Terms & Conditions

1Acceptance of Terms

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("Client" or "User") and Nexflare Dynamics Pvt. Ltd. ("Company", "we", "us", or "our"), a company incorporated in India with its registered office at GLOBAL BUSINESS HUB, EON Free Zone, Kharadi, Pune, Maharashtra 411014.

By using our website, submitting an enquiry, signing a project agreement, or making any payment to the Company, you confirm that you are at least 18 years of age and have the legal authority to enter into this agreement on behalf of yourself or your organisation.

2Services

Nexflare Dynamics Pvt. Ltd. provides custom software development, web and app development, digital marketing, CRM services, and related technology solutions as described on our website and in individual project proposals or statements of work ("SOW").

The scope, deliverables, timelines, and pricing for each engagement are defined in a separate SOW or project agreement signed by both parties. In the event of any conflict between these Terms and a signed SOW, the SOW shall prevail.

• We reserve the right to decline any project enquiry at our sole discretion
• Project timelines stated in proposals are estimates and may vary based on client responsiveness and scope changes
• Scope changes requested by the client after project commencement may result in revised timelines and additional charges

3Client Obligations

To enable timely and quality delivery of services, the Client agrees to:

• Provide accurate, complete, and timely information, content, assets, and approvals as requested by the Company
• Designate a single point of contact with authority to make decisions on behalf of the Client organisation
• Respond to queries, review deliverables, and provide feedback within the timeframes agreed in the SOW
• Ensure that any content or materials provided to the Company do not infringe upon the intellectual property, privacy, or other rights of any third party
• Make payments in accordance with the agreed payment schedule

Delays caused by the Client's failure to meet these obligations may result in revised project timelines and the Company shall not be liable for such delays.

4Payment Terms

All fees are as specified in the project proposal or SOW. Unless otherwise agreed in writing:

• A non-refundable advance payment (typically 50% of the project value) is required before work commences
• Subsequent milestone payments are due upon completion of each milestone as defined in the SOW
• Final payment is due before delivery of final source code, live deployment, or handover of deliverables
• Invoices are payable within 7 days of issuance unless otherwise agreed
• Late payments attract an interest of 2% per month on the outstanding amount from the due date
• All prices are exclusive of applicable taxes (GST) unless stated otherwise

We accept payments via bank transfer, UPI, Razorpay, Stripe, or other methods agreed in writing. Please refer to our Refund Policy for information on refunds.

5Intellectual Property

Client IP: Upon receipt of full payment, all custom deliverables created specifically for the Client under a project engagement (including source code, design files, and documentation) are assigned to the Client. The Client receives full ownership and source code access.

Company IP: Nexflare Dynamics retains ownership of all pre-existing tools, frameworks, libraries, methodologies, and proprietary components used in the delivery of services. A non-exclusive, perpetual licence to use such components within the delivered product is granted to the Client upon full payment.

Third-party components: Open-source or third-party libraries incorporated into deliverables remain subject to their respective licences, which will be disclosed to the Client.

Portfolio rights: The Company reserves the right to reference the Client's project (name, type, and general outcome) in its portfolio and marketing materials, unless the Client requests confidentiality in writing.

6Confidentiality

Both parties agree to keep confidential all non-public information disclosed by the other party in connection with the project ("Confidential Information"). Confidential Information shall not be disclosed to any third party without the prior written consent of the disclosing party, except:

• As required by law or court order
• To employees or contractors who need access to perform their duties and are bound by equivalent confidentiality obligations
• Where the information becomes publicly available through no fault of the receiving party

This confidentiality obligation survives the termination of any project engagement for a period of 2 years. Where a separate Non-Disclosure Agreement (NDA) is signed, the NDA shall take precedence over this clause.

7Limitation of Liability

To the maximum extent permitted by applicable law, Nexflare Dynamics Pvt. Ltd. shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, business, or goodwill
• Damages arising from third-party services, integrations, or APIs outside our control
• Business losses resulting from downtime, bugs, or performance issues beyond agreed SLAs

Our total aggregate liability to the Client for any claim arising out of or in connection with a project shall not exceed the total fees paid by the Client to the Company for that specific project in the 6 months preceding the claim.

8Warranties & Disclaimers

We warrant that our services will be performed with reasonable skill and care by qualified professionals, and that deliverables will substantially conform to the agreed specifications.

We do not warrant that:

• Our website will be uninterrupted, error-free, or free from viruses or harmful components
• Any software delivered will be entirely free of defects (we provide a warranty period as specified in the SOW to address post-launch bugs)
• Results or outcomes from digital marketing campaigns will meet specific targets, as these depend on third-party platforms and market conditions

All warranties not expressly stated herein are disclaimed to the fullest extent permitted by law.

9Termination

Termination by Client: The Client may terminate a project engagement by providing 30 days' written notice. All work completed and expenses incurred up to the termination date will be invoiced and are payable by the Client. The advance payment is non-refundable.

Termination by Company: We reserve the right to suspend or terminate services immediately if the Client:

• Fails to make payment within 14 days of the due date
• Breaches any material term of these Terms or the project agreement
• Engages in conduct that is abusive, threatening, or unlawful

Upon termination, all outstanding invoices become immediately due and payable. Ownership of work-in-progress deliverables remains with the Company until all outstanding amounts are settled in full.

10Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms or any project engagement shall be subject to the exclusive jurisdiction of the courts in Pune, Maharashtra, India.

Prior to initiating any legal proceedings, both parties agree to attempt in good faith to resolve any dispute through direct negotiation for a period of 30 days from written notice of the dispute.

11Changes to These Terms

We reserve the right to update or modify these Terms at any time. Material changes will be notified by updating the "Last Updated" date at the top of this page. For ongoing project engagements, material changes will be communicated directly. Continued use of our services after any changes constitutes acceptance of the updated Terms.

12Contact Us

For any questions regarding these Terms & Conditions, please contact our team: