Terms and Conditions
1. Introduction
Welcome to BizBrolly! By accessing or using our website and services, you agree to comply with and be bound by these Terms and Conditions ("Terms"). These Terms govern your relationship with BizBrolly regarding our offerings, usage policies, and mutual obligations. If you do not agree with any part of these Terms, please do not use our services.
2. Services Offered
BizBrolly provides a range of services and products, including but not limited to:
- Custom Software Development
- Web Portal Development
- Mobile Application Development
- Software Testing Services
- DevOps Services
- Application Hosting, Maintenance and Support Services
- Digital Transformation and Business Consulting
- Data Science, AI and Blockchain Development Services
- Outsourced Staff Augmentation Services
- SAAS and SAAP Products
The specific scope of services, including project requirements, timelines, and costs, will be determined through mutual agreement with the client.
Disclaimer: While we strive to deliver high-quality products and services, BizBrolly does not guarantee the success, profitability, or performance of any software. These outcomes depend on various factors beyond our control, including market conditions and user acceptance.
3. Use License
BizBrolly grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our website and services for personal, non-commercial purposes in accordance with these Terms. Under this license, you may not:
- Modify or Copy the Materials: Altering or duplicating the content without prior written consent is prohibited.
- Commercial Use: Utilize the materials for any commercial purpose or public display without authorization.
- Reverse Engineering: Attempt to decompile, disassemble, or reverse engineer any software or code contained on our website.
- Removal of Notices: Eliminate any copyright, trademark, or other proprietary notations from the materials.
- Transfer or Mirror: Transfer the materials to another person or "mirror" them on any other server without explicit permission.
Termination of License: This license shall automatically terminate if you violate any of these restrictions and may be terminated by BizBrolly at any time without notice.
4. Intellectual Property Rights
All intellectual property rights in the materials and services provided by BizBrolly, including but not limited to software, source code, designs, graphics, logos, and content, are owned by BizBrolly or its licensors.
- Client Materials: Clients must ensure they have the necessary rights, licenses, or permissions for any materials they provide to BizBrolly for development purposes. BizBrolly is not liable for any infringement arising from the use of such materials.
- License to Clients: Upon full payment, BizBrolly grants the client a non-exclusive, non-transferable license to use the deliverables for their intended purpose as agreed upon in the project scope. This license does not grant the client ownership rights, and they may not modify, distribute, or sublicense the deliverables without prior written consent from BizBrolly.
- Third-Party Materials: Any third-party software, libraries, or resources used in the project are subject to their respective licenses, and clients agree to comply with those terms.
5. Confidentiality
Both BizBrolly and the client acknowledge that during the course of the project, they may have access to confidential and proprietary information of the other party.
- Definition of Confidential Information: Includes but is not limited to business strategies, financial data, technical information, client lists, and any other information designated as confidential.
- Obligations:
- Non-Disclosure: Both parties agree not to disclose or disseminate the confidential information to any third party without prior written consent.
- Use Limitation: Confidential information shall be used solely for the purpose of fulfilling obligations under the agreement.
- Protection Measures: Each party agrees to employ reasonable measures to protect the confidentiality of the information, similar to those used to protect their own confidential information.
- Exclusions: Confidential information does not include information that:
- Is publicly available or later becomes publicly available without breach of this agreement.
- Was known to the receiving party prior to disclosure.
- Is independently developed by the receiving party without use of the disclosing party's confidential information.
- Is required to be disclosed by law or governmental authority.
6. Payment Terms and Pricing
- Definition of Confidential Information: Includes but is not limited to business strategies, financial data, technical information, client lists, and any other information designated as confidential.
- Payment Schedule:
- Deposit: A non-refundable deposit may be required before commencement of work.
- Milestone Payments: Payments may be structured based on project milestones or a predefined schedule.
- Final Payment: The remaining balance is due upon project completion and prior to delivery of the final deliverables.
- Payment Methods: Acceptable payment methods will be specified in the invoice or agreement and may include bank transfers, credit cards, or other agreed-upon methods.
