1. Acceptance of these terms
These Terms of Service ("Terms") govern your access to and use of karvitechsoftwaresolutions.com (the "Website") and any services, deliverables, or proposals provided by Karvitech Software Solutions Pvt Ltd ("Karvitech", "we", "us") — including software development, web and mobile development, IT outsourcing, cloud setup, SEO, IoT, stand-alone applications, and related work (collectively, the "Services").
By using the Website or engaging us for any Service, you agree to be bound by these Terms. If you are accepting on behalf of an organisation, you confirm that you have the authority to bind that organisation.
2. Our services
Karvitech provides custom software and IT services on a project, milestone, or retainer basis. The specific scope, deliverables, timeline, acceptance criteria, and price for any engagement are set out in a separate written proposal, statement of work, or order form ("Engagement Document") signed by both parties.
In case of any conflict between these Terms and an Engagement Document, the Engagement Document controls for that specific engagement.
3. Use of the Website
You agree to use the Website lawfully and in good faith. You will not:
- Attempt to interfere with, disrupt, or compromise the security or integrity of the Website.
- Reverse engineer, scrape, or use automated tools to extract content except as permitted by robots.txt and applicable law.
- Use the Website to transmit malware, spam, or anything that infringes the rights of others.
- Misrepresent your identity or affiliation when contacting us.
4. Quotes, fees, and payment
Quotes and proposals are valid for thirty (30) days from the date of issue unless stated otherwise. All fees are in Indian Rupees (INR) unless agreed otherwise in the Engagement Document, and are exclusive of GST and other applicable taxes, which will be charged in addition where required by law.
Unless otherwise agreed, invoices are payable within fifteen (15) days of issue. We may suspend or stop work on overdue accounts after reasonable written notice. Late payments may accrue interest at the lower of 1.5% per month or the maximum rate permitted by law.
5. Scope, changes, and acceptance
We work to the scope set out in the Engagement Document. Changes to scope, timeline, or deliverables are handled through a written change request, which may affect the price and schedule.
Deliverables are deemed accepted once they meet the acceptance criteria in the Engagement Document, or, if no criteria are specified, after seven (7) days of delivery without written objection.
6. Intellectual property
On full payment of all undisputed fees for an engagement, we assign to you all right, title, and interest in the custom deliverables created specifically for you under that engagement, subject to the carve-outs below.
We retain ownership of our pre-existing tools, libraries, frameworks, internal know-how, and any general-purpose components developed independently of your engagement. To the extent these are embedded in your deliverables, we grant you a perpetual, worldwide, royalty-free, non-exclusive licence to use them as part of the deliverables.
Open-source components are licensed to you under their respective licences (not by us). We will identify material open-source dependencies on request.
Until full payment, all deliverables remain our property and may not be used, copied, or deployed to production.
7. Confidentiality
Each party agrees to keep the other party's non-public business, technical, financial, and customer information confidential and use it only for the purpose of performing the Services. This obligation survives termination of the engagement for a period of three (3) years.
Confidentiality does not apply to information that is publicly available, independently developed without reference to the disclosing party's information, or required to be disclosed by law (with prompt notice to the disclosing party where legally permitted).
8. Warranties and disclaimers
We warrant that the Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR AN ENGAGEMENT DOCUMENT, THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the Website or any Service will be uninterrupted, error-free, or that any defect will be corrected.
9. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES.
Our aggregate liability under any engagement will not exceed the total fees actually paid by you to Karvitech for the Services giving rise to the claim, in the three (3) months immediately preceding the event giving rise to the claim.
Nothing in these Terms limits liability for fraud, gross negligence, wilful misconduct, or anything that cannot be limited by applicable law.
10. Third-party services
Our Services often involve third-party platforms (cloud providers, payment gateways, analytics, source-control hosts, integrations). These services are governed by their own terms and pricing, which you are responsible for accepting and complying with. We are not liable for outages, defects, or changes in third-party services outside our reasonable control.
11. Termination
Either party may terminate an engagement for material breach if the other party fails to cure the breach within fifteen (15) days of written notice. Either party may also terminate for convenience as set out in the relevant Engagement Document.
On termination, you will pay for all Services performed and reimbursable costs incurred up to the effective date of termination. Sections relating to ownership, confidentiality, warranties, liability, indemnity, and dispute resolution survive termination.
12. Indemnity
You agree to indemnify and hold Karvitech harmless from any third-party claims, losses, or expenses (including reasonable legal fees) arising from (a) your misuse of the Website or Services, (b) content, data, or materials you provide to us, or (c) your breach of these Terms or applicable law.
13. Governing law and disputes
These Terms are governed by the laws of India, without regard to its conflict-of-laws principles. Courts in Nellore, Andhra Pradesh will have exclusive jurisdiction over any disputes arising out of or in connection with these Terms or the Services, subject to each party's right to seek injunctive or equitable relief in any competent court.
14. Changes to these Terms
We may update these Terms from time to time. The current version is always posted on this page with its "Effective date". If we make material changes, we will provide reasonable advance notice. Your continued use of the Website or Services after a change takes effect constitutes acceptance of the revised Terms.
15. Miscellaneous
These Terms, together with any Engagement Document, form the entire agreement between you and Karvitech and supersede any prior agreements on the same subject. If any provision is held unenforceable, the rest will remain in full force and effect. A failure to enforce any right is not a waiver of that right. Neither party may assign these Terms without the other's consent, except to a successor of substantially all of its business or assets.
16. Contact us
Questions about these Terms, an Engagement Document, or anything in between — please get in touch:
Karvitech Software Solutions Pvt Ltd