Terms of Service
Last Updated: November 24, 2024
These Terms of Service govern your use of StartupSphare' website and services. Please read them carefully before engaging our services.
Important: By using our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services. These terms constitute a legally binding agreement between you and StartupSphare.
1. Acceptance of Terms
By accessing or using StartupSphare' website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services. We reserve the right to modify these terms at any time, and your continued use constitutes acceptance of any changes.
2. Services Description
2.1 Services Offered
StartupSphare provides web development, mobile app development, desktop application development, UI/UX design, and related digital services. All services are subject to availability and our acceptance of your project.
2.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We are not liable for any modification, suspension, or discontinuation of services.
3. Client Obligations
3.1 Accurate Information
You agree to provide accurate, complete, and up-to-date information when engaging our services. You are responsible for maintaining the confidentiality of your account credentials.
3.2 Content Provision
You are responsible for providing all content, materials, and information required for your project in a timely manner. Delays in content provision may affect project timelines.
3.3 Feedback and Approvals
You agree to provide timely feedback and approvals as requested during the project. Delays in feedback may result in project timeline extensions.
4. Payment Terms
4.1 Pricing
All prices are listed in Indian Rupees (INR) unless otherwise specified. Prices are subject to change without notice, but any changes will not affect projects already under contract.
4.2 Payment Schedule
Payment terms are typically structured as milestone-based payments: 40% upfront, 30% at midpoint, and 30% upon completion. Custom payment plans may be negotiated for larger projects.
4.3 Late Payments
Late payments may result in project suspension and may incur a late fee of 2% per month on the outstanding balance. We reserve the right to suspend or terminate services for non-payment.
4.4 Refund Policy
Refunds are handled on a case-by-case basis. Initial deposits are non-refundable once work has commenced. For projects terminated mid-way, refunds will be calculated based on work completed minus a 20% administrative fee.
5. Intellectual Property Rights
5.1 Client Ownership
Upon full payment, you will own all rights to the final deliverables created specifically for your project, including custom code, designs, and content.
5.2 Third-Party Components
Projects may incorporate third-party libraries, frameworks, and components subject to their respective licenses. These components remain the property of their respective owners.
5.3 Portfolio Rights
We reserve the right to display completed projects in our portfolio and marketing materials unless explicitly agreed otherwise in writing.
5.4 Pre-existing IP
Any pre-existing intellectual property, methodologies, or tools used in delivering services remain our property.
6. Confidentiality
6.1 Non-Disclosure
We agree to keep confidential any proprietary or sensitive information shared during the course of the project. We will not disclose such information to third parties without your consent.
6.2 NDA Agreements
For projects requiring additional confidentiality, we are willing to sign mutually agreeable Non-Disclosure Agreements (NDAs).
7. Project Timeline and Delivery
7.1 Estimated Timelines
All project timelines are estimates based on the scope defined at project initiation. Timelines may be affected by scope changes, delays in content provision, or unforeseen technical challenges.
7.2 Scope Changes
Changes to project scope may result in timeline extensions and additional costs. All scope changes must be agreed upon in writing.
7.3 Force Majeure
We are not liable for delays caused by circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, or technical failures.
8. Warranties and Disclaimers
8.1 Service Warranty
We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. We provide a 30-day warranty period for bug fixes after project completion.
8.2 Disclaimer of Warranties
Except as expressly stated, services are provided "as is" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.
8.3 Third-Party Services
We are not responsible for the performance, reliability, or availability of third-party services, platforms, or APIs integrated into your project.
9. Limitation of Liability
To the maximum extent permitted by law, StartupSphare shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) your use or inability to use our services; (b) any unauthorized access to or use of our servers; (c) any interruption or cessation of transmission; (d) any bugs, viruses, or the like that may be transmitted through our services by any third party. Our total liability shall not exceed the amount paid by you for the specific service giving rise to the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless StartupSphare and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney fees and costs, arising out of or in any way connected with: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) any content you provide to us.
11. Termination
11.1 Termination by Client
You may terminate services at any time by providing written notice. You will be responsible for payment for all work completed up to the termination date plus a 20% administrative fee.
11.2 Termination by StartupSphare
We may terminate services immediately if: (a) you breach these Terms; (b) payment is not received as per agreed schedule; (c) you engage in behavior that is harmful or detrimental to our business.
11.3 Effect of Termination
Upon termination, you must pay all outstanding fees. We will provide work completed up to the termination date upon receipt of full payment.
12. Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, specifically the laws applicable in Uttar Pradesh.
12.2 Jurisdiction
Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts in Lucknow, Uttar Pradesh, India.
12.3 Mediation
Before initiating legal proceedings, parties agree to attempt to resolve disputes through good-faith mediation.
13. Miscellaneous
13.1 Entire Agreement
These Terms, together with any signed project agreements, constitute the entire agreement between you and StartupSphare.
13.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.3 Waiver
No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
13.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
14. Contact Information
For questions about these Terms of Service, please contact us at: StartupSphare, Email: contact@startupsphare.com, Phone: +91 98765 43210, Address: Lucknow, Uttar Pradesh, India
Agreement to Terms
By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These terms apply to all users of our services, including without limitation browsers, clients, and contributors of content.
For questions regarding these terms, please contact us atcontact@startupsphare.com
Quick Reference
Payment Terms
Milestone-based: 40% upfront, 30% midpoint, 30% completion
Warranty Period
30 days for bug fixes after project completion
Refund Policy
Case-by-case basis, deposits non-refundable after work starts
IP Ownership
You own custom deliverables upon full payment