Terms and Conditions
Company: Provensoft Technology OPC Pvt Ltd
Jurisdiction: Mumbai, Maharashtra, India
These Terms and Conditions (“Terms”) govern the use of the website and services provided by Provensoft Technology OPC Pvt Ltd (“Company”, “we”, “us”, or “our”). By accessing, purchasing, or using our services, the client (“Client”, “you”, or “your”) acknowledges that they have read, understood, and agreed to be bound by these Terms.
1. Project Estimates and Financials
1.1 Quotation Variability
All quotations, estimates, and timelines provided by the Company are based on the information, requirements, features, and technical specifications available at the time of quotation. The final project cost may increase or decrease depending on additional features, changes in requirements, actual time consumed, technical complexities, third-party dependencies, or other circumstances identified during project execution.
1.2 Milestone Payments and Refunds
Where a project is divided into milestones, the Client is responsible for reviewing and confirming the work completed under each milestone before making payment for the subsequent milestone.
Once payment for a subsequent milestone has been made, or work on such subsequent milestone has commenced at the Client’s request or with the Client’s approval, the preceding milestone shall be deemed accepted, subject to the applicable bug-support and warranty provisions contained in these Terms.
Except where otherwise expressly agreed in writing or required by applicable law, payments made for completed, accepted, or commenced work are non-refundable, non-transferable, and non-reversible.
1.3 Additional Revisions and Out-of-Scope Work
Any revision, modification, feature, integration, design change, technical requirement, or other work that falls outside the originally agreed scope shall be treated as additional work and may incur additional charges based on the time, resources, and technical complexity involved.
A minimum charge of ₹1,000 may apply to any additional work session or separately requested work.
1.4 Invoicing and Project Timeline
Invoices and quotations shall reflect the agreed pricing, features, scope, and workflow discussed between the Company and the Client.
Unless otherwise agreed in writing, project timelines shall be calculated from the date on which the Company actually commences work on the project and shall be subject to timely receipt of required information, content, approvals, credentials, assets, and payments from the Client.
1.5 Payment Defaults
If the Client fails to make any payment by the applicable due date, the Company reserves the right to suspend or pause development, support, access, delivery, or other services until outstanding amounts are paid.
Any resulting delay in the project timeline shall not be considered a delay attributable to the Company.
2. Third-Party Services and Costs
2.1 API and Third-Party Service Costs
Any charges associated with third-party services, platforms, APIs, hosting, cloud services, SMS gateways, payment gateways, Google Maps API, Google Cloud, Apple services, Google services, domain services, or similar third-party products or services shall be borne by the Client unless expressly included in the agreed quotation.
The Company shall not be responsible for increases, suspension, termination, usage charges, policy changes, or other costs imposed by third-party service providers.
2.2 Resource Usage
Where the Company provides shared, temporary, trial, or limited third-party resources for development or testing purposes, such resources are provided solely for convenience and may be subject to usage limits or expiry.
After the applicable free or trial period expires, the Client shall be responsible for providing and maintaining the required accounts, subscriptions, licenses, API keys, or other credentials.
2.3 App Marketplaces and Platform Policies
The Company shall not be responsible for rejection, suspension, removal, policy changes, account restrictions, or other actions taken by Google Play Store, Apple App Store, or any other third-party platform.
Where additional development, modification, compliance work, or republishing is required due to changes in third-party platform policies or requirements after delivery, such work may be treated as additional billable work.
3. Readymade, Demo, and Sample-Based Work
3.1 Demo and Reference Materials
Demos, previews, reference applications, websites, screenshots, videos, or sample systems are provided primarily to demonstrate functionality, workflow, and general appearance.
Unless expressly included in the quotation, additional configurations, customizations, integrations, or third-party services are not automatically included.
3.2 Feature Alignment
For readymade, template-based, or demo-based projects, the scope shall generally be limited to the features and functionality included in the applicable demo or quotation.