- Additional Charges: Acceptable payment methods will be specified in the invoice or agreement and may include bank transfers, credit cards, or other agreed-upon methods.
- Out-of-Scope Work: Any work requested by the client that is outside the agreed-upon scope will incur additional charges. A change order outlining the additional work and costs will be provided for client approval.
- Expenses: Any reasonable expenses incurred during the project (e.g., travel, accommodations) will be billed to the client with prior approval.
- Late Payments:
- Interest Charges: Late payments may be subject to interest charges at a rate specified in the agreement.
- Suspension of Services: BizBrolly reserves the right to suspend services in the event of non-payment.
7. Warranty and Limitation of Liability
- Limited Warranty:
- Warranty Period: BizBrolly provides a limited warranty for a period specified in the agreement, typically covering defects in workmanship and functionality.
- Warranty Coverage: The warranty covers issues directly related to the deliverables provided by BizBrolly under the agreement.
- Exclusions: The warranty does not cover problems resulting from:
- Third-party software or hardware.
- Modifications or alterations made by the client or unauthorized parties.
- Misuse, neglect, or improper operation by the client.
- Limitation of Liability:
- Maximum Liability: BizBrolly's total liability under this agreement shall not exceed the total amount paid by the client for the services rendered.
- Exclusion of Damages: In no event shall BizBrolly be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities.
- Force Majeure: BizBrolly shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, such as natural disasters, acts of war, or government actions.
- Disclaimer of Warranties: Except as expressly provided in this agreement, BizBrolly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
8. Termination of Agreement
- Termination for Cause:
- By Either Party: Either party may terminate the agreement if the other party breaches any material term and fails to cure the breach within [30] days after receiving written notice.
- Immediate Termination: BizBrolly may terminate the agreement immediately if the client becomes insolvent, declares bankruptcy, or engages in illegal activities.
- Termination for Convenience:
- By Client: The client may terminate the agreement for convenience by providing [30] days' written notice. In such cases, the client is responsible for payment of all work completed up to the termination date.
- By BizBrolly: BizBrolly may terminate the agreement for convenience under specific conditions outlined in the agreement.
- Effects of Termination:
- Payment Obligations: Upon termination, the client shall pay for all services rendered and expenses incurred up to the termination date.
- Return of Materials: Both parties agree to return or destroy any confidential information and materials belonging to the other party. li>Survival of Terms: Provisions related to intellectual property rights, confidentiality, limitation of liability, and governing law shall survive termination.
9. Amendments to the Terms
- Limited Warranty:
- Right to Amend: BizBrolly reserves the right to modify or update these Terms and Conditions at any time without prior notice.
- Notification of Changes:
- Posting Updates: Changes will be effective immediately upon posting the updated Terms on our website.
- Client Notification: For significant changes that may affect clients' rights or obligations, we may provide additional notice via email or through prominent notices on our website.
- Misuse, neglect, or improper operation by the client.
- Acceptance of Changes:
- Continued Use: Your continued use of our website or services after any modifications indicates your acceptance of the updated Terms.
- Review Responsibility: It is your responsibility to review the Terms periodically to stay informed of any changes.
- Limitation of Liability:
- Maximum Liability: BizBrolly's total liability under this agreement shall not exceed the total amount paid by the client for the services rendered.
- Exclusion of Damages: In no event shall BizBrolly be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities.
- Force Majeure: BizBrolly shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, such as natural disasters, acts of war, or government actions.
- Disclaimer of Warranties: Except as expressly provided in this agreement, BizBrolly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
10. Governing Law and Jurisdiction
- Applicable Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
- Jurisdiction:
- Exclusive Venue: Any disputes arising out of or relating to these Terms shall be resolved exclusively in the courts located in Noida, Uttar Pradesh, India.
- Consent to Jurisdiction: Both parties consent to the personal jurisdiction of these courts.
- Dispute Resolution: Prior to initiating legal action, the parties agree to attempt to resolve disputes through good-faith negotiations.
