Legal
Terms & Conditions
Last updated: June 1, 2025 • Effective Date: June 1, 2025
Please read these Terms and Conditions carefully before using the services of Infoneeti Technologies Private Limited.
1. Acceptance of Terms
By accessing or using the website, services, software, and products ("Services") provided by Infoneeti Technologies Private Limited ("Infoneeti", "we", "us", or "our"), you ("Client", "User", or "you") agree to be bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you and Infoneeti Technologies.
If you do not agree to these Terms, you must immediately cease using our Services. These Terms apply to all visitors, users, clients, and others who access or use our Services.
We reserve the right to modify these Terms at any time. We will notify you of material changes via email or prominent notice on our website. Your continued use of the Services after changes constitutes acceptance of the updated Terms.
2. Description of Services
Infoneeti Technologies provides a range of Information Technology services including but not limited to:
• Web Application Development and Maintenance
• Mobile Application Development (iOS, Android, Cross-platform)
• Cloud Infrastructure Design, Migration, and Management
• Artificial Intelligence and Machine Learning Solutions
• Cybersecurity Assessments and Managed Security Services
• Data Analytics and Business Intelligence Solutions
• Digital Marketing and SEO Services
• UI/UX Design and Consulting
• IT Strategy and Technology Consulting
• Software Quality Assurance and Testing
The specific scope, deliverables, timelines, and commercial terms for any engagement are defined in a separate Statement of Work (SOW) or Master Service Agreement (MSA) executed between Infoneeti and the Client. In case of conflict, the SOW/MSA supersedes these Terms with respect to that specific engagement.
3. Intellectual Property Rights
3.1 Client-Owned IP: Upon full payment of all agreed fees, Infoneeti assigns to the Client all right, title, and interest in and to the work product specifically created for the Client under a project engagement, including all intellectual property rights therein.
3.2 Infoneeti IP: Notwithstanding the above, Infoneeti retains ownership of all pre-existing intellectual property, tools, frameworks, libraries, methodologies, know-how, and general-purpose code ("Infoneeti IP") that Infoneeti developed prior to or independently of the Client engagement. Infoneeti grants the Client a non-exclusive, perpetual, royalty-free license to use such Infoneeti IP as incorporated in the project deliverables.
3.3 Third-Party Components: Certain deliverables may incorporate third-party open-source or commercial software. Such components remain subject to their respective third-party licenses, which will be disclosed to the Client.
3.4 Portfolio Rights: Infoneeti reserves the right to reference the Client's name, logo, and a general description of the project in its marketing materials, portfolio, and case studies, unless the Client specifically requests confidentiality in writing.
4. Payment Terms and Fees
4.1 Payment Schedule: Payment terms are defined in the applicable SOW. Standard payment structure involves a percentage upfront upon project commencement, milestone-based payments during development, and a final payment upon project delivery.
4.2 Invoicing: Infoneeti will issue invoices in accordance with the payment schedule. Invoices are payable within 15 days of issuance unless otherwise agreed.
4.3 Late Payment: Invoices unpaid after the due date will accrue interest at the rate of 2% per month (24% per annum) or the maximum rate permitted by applicable law, whichever is lower.
4.4 Taxes: All fees are exclusive of applicable taxes, including GST. The Client is responsible for all applicable taxes in their jurisdiction.
4.5 Currency: All payments shall be made in Indian Rupees (INR) unless otherwise specified in the SOW.
4.6 Suspension: Infoneeti reserves the right to suspend Services in the event of non-payment of undisputed invoices exceeding 30 days.
5. Confidentiality and Non-Disclosure
Both parties agree to hold in strict confidence all Confidential Information disclosed by the other party during the engagement. "Confidential Information" means any non-public information, including but not limited to: business strategies, technical specifications, source code, financial data, customer lists, and trade secrets.
Each party agrees to: (a) use Confidential Information solely for the purpose of the engagement; (b) not disclose Confidential Information to third parties without prior written consent; and (c) protect Confidential Information with the same degree of care used to protect its own confidential information, but no less than reasonable care.
Confidentiality obligations survive termination of the engagement for a period of 3 (three) years. These obligations do not apply to information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was rightfully known before disclosure; or (iii) is required to be disclosed by law or court order.
6. Warranties and Representations
6.1 Infoneeti Warranties: Infoneeti warrants that: (a) Services will be performed in a professional and workmanlike manner by qualified personnel; (b) deliverables will materially conform to the specifications in the SOW; and (c) Infoneeti has the right to enter into this agreement and perform the Services.
6.2 Warranty Period: Infoneeti provides a 30-day warranty period post-delivery during which reported defects that represent a material deviation from agreed specifications will be corrected at no additional charge.
6.3 Exclusions: The warranty does not cover: (a) defects arising from Client modifications; (b) third-party software issues; (c) environmental factors outside Infoneeti's control; or (d) features not specified in the SOW.
6.4 Disclaimer: EXCEPT AS EXPRESSLY SET FORTH HEREIN, INFONEETI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
7.1 Neither party shall be liable for any indirect, incidental, consequential, special, or punitive damages, including without limitation loss of revenue, loss of profits, loss of business, or loss of data, even if advised of the possibility of such damages.
7.2 Infoneeti's total aggregate liability for any claim arising out of or related to these Terms or any SOW shall not exceed the total fees paid by the Client to Infoneeti in the 12 months preceding the claim giving rise to liability.
7.3 The limitations of liability reflect the allocation of risk between the parties and are an essential element of the basis of the bargain between the parties.
8. Termination
8.1 Termination for Cause: Either party may terminate an engagement immediately upon written notice if the other party: (a) materially breaches these Terms or the SOW and fails to cure such breach within 30 days of written notice; (b) becomes insolvent or files for bankruptcy; or (c) engages in fraudulent or illegal activity.
8.2 Termination for Convenience: Either party may terminate an engagement for convenience with 30 days' written notice. The Client shall pay for all work completed and expenses incurred up to the effective termination date.
8.3 Effect of Termination: Upon termination, each party will return or destroy the other's Confidential Information. Provisions that by their nature should survive termination will survive, including Sections 3, 4, 5, 7, and 9.
9. Governing Law and Dispute Resolution
9.1 Governing Law: These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
9.2 Jurisdiction: Both parties submit to the exclusive jurisdiction of the courts located in Pune, Maharashtra, India for the resolution of any disputes.
9.3 Dispute Resolution Process: Before initiating legal proceedings, the parties agree to attempt good-faith negotiation for a period of 30 days. If negotiation fails, disputes shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator in Pune, in the English language.
10. General Provisions
10.1 Entire Agreement: These Terms, together with any applicable SOW/MSA, constitute the entire agreement between the parties and supersede all prior agreements.
10.2 Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
10.3 Force Majeure: Neither party shall be liable for delays caused by circumstances beyond their reasonable control, including natural disasters, government actions, pandemics, or internet outages.
10.4 Assignment: The Client may not assign its rights or obligations without Infoneeti's prior written consent. Infoneeti may assign these Terms in connection with a merger, acquisition, or sale of substantially all assets.
10.5 Waiver: Failure to enforce any provision does not constitute a waiver of future enforcement.
10.6 Contact: For questions about these Terms, contact us at legal@infoneeti.com or +91 9171772727.
Questions about our Terms?
If you have any questions or concerns about these Terms and Conditions, please contact our legal team.