Any additional functionality or customization requested by the Client shall be subject to Company approval, technical feasibility, additional cost, and revised timelines.
3.3 Proposal and Clerical Errors
The Client is responsible for reviewing the quotation, proposal, demo, features, pricing, and scope before making payment or commencing the project.
If a proposal contains an inadvertent clerical, typographical, or formatting error, the Company may correct such error where it does not reflect the functionality, scope, or pricing actually agreed upon between the parties.
4. Project Execution, Acceptance
4.1 Administrative Control and Access
The Company may retain administrative control over project accounts, hosting, domains, source code repositories, servers, or other project resources during development and until the applicable project or milestone has been completed, accepted, and paid for.
Upon full completion and receipt of all outstanding payments, the Company shall provide the Client with the applicable access, credentials, files, or training/instructional material as agreed under the project scope.
4.2 Outsourcing and Subcontracting
The Company may engage employees, contractors, freelancers, or third-party service providers to perform specific portions of the project where reasonably required to maintain quality, efficiency, technical capability, or delivery standards.
4.3 Project Delays
The Company shall not be responsible for delays caused by circumstances beyond its reasonable control, including but not limited to delayed Client approvals, delayed content or assets, non-payment, third-party service interruptions, platform updates, technical failures of third-party services, employee unavailability, force majeure events, or changes to external platforms such as WordPress, Google, Apple, Meta, or other service providers.
The Company shall make reasonable efforts to notify the Client of material delays where practicable.
4.4 Infrastructure and Performance Changes
The Company reserves the right to change or migrate hosting providers, servers, cPanel environments, infrastructure, software configurations, or related technical resources where reasonably necessary to improve performance, security, reliability, compatibility, or service quality.
4.5 Bug Support and Limited Warranty Period
The Company shall provide bug-fixing and technical support for a period of three (3) months from the date of completion and acceptance of each applicable milestone.
For projects delivered as a single final deliverable rather than through separate milestones, the three (3) month period shall commence from the date of final delivery and acceptance of the completed project.
During the applicable three-month support period, the Company shall, at no additional charge, rectify genuine bugs, defects, or errors that:
- are directly attributable to the original agreed scope of work;
- cause the delivered functionality to materially deviate from the agreed requirements; and
- are reproducible and reported by the Client within the applicable support period.
This bug-support obligation does not include:
- new features or functionality;
- changes to previously approved requirements;
- design or content changes requested after approval;
- modifications made by the Client or any third party;
- issues caused by unauthorized changes to the source code, server, hosting, database, APIs, plugins, or configurations;
- failures or changes in third-party services, APIs, hosting providers, operating systems, app marketplaces, browsers, or other external platforms;
- issues caused by misuse, negligence, unauthorized access, or improper operation;
- security incidents or vulnerabilities arising from third-party systems outside the Company’s reasonable control; or
- any work that falls outside the original agreed scope.
Any such additional work may be quoted and charged separately.
The three-month bug-support period is a limited support/warranty period for defects in the agreed deliverables and does not constitute an ongoing maintenance or service-level agreement (SLA) unless separately agreed in writing.
4.6 Acceptance of Deliverables
The Client shall review milestone deliverables or the final project within a reasonable period after delivery and communicate any material defects or discrepancies against the agreed scope.
Where the Client approves the deliverable, makes payment for the subsequent milestone, uses the delivered system in production, or otherwise confirms acceptance, the applicable milestone or deliverable shall be deemed accepted, subject to the limited bug-support provisions stated above.
5. Intellectual Property and Data
5.1 Company Intellectual Property
Unless expressly transferred to the Client in writing, all proprietary materials, pre-existing source code, frameworks, libraries, templates, tools, methodologies, processes, know-how, designs, documentation, and intellectual property owned or licensed by the Company shall remain the property of the Company or its respective licensors.
5.2 Project-Specific Materials
Subject to full payment of all applicable project fees, ownership or usage rights in specifically commissioned deliverables shall be governed by the applicable quotation, proposal, agreement, or written confirmation between the Company and the Client.
No transfer of rights shall be deemed effective until all outstanding amounts relating to the applicable work have been paid in full.
5.3 Client Documents and Registration
The Client is solely responsible for the accuracy, authenticity, legality, and validity of documents, information, credentials, and materials supplied for registrations or applications, including payment gateways, business registrations, app-store accounts, government portals, and third-party services.
Where the Company temporarily receives sensitive documents solely for completing a specified task, the Company may delete or return such documents after completion, subject to applicable legal, accounting, or record-retention requirements.
6. Communication and Conduct
6.1 Professional Conduct
The Client shall communicate with the Company and its employees, contractors, and representatives in a professional and respectful manner.
Abusive, threatening, discriminatory, defamatory, harassing, or otherwise inappropriate conduct may result in suspension or termination of services. Where services are terminated due to serious misconduct or breach of these Terms, refunds shall not be provided for work already completed or commenced, subject to applicable law.
6.2 Authorized Communication
The Company shall ordinarily communicate with the designated Client, purchaser, or authorized representative associated with the project.
Communication or instructions from third parties may be disregarded unless the Client has provided appropriate authorization to the Company.
6.3 Corrections and Project Communication
Project-related corrections, approvals, instructions, and updates may be communicated through email, WhatsApp, or other agreed communication channels.
The Company aims to respond to project-related communications within approximately 24 business hours, although response times may vary depending on workload, technical complexity, holidays, and the nature of the request.
7. Professional Standards and Working Practices
7.1 Working Hours
The Company’s standard working hours are:
Monday to Friday: 10:00 AM to 8:00 PM IST
excluding public holidays and other declared non-working days.
7.2 Development Tools and Technology
To maintain efficiency and affordability, the Company may use readymade source code, licensed frameworks, templates, libraries, open-source components, third-party tools, APIs, and other development resources where appropriate.
Unless otherwise expressly agreed, mobile applications may be developed using web-view, hybrid, source-code-based, or other suitable technologies depending on project requirements.
7.3 Proposal Validity
Quotations, proposals, estimates, and offers are valid only for the period stated in the applicable quotation or proposal.
Where no validity period is specified, the Company reserves the right to withdraw, revise, or update an offer before formal acceptance and payment.
10. Project Term and Renewal
10.1. The project/service period shall commence from the date on which the Company starts the agreed work, unless another commencement date is expressly agreed in writing.
10.2. The applicable project, hosting, maintenance, support, or renewal period shall be calculated from the agreed commencement date and shall continue for the period specified in the quotation, first payment date, invoice, proposal, or agreement.
10.3. Upon expiry of the agreed service period, any continuation of hosting, maintenance, support, development, or other services shall be subject to renewal and payment of applicable charges.
10.4. Renewal charges may differ from the original project or service charges depending on, among other things:
- The original project value and scope;
- Current hosting/server infrastructure and costs;
- Storage and resource usage;
- Required technical maintenance;
- Software, framework, operating-system, or third-party dependency changes;
- Security and compatibility requirements;
- The complexity and time required for migration or transfer; and
- Any additional work requested by the Client.
10.5. Renewal of hosting or maintenance does not automatically include new development, modifications, redesign, feature additions, upgrades, integrations, or other changes to the project. Such work shall be separately quoted and charged unless expressly included in the renewal agreement.
10.6. If the Client does not renew the applicable service after its expiry date, the Company may suspend hosting, maintenance, support, and other services associated with the project, subject to applicable law and the terms of the parties’ agreement.
10.7. After expiry of the applicable service period, the Company shall not be responsible for ongoing maintenance, security monitoring, updates, compatibility, backups, hosting availability, or preservation of Client data except to the extent expressly agreed in writing or required by applicable law.
10.8. The Client is responsible for arranging renewal or migration before the expiry of the service period. The Company recommends that the Client initiate any required migration or renewal sufficiently before the expiry date.
11. Backup and Data Responsibility
11.1. Where the Client chooses to use hosting infrastructure provided or managed by the Company, the Client acknowledges that maintaining an independent backup of its website, application, database, files, and other important data is the Client’s responsibility.
11.2. Where technically available, the Company may provide the Client with appropriate access credentials, and client must be ask for login for this including File Manager or other relevant hosting access, so that the Client can maintain or obtain its own backups.
11.3. The Client is strongly advised to maintain regular and independent backups, including copies stored outside the Company’s hosting environment.
11.4. The Company may maintain server-level, system-level, or operational backups as part of its hosting infrastructure; however, such backups shall not be treated as a guarantee that every Client file, database, configuration, or historical version can be restored in every circumstance.
11.5. The Company shall not be responsible for loss, corruption, deletion, or unavailability of Client data to the extent caused by the Client, the Client’s authorised users, third-party developers, unauthorised modifications, expired services, or circumstances outside the Company’s reasonable control, subject to applicable law.
11.6. The Client may choose to provide its own hosting/server environment. Where the Client provides suitable hosting within three (3) months from the date on which work commenced, the Company shall, subject to the agreed project scope and technical compatibility, transfer or migrate the applicable website/application files and data to the Client’s hosting at no additional migration charge.
11.7. Any migration requested after the above period, or migration involving substantial additional technical work, third-party restrictions, incompatible infrastructure, unusually large data volumes, or other exceptional circumstances, may be subject to additional charges agreed in advance.
12. File Manager and Technical Access
12.1. Where the Company provides the Client with File Manager, FTP/SFTP, cPanel, server, database, source-code, or other technical access, the Client is responsible for the use of such access by the Client and by any person authorised by the Client.
12.2. If the Client, the Client’s employee, contractor, developer, consultant, agency, or any other third party acting on behalf of the Client makes changes to files, source code, configuration, databases, server settings, permissions, plugins, libraries, frameworks, or other technical components, the Company shall not be responsible for errors, malfunction, security issues, downtime, data loss, or other problems resulting from those changes.
12.3. Any remedial work required as a result of Client-side or third-party modifications may be treated as additional billable work.
12.4. The Client is responsible for keeping all credentials confidential and for immediately notifying the Company if the Client believes that any credential has been compromised.
13. Admin Panel and Client-Generated Changes
13.1. Where an Admin Panel, dashboard, CMS, application management system, or similar administrative interface is provided, the Client is responsible for actions performed through such interface by the Client or by any person authorised by the Client.
13.2. If the Client or an authorised user deletes data, changes settings, modifies configurations, removes files, changes permissions, alters database records, or otherwise modifies the system through the Admin Panel, the Client shall be responsible for any resulting error, malfunction, data loss, deletion, downtime, or security issue, to the extent permitted by applicable law.
13.3. The Company may provide reasonable technical assistance in attempting to restore or correct such issues; however, such assistance may be chargeable where the issue was caused by the Client or a third party acting on the Client’s behalf.
13.4. The Client is responsible for ensuring that appropriate administrative access controls are maintained and that only authorised persons are provided with Admin Panel access.
14. Shared Hosting and Server Resources
14.1. Where the Client uses hosting infrastructure provided by the Company, the Client acknowledges that the server or hosting environment may be a shared infrastructure containing websites, applications, domains, databases, files, and other resources belonging to multiple clients.
14.2. The Company will use reasonable measures to manage the hosting environment; however, the performance or availability of a shared hosting environment may be affected by excessive resource consumption, security incidents, technical failures, traffic spikes, abuse, or other activities occurring within the hosting infrastructure.
14.3. The Client acknowledges that shared hosting is not equivalent to a dedicated server or dedicated infrastructure.
14.4. If the Client’s website/application requires higher storage, processing power, bandwidth, database resources, security controls, isolation, or other infrastructure requirements, the Company may recommend migration to dedicated, VPS, cloud, or other suitable hosting infrastructure.
