Terms and Conditions

1. Acceptance of Terms

Welcome to Infosware Pvt. Ltd. ("Company," "we," "our," "us"). By accessing our website athttps://infosware.in(the "Site") or using our software development, IT consulting, and related services (collectively, the "Services"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Site or Services.

2. Definitions

• "Client" or "You" means the individual or entity using our Services.
• "Services" includes custom software development, web development, mobile app development, CRM/ERP solutions, RFID technology, IoT solutions, digital marketing, and related IT consulting services.
• "Project" means the specific software development or consulting engagement agreed upon between you and Infosware.
• "Deliverables" means the final software, code, documentation, or other materials provided as part of the Services.
• "Confidential Information" means any proprietary information disclosed by either party.

3. Services Description

Infosware provides a range of technology services including but not limited to:

• Custom Software Development
• Web Application Development
• Mobile App Development (iOS, Android, Cross-platform)
• CRM and ERP Solutions
• RFID Technology Integration
• IoT and Embedded Systems Development
• Cloud Solutions and Migration
• Digital Marketing and SEO
• IT Consulting and Support

Specific service details, timelines, and deliverables will be outlined in a separate Statement of Work (SOW) or Project Proposal agreed upon by both parties.

4. Client Responsibilities

To ensure successful project delivery, you agree to:

• Provide accurate and complete project requirements
• Make timely decisions and provide feedback
• Provide necessary access to systems, APIs and tools
• Assign a point of contact for communication
• Provide content and branding materials when required
• Review deliverables within agreed timelines
• Pay all fees and charges as outlined in the agreement

5. Intellectual Property Rights

5.1 Ownership of Deliverables

Upon full payment of all fees, you will own the final deliverables specifically developed for you under the project.

• Pre-existing tools, libraries, and frameworks
• Generic code components not unique to your project
• Development methodologies and processes

5.2 License to Use

We grant you a non-exclusive, perpetual, royalty-free license to use any pre-existing materials incorporated into your deliverables solely as part of those deliverables.

5.3 Portfolio Rights

We reserve the right to include your project in our portfolio, case studies and marketing materials unless you request confidentiality in writing.

6. Fees and Payment

• Pricing: Fees will be outlined in the project proposal or Statement of Work.
• Payment Terms: Typically, 30-50% advance payment is required before project commencement.
• Invoicing: Invoices are due within 7 days of receipt unless otherwise agreed.
• Late Payments: Late payments may incur interest at the maximum rate permitted by law.
• Suspension: We reserve the right to suspend work if payments become overdue.
• Taxes: You are responsible for all applicable taxes, duties, and levies.

7. Project Timeline and Delivery

• Estimated timelines are provided in good faith but may change based on project complexity.
• Delays caused by client feedback, third-party dependencies, or change requests may extend timelines.
• We will provide regular progress updates during development.
• Acceptance testing periods will be agreed upon in project documentation.

8. Change Requests

Any changes to project scope, requirements, or specifications after work has begun may incur additional fees and timeline adjustments. We will provide a change request outlining the impact on cost, resources, and schedule before proceeding.

9. Warranties

We warrant that:

• Services will be performed in a professional manner consistent with industry standards.
• Deliverables will substantially conform to agreed specifications.
• We have the legal right to provide the Services and Deliverables.

Except as expressly provided, all services are provided on an "AS IS" basis without warranties of any kind.

10. Limitation of Liability

To the maximum extent permitted by law, Infosware shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, business opportunities, or data.
• Damages exceeding the total fees paid for the specific project.

This limitation applies even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify and hold Infosware, its directors, employees, and affiliates harmless from any claims, damages, liabilities, losses, and expenses arising from your use of our Services, violation of these Terms, or infringement of any third-party rights.

12. Confidentiality

Both parties agree to:

• Protect Confidential Information using reasonable care.
• Use Confidential Information only for project-related purposes.
• Not disclose Confidential Information without written permission.
• Return or destroy Confidential Information upon request.

These obligations survive termination of the agreement for a reasonable period after project completion.

13. Termination

• By Either Party: For material breach not cured within the agreed notice period.
• By Client: At any time with written notice, subject to payment for work completed.
• By Infosware: For non-payment, insolvency, or violation of these Terms.
• Effect of Termination: All outstanding fees become due and payable immediately.

14. Website Use Terms

14.1 Acceptable Use

You agree not to:

• Use the Site in violation of applicable laws.
• Attempt unauthorized access to our systems.
• Interfere with the security or functionality of the Site.
• Upload malicious code, malware, or viruses.
• Copy, scrape, or distribute content without permission.
• Impersonate any person or organization.

14.2 User Content

Any content submitted through forms, emails, or other communication channels must not be unlawful, defamatory, offensive, or infringe upon the rights of others. We reserve the right to remove or reject such content.

15. Third-Party Links

Our website may contain links to third-party websites and services. These links are provided for convenience only. Infosware does not control and is not responsible for the content, privacy policies, or practices of third-party sites.

16. Force Majeure

Neither party shall be liable for any failure or delay in performance resulting from events beyond reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet outages, government restrictions, pandemics, or other unforeseen circumstances.

17. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of India. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts located in Noida, Uttar Pradesh.

18. Dispute Resolution

• Negotiation: Parties will first attempt to resolve disputes amicably through discussion.
• Mediation: If unresolved, parties may agree to mediation.
• Arbitration: Disputes may be referred to arbitration in accordance with applicable Indian laws.
• Court Relief: Either party may seek injunctive relief where necessary to protect intellectual property or confidential information.

19. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms, together with any project proposal, Statement of Work (SOW), quotation, or written agreement between Infosware and the Client, constitute the entire agreement regarding the Services and supersede all prior discussions or agreements.

21. Changes to Terms

We reserve the right to modify or update these Terms at any time. Changes will become effective immediately upon posting on this page. Continued use of our website or Services constitutes acceptance of the updated Terms.

22. Contact Information

If you have any questions regarding these Terms and Conditions, please contact us using the information below: