Scope of Services
BS Teknology Private Limited (hereinafter referred to as “Company”) agrees to provide customized software, web development, mobile applications, and technical support services as outlined in the mutually agreed-upon order or contract.
Order Confirmation
The client (hereinafter referred to as “Client”) acknowledges that, prior to placing an order with the Company, all necessary internal approvals, including those from directors, higher officials, and any relevant associations or governing bodies, have been obtained. The Client agrees that the financial commitment made is binding and will be honored in accordance with the agreed payment schedule.
Payment Terms
- The Client agrees to make full payment according to the terms specified in the order or contract.
- Any delay in payments will result in additional charges, including but not limited to, interest on overdue amounts, costs of men and machinery, and other operational costs. The Company retains the right to charge late fees as per the provisions of The Micro, Small and Medium Enterprises Development Act, 2006, if applicable.
- Ownership of all deliverables remains with the Company until full payment is received, unless otherwise explicitly stated in the contract.
Project Scope & Market Fluctuation
- The cost of services mentioned in the order or contract is subject to change based on any variation in project scope, availability of resources (manpower and equipment), and market fluctuations, including but not limited to changes in the foreign exchange rate and raw material costs.
- In case of any modification in the project scope, the Client agrees to bear any additional costs incurred.
Payment Gateway Charges
If the Client opts to use an online payment gateway, the Client is liable to pay any payment gateway charges, which will be invoiced separately.
Client’s Responsibilities
- The Client must provide necessary documentation such as Aadhar, PAN, GST (if applicable), Certificate of Incorporation, Letter of Authorization, Trust Deed, or Partnership Agreement.
- The Client is responsible for ensuring accurate and timely submission of all such documentation. Any delay or non-submission may impact the timelines and deliverables.
Liability
- The Company is not liable for any data corruption, server malfunction, hacking incidents, local interruptions (including but not limited to power outages and network failures), acts of God, or security breaches, unless explicitly covered in a separate agreement.
- The Company provides reasonable assurance of data security and adheres to the Information Technology Act, 2000 for cybersecurity measures. However, in the event of third-party breaches or force majeure events, the Company bears no responsibility.
Ownership of Intellectual Property
All intellectual property, including but not limited to source code, designs, and technical documentation, developed by the Company remains its sole property unless otherwise agreed in writing. Any transfer of intellectual property rights will be subject to separate agreements.
Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the engagement. The Company will comply with the applicable provisions under the Indian Contract Act, 1872, with respect to confidentiality.
Data Usage and Promotion
The Client agrees to provide valid contact information (email, phone number) for business communication and authorizes the Company to use the Client’s information for communication and business promotion unless otherwise instructed in writing.
Training and Implementation
Any costs associated with training or implementation, unless explicitly covered in the order, will be billed separately and agreed upon before commencement of such services.
Dispute Resolution & Jurisdiction
Any disputes arising from this agreement shall be subject to arbitration under the Arbitration and Conciliation Act, 1996, with jurisdiction being in Madurai, Tamilnadu, India. The Client agrees to bear all legal costs in the event of a dispute.
Force Majeure
The Company shall not be held liable for delays or non-performance due to unforeseen events beyond its control, including but not limited to natural disasters, pandemics, strikes, government restrictions, or acts of terrorism.
Amendments
Any amendments to this terms shall be in published in this website; and the same can be viewed by client whenever needed.
Definitions
In these Terms, references to "Company" include BS Teknology Private Limited, its directors, advisors, employees, suppliers, auditors, and associates.