14.5. The Client may provide its own suitable hosting environment. Subject to technical compatibility and the terms of Section 2, the Company may transfer the applicable website/application files and data to such hosting.
14.6. Where the Client chooses to remain on the Company’s shared hosting, the Client acknowledges the nature of the shared environment and agrees that resource limitations may apply.
15. Suspension and Expiry of Services
15.1. If applicable charges are not paid when due, or if the service period expires without renewal, the Company may suspend the relevant hosting, maintenance, support, or other services after providing any notice required under the applicable agreement or law.
15.2. The Client should obtain and verify its own backups before expiry, suspension, or migration.
15.3. The Company shall not be required to retain Client data indefinitely after termination or expiry of services. Any retention or deletion of data shall be subject to the applicable agreement, reasonable operational requirements, and applicable law.
16. Third-Party Services and Infrastructure
16.1. Websites and applications may depend on third-party services, including hosting providers, domain registrars, payment gateways, APIs, cloud services, app stores, email services, plugins, libraries, software licences, and other external platforms.
16.2. The Company shall not be responsible for interruption, modification, suspension, discontinuation, security incidents, policy changes, pricing changes, or technical failures of third-party services that are outside the Company’s reasonable control.
16.3. Any third-party charges shall be payable by the Client unless expressly included in the Company’s quotation or agreement.
17. Limitation of Responsibility
17.1. The Company will use reasonable professional care in providing the agreed services. However, no IT system, hosting environment, website, application, or software can be guaranteed to be completely free from errors, downtime, vulnerabilities, cyberattacks, hardware failures, software failures, or data loss.
17.2. The Company shall not be responsible for problems caused by circumstances outside its reasonable control, including third-party hosting failures, domain issues, DNS failures, cyberattacks, malware, Client-side modifications, third-party developer modifications, unsupported software, expired licences, force majeure events, or failures of third-party services.
17.3. Nothing in these Terms shall exclude or restrict any liability that cannot lawfully be excluded or restricted under applicable law.
18. Client Responsibility for Data and Legal Compliance
18.1. The Client is responsible for ensuring that all content, information, files, personal data, documents, images, software, products, services, and other materials supplied by the Client or uploaded to the website/application may lawfully be used.
18.2. The Client shall be responsible for obtaining all necessary permissions, licences, consents, notices, and authorisations relating to Client-provided content and data.
18.3. Where the website or application processes personal data, the parties shall comply with applicable Indian data-protection and information-technology laws and regulations applicable to their respective roles and obligations.
Liability and Governing Law
Limitation of Liability
To the maximum extent permitted by applicable law, the Company shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of business, loss of data, loss of revenue, or business interruption arising from or relating to the use, inability to use, modification, suspension, or interruption of the Company’s services.
Nothing in these Terms shall exclude or limit any liability that cannot lawfully be excluded or limited under applicable law.
Governing Law
These Terms shall be governed by and construed in accordance with the laws applicable in India, including applicable laws of the State of Maharashtra.
Jurisdiction
Subject to applicable law, courts having competent jurisdiction in Mumbai, Maharashtra, India shall have jurisdiction over disputes arising out of or relating to these Terms or the Company’s services.
Changes to Terms
The Company reserves the right to modify, update, or amend these Terms from time to time.
Where reasonably appropriate, material changes may be communicated through the Company’s website or other available communication channels.
The updated Terms shall apply prospectively to services and transactions occurring after the effective date of the updated Terms, unless otherwise required by applicable law or expressly agreed with the Client.
Continued use of the Company’s Services after the effective date of updated Terms may constitute acceptance of the revised Terms to the extent permitted by applicable law.
Contact Us
Provensoft Technology OPC Pvt Ltd
Email: info@provensoft.in
Phone: +91 8280531067
Jurisdiction: Mumbai, Maharashtra, India