Terms and Conditions
This Terms and Conditions document constitutes a legally binding agreement between Wiznsoft Tech and Services Private Limited (“Company”, “we”, “our”, or “us”) and any individual, business entity, or organization (“Client”, “you”, or “your”) accessing, engaging, or using our services. By accessing our website, signing a proposal, approving a quotation, remitting payment, or otherwise engaging our services, you acknowledge that you have read, understood, and agreed to be legally bound by these terms in full.
- The Company provides digital services including but not limited to website development, eCommerce development, web application development, mobile application development, CRM development and management, digital marketing and growth strategy, graphic designing, video editing, branding and identity strategy, business consulting, recruitment support, operational setup, launch assistance, and related technical or strategic advisory services. All services are provided strictly in accordance with mutually agreed proposals, quotations, contracts, or written communication. Any additional work outside the agreed scope shall require written approval and may incur additional charges.
- All proposals, quotations, timelines, deliverables, and cost estimates are valid only for the period stated and are subject to revision if not formally accepted. The Company reserves the right to refuse or discontinue services at its discretion if the Client breaches these terms, fails to provide required information, delays approvals, or engages in conduct that is unlawful, abusive, defamatory, or harmful to the Company’s operations or reputation.
- The Client warrants that all materials, content, trademarks, logos, and information provided to the Company are lawful and do not infringe the rights of any third party. The Client shall indemnify and hold harmless the Company against any claims, damages, losses, legal costs, or liabilities arising from materials or instructions provided by the Client.
- All intellectual property created by the Company, including but not limited to source code, designs, documentation, marketing materials, strategies, and technical frameworks, shall remain the property of the Company until full and final payment is received. Upon full payment, ownership of specifically agreed deliverables shall transfer to the Client, excluding any pre-existing tools, proprietary frameworks, third-party components, licensed assets, or reusable modules developed by the Company. The Company retains the right to use completed work for portfolio, marketing, and promotional purposes unless otherwise agreed in writing.
- All payments made to the Company are non-refundable. Once a project is initiated, resources are allocated, or work has commenced, no refunds shall be issued under any circumstances, including but not limited to project cancellation, change of business strategy, dissatisfaction based on subjective preference, delay caused by the Client, or force majeure events. In the event of cancellation by the Client, all outstanding dues for completed milestones or allocated resources become immediately payable. Subscription-based or recurring services may be canceled with prior written notice, but fees already paid for the active billing period remain non-refundable.
- The Company does not guarantee specific financial results, revenue growth, search engine rankings, user acquisition levels, or business performance outcomes. Any projections, forecasts, or performance estimates shared during discussions are indicative only and do not constitute guarantees. The Client acknowledges that business outcomes depend on multiple external factors beyond the Company’s control.
- Timelines provided are estimates based on timely cooperation and approvals from the Client. Delays in providing content, feedback, approvals, access credentials, or required information may result in revised delivery schedules without liability to the Company. The Company shall not be held responsible for delays caused by third-party vendors, hosting providers, payment gateways, government authorities, internet disruptions, or events beyond reasonable control.
- To the maximum extent permitted by applicable law, the Company’s total liability under any claim, whether in contract, tort, negligence, strict liability, or otherwise, shall not exceed the total fees paid by the Client for the specific service giving rise to the claim. Under no circumstances shall the Company be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, business interruption, reputational harm, or opportunity costs.
- Both parties agree to maintain strict confidentiality regarding proprietary information, trade secrets, business strategies, technical data, and sensitive materials disclosed during the course of engagement. This obligation survives termination of services. Confidential information shall not include information already in the public domain, independently developed without reference to confidential materials, or required to be disclosed by law.
- The Client agrees not to directly or indirectly solicit, hire, contract, or engage any employee, consultant, or contractor of the Company during the term of engagement and for a period of twelve months following its termination without prior written consent. In the event of breach, the Client agrees to compensate the Company with a fee equivalent to twelve months of the individual’s total compensation.
- Any disputes arising out of or relating to this agreement, including its interpretation, validity, performance, or termination, shall first be attempted to be resolved amicably through good-faith negotiation. If unresolved, the dispute shall be referred to binding arbitration conducted in English under internationally recognized arbitration rules. The seat of arbitration shall be determined by the Company unless otherwise mutually agreed in writing. The arbitral award shall be final and binding on both parties and may be enforced in any court of competent jurisdiction. The parties expressly waive any right to participate in class actions or collective proceedings. For international clients including those from the United Kingdom, United States, United Arab Emirates, Sri Lanka, Australia, Malaysia, Singapore, and Japan, arbitration shall remain the exclusive dispute resolution mechanism unless prohibited by mandatory local law.
- This agreement shall be governed by and construed in accordance with the applicable laws chosen by the Company in the governing contract or proposal, without regard to conflict-of-law principles. If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
The Company reserves the right to amend, update, or modify these terms at any time. Updated terms shall become effective upon publication on the Company’s website or upon written communication to the Client. Continued use of services after such updates constitutes acceptance of the revised terms.
By engaging the Company’s services, making payment, signing a proposal, or continuing to use deliverables provided, the Client confirms full acceptance of these Terms and Conditions and acknowledges that they have had the opportunity to seek independent legal advice prior to entering into this agreement.