1. Acceptance of Terms

By accessing this website or engaging SWIZOSOFT (OPC) PRIVATE LIMITED ("Company," "we," "us," or "our") for services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our services.

2. Definitions

  • "Client" refers to any individual or entity engaging our services
  • "Services" refers to all offerings including web development, app development, custom software, academic projects, and internships
  • "Project" refers to a specific engagement defined by scope, timeline, and deliverables
  • "Deliverables" refers to all outputs created as part of a project

3. Advance Payment Requirement

MANDATORY: 25% advance payment is required before commencement of any project.

This advance payment is non-refundable and serves as:

  • Commitment fee for project initiation
  • Coverage of initial planning and resource allocation
  • Confirmation of client's serious intent to proceed

4. Project Scope and Deliverables

4.1 Scope Definition

The project scope will be clearly defined in writing before work commences. This includes:

  • Detailed list of deliverables
  • Functional and technical specifications
  • Project timeline and milestones
  • Payment schedule
  • Acceptance criteria

4.2 Scope Changes

Any changes to project scope must be:

  • Requested in writing
  • Evaluated for impact on timeline and cost
  • Agreed upon by both parties
  • Documented as a change order with additional costs if applicable

5. Payment Terms

5.1 Payment Schedule

  • 25% advance payment before project start
  • Remaining payments as per agreed milestones
  • Final payment upon project completion and delivery

5.2 Late Payments

Late payments may result in:

  • Project suspension
  • Late payment fees
  • Termination of services

6. Project Timelines

Project timelines are estimates and may be affected by:

  • Client's timely provision of required materials and feedback
  • Scope changes requested by client
  • Technical complexities discovered during development
  • Force majeure events

We will communicate any timeline changes promptly and work to minimize delays.

7. Client Responsibilities

The client agrees to:

  • Provide accurate and complete information
  • Respond to communications within reasonable timeframes
  • Provide necessary materials, content, and access credentials
  • Review deliverables and provide timely feedback
  • Make payments as per agreed schedule
  • Comply with all applicable laws and regulations

8. Intellectual Property Rights

8.1 Ownership

Upon full payment:

  • Client owns the final deliverables
  • We retain rights to underlying code libraries and frameworks
  • We may use the project for portfolio purposes unless otherwise agreed

8.2 Pre-existing Materials

Any third-party components, open-source software, or licensed materials used in the project remain subject to their respective licenses.

9. Confidentiality

Both parties agree to maintain confidentiality of:

  • Proprietary business information
  • Technical specifications and trade secrets
  • Client data and user information
  • Financial arrangements

This obligation survives termination of the agreement.

10. Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability is limited to the amount paid for the specific service
  • We are not liable for indirect, consequential, or special damages
  • We are not liable for third-party services or products
  • We are not liable for loss of data, revenue, or business opportunity

11. Warranty and Disclaimer

11.1 Warranty Period

We provide a 30-day warranty period from delivery for bug fixes and minor issues covered by the original scope.

11.2 Disclaimer

Services are provided "as is" without warranties of merchantability or fitness for a particular purpose beyond those explicitly stated.

12. Termination

12.1 Termination by Client

Client may terminate with written notice. No refunds will be issued for payments made.

12.2 Termination by Company

We may terminate if client:

  • Breaches these terms
  • Fails to make payments
  • Engages in illegal or unethical conduct
  • Fails to communicate or cooperate

13. Governing Law and Jurisdiction

These terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of courts in Uttara Kannada, Karnataka, India.

14. Dispute Resolution

Any disputes will be resolved through:

  • Good faith negotiations between parties
  • Mediation if negotiations fail
  • Arbitration as per Indian Arbitration and Conciliation Act, 1996
  • Litigation only as a last resort

15. Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control including natural disasters, war, terrorism, pandemics, government actions, or internet infrastructure failures.

16. Entire Agreement

These Terms and Conditions, together with any project-specific agreements, constitute the entire agreement between parties and supersede all prior communications.

17. Severability

If any provision of these terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Amendments

We reserve the right to modify these terms. Changes will be posted on this page with an updated effective date. Continued use constitutes acceptance.

19. Contact Information

For questions regarding these Terms and Conditions:

SWIZOSOFT (OPC) PRIVATE LIMITED

Angadibail, Achave, Ankola

Uttara Kannada - 581344, Karnataka, India

Email: swizosoftopcprivatelimited@gmail.com

Phone: +91 8431983441

Last Updated: April 12, 2025