1. Definitions
- “Company”, “we”, “us”, “our” refers to ITBIZONE Technologies Pvt Ltd, a company incorporated under the laws of India.
- “Client”, “you”, “your” refers to the individual or entity accessing our website or engaging our services.
- “Services” refers to website development, UI/UX design, digital marketing, graphic design, social media management, e-commerce development, and any other services offered by ITBIZONE.
- “Website” refers to www.itbizone.com.
- “Deliverables” refers to any work product, including but not limited to designs, code, copy, graphics and documentation, produced by us under a service agreement.
2. Acceptance of Terms
By accessing or using our website and services, you acknowledge that you have read, understood and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please do not use our website or services.
3. Services
We provide digital services including, but not limited to, website development, UI/UX design, digital marketing, graphic design, social media management and e-commerce development.
The specific scope, timeline and pricing for each engagement will be set out in a separate proposal or service agreement (“SOW”). In case of conflict between these Terms and an SOW, the SOW will prevail for that engagement.
4. Quotations & Payments
a) Quotations
All quotations are valid for fifteen (15) calendar days from the date of issue unless otherwise stated. Prices are quoted in Indian Rupees (INR) and are exclusive of applicable taxes (GST).
b) Payment terms
- A non-refundable advance of 50% of the total project cost is required before work begins, unless otherwise agreed in writing.
- The remaining balance is payable upon project completion and before final deliverables are handed over.
- For retainer or subscription-based services, invoices are raised monthly in advance and payable within seven (7) days.
c) Late payments
Invoices overdue by more than fifteen (15) days may incur an interest charge of 1.5% per month. We reserve the right to suspend work until outstanding payments are settled.
5. Intellectual Property
a) Ownership
Upon full payment, all intellectual property rights in the deliverables produced specifically for your project are assigned to you. Pre-existing tools, frameworks, libraries and reusable code components remain our property or the property of their respective licensors.
b) Portfolio rights
We retain the right to display completed work in our portfolio, case studies and marketing materials, unless you have requested otherwise in writing prior to project commencement.
c) Open-source & third-party licences
Deliverables may incorporate open-source software and third-party assets. These components remain subject to their original licences, which we will disclose upon request.
6. Client Responsibilities
You agree to:
- Provide timely and accurate content, assets and feedback as reasonably required to execute the project.
- Designate a single point of contact authorised to approve deliverables and make decisions on your behalf.
- Review deliverables and provide feedback within five (5) business days of each review milestone. Delays in feedback may result in corresponding delays in the project timeline.
- Ensure that all content you provide does not infringe upon the intellectual property or other rights of third parties.
7. Revisions & Change Requests
Each engagement includes a defined number of revision rounds as specified in the SOW. Additional revisions or scope changes (“change requests”) will be quoted separately and billed at our prevailing rates.
8. Project Timelines
We will make reasonable efforts to meet agreed timelines. However, timelines are estimates and may be affected by factors beyond our control, including delayed feedback, incomplete content, scope changes or third-party dependencies. We will communicate any anticipated delays promptly.
9. Warranties & Disclaimers
a) Our warranty
We warrant that all services will be performed in a professional and workmanlike manner consistent with industry standards. For website development projects, we provide a thirty (30) day bug-fix warranty from the date of final delivery.
b) Disclaimer
Except as expressly stated above, all services and deliverables are provided “as is” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement.
We do not guarantee specific business results, search engine rankings, traffic volumes or conversion rates.
10. Limitation of Liability
To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or any engagement shall not exceed the total fees paid by you for the specific service giving rise to the claim.
In no event shall we be liable for any indirect, incidental, special, consequential or punitive damages, including lost profits, data loss or business interruption, whether based on warranty, contract, tort or any other legal theory.
11. Termination
a) By you
You may terminate an engagement by providing fifteen (15) days written notice. You shall be liable for payment for all work completed up to the date of termination. The advance payment is non-refundable.
b) By us
We may terminate an engagement if you breach these Terms, fail to make payments when due, or if continuation becomes impracticable. We will provide fifteen (15) days written notice where reasonably possible.
c) Effect of termination
Upon termination, we will deliver all completed work for which payment has been received. Sections relating to intellectual property, confidentiality, limitation of liability and governing law survive termination.
12. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive business information disclosed during the engagement. This obligation does not apply to information that is publicly available, independently developed, or disclosed under legal compulsion.
13. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses or expenses (including legal fees) arising from:
- Content or materials you provide that infringe third-party rights.
- Your use of the deliverables in a manner not authorised by us.
- Your breach of these Terms.
14. Force Majeure
Neither party shall be liable for delays or failures in performance resulting from events beyond reasonable control, including natural disasters, pandemics, government actions, power outages, internet disruptions or civil unrest.
15. Website Use
a) Acceptable use
You agree not to:
- Use the website in any way that violates applicable laws or regulations.
- Attempt to gain unauthorised access to any part of the website, server or database.
- Use automated tools to scrape, crawl or extract data from the website without our written permission.
- Transmit any harmful code, viruses or other malicious content.
b) Availability
We strive to keep the website available at all times but do not guarantee uninterrupted access. We may suspend or restrict access for maintenance, updates or security reasons without prior notice.
16. Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws of India. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka, India.
17. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
18. Amendments
We reserve the right to update these Terms at any time. Material changes will be posted on this page with a revised effective date. Your continued use of our website or services after such changes constitutes acceptance of the updated Terms.
19. Contact Us
If you have questions about these Terms, please contact us:
- Email: info@itbizone.com
- Phone: +91 9535111129
- Address: Sy. No 13/1, Site No. 21, 4th Floor, Narasappa Road, Near Metro Pillar 471, T. Dasarahalli, Bengaluru 560057