Terms and Conditions
These terms and conditions (“Terms”) govern the use of services provided by Thinksmiths Software Services Private Limited, a software services and IT solutions company that also provides digital marketing and Google Search solutions (“Agency”). By engaging with our services, you agree to comply with these Terms. Please read them carefully.
1. Services Offered
a. Software & IT Services: The Agency provides software services and IT solutions, including but not limited to website development, mobile application development, custom software design, development and customization, AI solutions, and cloud & managed hosting.
b. Digital Marketing & Search Services: The Agency also offers digital marketing and search services, including search engine optimization (SEO), pay-per-click advertising (PPC), social media marketing, content marketing, email marketing, and analytics.
2. Client Obligations
a. Information & Cooperation: Clients must provide accurate and timely information necessary for the delivery of services. Additionally, clients are expected to cooperate with the Agency and promptly respond to requests for feedback and approval.
b. Intellectual Property: Clients must ensure they have the right to use any intellectual property provided to the Agency for marketing campaigns or software development projects.
3. Payment Terms
a. Fees: Clients are responsible for paying all fees associated with the services provided by the Agency. Fees will be outlined in the project proposal or service agreement.
b. Invoicing & Payment: Invoices will be issued according to the agreed-upon payment schedule. Unless otherwise specified, payment is due within 7 days of the invoice date.
c. Late Payments: Late payments may incur interest at a rate mentioned under the MSME guidelines.
4. Intellectual Property Rights
a. Ownership: Unless otherwise agreed upon in writing, all intellectual property rights related to the services provided by the Agency, including but not limited to creative materials, software code, and designs, shall remain the property of the Agency.
b. License: Upon full payment of fees, clients are granted a non-exclusive, non-transferable license to use the deliverables provided by the Agency for the intended purpose outlined in the project scope.
5. Confidentiality
a. Confidential Information: Both parties agree to keep any proprietary or sensitive information shared during the course of the engagement confidential.
6. Limitation of Liability
a. Exclusion: The Agency shall not be liable for any indirect, incidental, special, or consequential damages arising from or related to the services provided.
b. Maximum Liability: The total liability of the Agency, whether in contract, warranty, tort (including negligence), or otherwise, shall not exceed the total fees paid by the client for the services rendered.
7. Termination
a. Termination: Either party may terminate the engagement with 15 days’ written notice.
8. Governing Law and Dispute Resolution
a. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the applicable jurisdiction.
b. Dispute Resolution: Any disputes arising from or related to these Terms shall be resolved through arbitration.
9. Amendments
a. Amendments: The Agency may amend or modify these Terms at any time. Clients will be notified of any changes to these Terms.
10. Entire Agreement
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings, whether written or oral.