exclusive intellectual property of VPTechSolution until full and final payment has been received. The Client does not acquire any rights to any deliverable until all outstanding payments are settled.
- Upon Full Payment: Upon receipt of full payment, VPTechSolution grants the Client a non-exclusive license to use the final deliverables for their intended business purpose, unless a full intellectual property assignment is separately agreed and paid for.
- VPTechSolution Portfolio Rights: VPTechSolution retains the irrevocable right to display any work created for the Client in its portfolio, on its website, and across marketing channels, including after project completion. This right is not subject to revocation by the Client.
- Third-Party Assets: The Client is solely responsible for obtaining licenses for any third-party assets, stock images, fonts, software, or content that they supply or request to be incorporated into the project. VPTechSolution shall not be held liable for any intellectual property infringement arising from Client-supplied materials.
- Open-Source Components: Projects may incorporate open-source libraries or frameworks, which carry their own respective licenses. VPTechSolution does not transfer ownership of any open-source components.
4. Client Responsibilities
The Client agrees to fulfill the following responsibilities to facilitate timely project delivery:
- Provide all required content, assets, images, text, logos, and materials within the timeline agreed upon. Delays in providing materials will result in corresponding delays in delivery for which VPTechSolution bears no responsibility.
- Provide clear, complete, and timely feedback and approvals. If feedback is not received within 7 business days of a review request, VPTechSolution may consider the deliverable approved and proceed accordingly.
- Designate a single point of contact with authority to make decisions and approve deliverables.
- Provide access to all required platforms, accounts, servers, and systems as needed by VPTechSolution to perform the services.
- Ensure all information provided to VPTechSolution is accurate, complete, and not in violation of any applicable laws or third-party rights.
5. Project Timeline and Delivery
Project timelines are estimates only and are subject to change. VPTechSolution shall not be liable for any delays arising from: Client's failure to provide timely materials, content, or approvals; changes in project scope requested by the Client; third-party service interruptions; force majeure events; or any other circumstances beyond our reasonable control. VPTechSolution will make commercially reasonable efforts to meet agreed deadlines.
Revisions and change requests beyond those specified in the project scope will reset timelines and incur additional charges at VPTechSolution's prevailing rates.
6. Warranties and Disclaimers
- Limited Warranty: VPTechSolution warrants that deliverables will substantially conform to the agreed specifications at the time of delivery. This warranty does not cover issues arising from Client modifications, third-party integrations, hosting environments, or use outside the intended scope.
- No Guarantee of Results: VPTechSolution does not guarantee any specific business results, including but not limited to increased sales, traffic, search engine rankings, revenue, or user acquisition from any services provided, including digital marketing.
- Third-Party Services: VPTechSolution makes no warranties regarding third-party platforms, APIs, hosting providers, or software integrated into the project. Changes made by third parties to their services are outside VPTechSolution's control and responsibility.
- As-Is Post-Delivery: After project delivery and client acceptance, all further maintenance, updates, and support are chargeable separately unless covered by a separate maintenance agreement.
7. Limitation of Liability
To the maximum extent permitted by applicable law, VPTechSolution's total liability to the Client for any claim arising out of or relating to these Terms or any services provided shall not exceed the total amount actually paid by the Client to VPTechSolution for the specific project giving rise to the claim.
VPTechSolution shall not be liable under any circumstances for: loss of profits, loss of revenue, loss of data, loss of business opportunity, indirect, incidental, special, consequential, or punitive damages, even if advised of the possibility of such damages.
8. Confidentiality
VPTechSolution agrees to maintain reasonable confidentiality of sensitive business information shared by the Client that is clearly designated as confidential. This obligation does not apply to: information already publicly available, information VPTechSolution independently develops, or information disclosed under legal obligation. VPTechSolution retains the right to share general project information for portfolio and marketing purposes as described under Intellectual Property Rights.
9. Termination
- By VPTechSolution: VPTechSolution reserves the right to terminate any project or service agreement at its sole discretion, with or without cause, upon written notice to the Client. In such cases, VPTechSolution shall retain all payments received for work already performed.
- By Client: The Client may terminate services with written notice. All payments made prior to termination are non-refundable. Any work in progress at the time of termination shall be billed on a pro-rata basis based on the work completed.
- Effect of Termination: Upon termination, VPTechSolution is not obligated to deliver any incomplete work until outstanding balances are settled in full.
10. Indemnification
The Client agrees to indemnify, defend, and hold harmless VPTechSolution, its founders, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: the Client's use of deliverables, violation of these Terms, breach of any applicable law, infringement of third-party rights through Client-supplied content or materials, or any misrepresentation made by the Client.
11. Modifications to Terms
VPTechSolution reserves the exclusive right to modify, update, or replace these Terms of Service at any time without prior notice. Changes are effective immediately upon posting on our website. Your continued use of our services following any changes constitutes your acceptance of the revised Terms. It is the Client's sole responsibility to review these Terms periodically.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Maharashtra, India. Any dispute, claim, or controversy arising out of or relating to these Terms or the services provided shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be subject to the exclusive jurisdiction of the courts located in Vasai, Maharashtra, India.
13. Entire Agreement
These Terms of Service, together with any signed project proposal or scope document, constitute the entire agreement between VPTechSolution and the Client with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether written or oral. Any waiver of any provision of these Terms shall not constitute a waiver of any other provision or of the same provision on another occasion.
14. Contact Us
For any questions or concerns about these Terms of Service, please contact us:
VPTechSolution
B-303, Shree DutaKrupa CHS, Parnaka Naka, Vasai (West), Maharashtra 401201, India
Email: vptechsolution18@gmail.com
Phone: +91 775 784 2326