Terms and Conditions

These Terms & Conditions (“Agreement”) govern the provision of services by SOFTALYN (“Company”, “we”, “our”, “us”) to the client (“Client”, “you”, “your”). By engaging our services, you agree to be bound by this Agreement.

These Terms & Conditions (“Agreement”) govern the provision of services by SOFTALYN to the clients by engaging in our services, you agree to be bound by this Agreement.

1. Scope of Services

SOFTALYN will provide IT services as agreed in writing (proposal, contract, or statement of work). Services may include but are not limited to:

Software, Web, and Mobile App Development
Maintenance & Support
Consulting, UI/UX, Design, and Digital Solutions

Any additional work outside the agreed scope will require a new agreement or change order.

2. Client Responsibilities

Provide accurate, timely, and complete information required for project execution.
Ensure that all content, data, or materials shared with SOFTALYN do not infringe on third-party rights.
Cooperate and provide necessary feedback/approvals within agreed timelines.
Send clear instructions to set accurate timelines and costs.
Track daily updates and share timely feedback. If feedback cannot be provided, inform SOFTALYN in advance.

3. Payments & Fees

Invoices must be paid as per the agreed payment schedule (milestones, retainers, or one-time fees).
Payments for period-based pricing (hourly, weekly, monthly) must be made in advance as per booking requirements.
Payments for fixed-price projects must follow the agreed proposal or contract milestones.
All fees are exclusive of taxes.
Non-Refundable: Once payment is processed, it is final and non-refundable unless explicitly stated otherwise in writing.
Invoices are issued before work commences; delays in payment may put the project on hold.
Late payments may attract interest charges as per applicable laws or agreed contract terms.

4. Resources and Timings

SOFTALYN provides developers and support staff (Project Manager, Team Leader) as per project needs.
Public holidays will be notified in advance, and timelines/invoices will be adjusted accordingly.

5. Intellectual Property Rights

Upon full payment, all deliverables specifically created for the Client will become their property.
Pre-existing code, tools, libraries, or frameworks remain SOFTALYN’s property, but the Client will receive a license to use them as part of the deliverable.

6. Timelines & Delays

SOFTALYN will make reasonable efforts to deliver work on agreed timelines.
Delays caused by Clients (late feedback, missing inputs, etc.) may affect timelines.
SOFTALYN is not liable for delays caused by force majeure, internet outages, pandemics, or natural disasters.

7. Revisions & Changes

Deliverables include the number of revisions specified in the proposal.
Additional revisions or out-of-scope changes will be chargeable.

8. Confidentiality

Both parties agree to keep confidential all business, technical, and proprietary information shared during the project, except where disclosure is required by law.

9. Service Quality & Operations

SOFTALYN follows agile methodology and provides regular updates via phone, Teams, email, Slack, or video calls as agreed.
We deliver high-quality, cost-effective services within agreed timelines.
Unless specified, we will not work directly on live servers.
SOFTALYN does not outsource work or contact end clients without approval.

10. Support & Maintenance

Post-delivery support is provided as per a support/maintenance contract (if purchased).
Bug fixes are free within the warranty period specified in the proposal.
Warranty does not cover errors caused by third-party changes, post-deployment modifications, or misuse.

11. Source Code & Responsibility

Once project deliverables or source code are handed over, SOFTALYN has no obligation to store backups.
The Client is responsible for safeguarding the code.
If SOFTALYN is requested to store/maintain the code post-handover, it will be chargeable under a separate agreement.

12. Client Inactivity During Development

If the Client is unresponsive for more than 30 days, SOFTALYN reserves the right to reassess scope, timelines, and charges.
If inactive for 6 months or more, SOFTALYN is not obligated to retain project files, and resuming work may require additional costs or a new contract.

13. Service Acceptance

Clients must test the project on SOFTALYN’s development server to avoid production issues.
After acceptance and final payment, SOFTALYN will deploy the code to the production server.
After acceptance and warranty expiry, additional work will be chargeable.
Clients are strongly advised to maintain regular backups of production servers unless a Maintenance Agreement specifies otherwise.

14. Warranty Period

Standard warranty: 30 days from deployment (unless otherwise agreed).
Errors reported in writing within warranty will be fixed free of cost.
Warranty excludes third-party interference, post-deployment modifications, or use beyond intended scope.
SOFTALYN does not guarantee commercial profitability or success of developed systems.

15. Restrictions

Clients must not:

Engage SOFTALYN’s developers directly within 1 year of contract end.
Try to bypass SOFTALYN to contact or work with other SOFTALYN clients.

16. Termination

Either party may terminate with written notice if the other breaches a material term and fails to remedy it within 15/30 days.
SOFTALYN may terminate services if invoices remain unpaid for more than 5 days.
Upon termination, all completed work till date will be invoiced and payable.

17. Governing Law & Jurisdiction

The contract between SOFTALYN Solutions Private Limited and the Customer shall be governed by and construed in accordance with the laws of India and any dispute arising shall be subject to the exclusive jurisdiction of the courts of Jaipur, Rajasthan, India.

18. Amendments & Privacy Policy

SOFTALYN reserves the right to update these Terms & Conditions or Privacy Policy at any time.
Continued use of services implies acceptance of updated terms.
Clients who do not agree must request in writing for return or deletion of collected information.

19. Acceptable Use of Services

Clients agree to use SOFTALYN services only for lawful purposes and in compliance with applicable laws and regulations. Prohibited activities include but are not limited to:

Hosting, transmitting, or distributing illegal, fraudulent, or harmful content.
Using services for phishing, spamming, or malicious attacks.
Attempting to bypass security measures or disrupt SOFTALYN systems.

20. Anti-Spam & Unsolicited Communications

SOFTALYN has a zero-tolerance policy for spam. Clients shall not send unsolicited bulk messages, promotional emails, or commercial communications using SOFTALYN platforms, servers, or systems. Verified violations may result in immediate suspension or termination of services without refund, and the Client will be liable for any related costs.

21. Prohibited Content & Client Liability

Clients must not use SOFTALYN services to store, process, or transmit content that:

Infringes intellectual property or proprietary rights.
Is defamatory, obscene, offensive, or invasive of privacy.
Violates applicable laws or third-party agreements.

The Client assumes full responsibility for all content they create, upload, or distribute through SOFTALYN services.

22. Security & Unauthorized Access

Any attempt to gain unauthorized access to SOFTALYN systems, networks, or data is strictly prohibited. Activities such as hacking, reverse-engineering, vulnerability scanning, or distributing malware may result in immediate suspension and legal action.

23. Bandwidth, Storage & Fair Use

Use of SOFTALYN infrastructure and resources must remain within the agreed project scope or contractual limits. Excessive or abnormal consumption of bandwidth, storage, or server resources that disrupts service for other clients may lead to throttling, additional charges, or suspension of services.

24. Immediate Suspension Rights

SOFTALYN reserves the right to suspend or disable services immediately, without prior notice, if the Client’s actions:

Violate these Terms & Conditions,
Pose a security risk or legal liability,
Harm SOFTALYN’s systems, reputation, or other clients.

Suspension does not remove the Client’s obligation to pay outstanding invoices or charges.

25. Indemnification

The Client agrees to indemnify and hold harmless SOFTALYN, its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from:

The Client’s content or data,
Breach of this Agreement,
Misuse of SOFTALYN services,
Violations of law or third-party rights.

26. Third-Party Providers & Downtime Disclaimer

SOFTALYN is not responsible for downtime, service interruptions, or errors caused by third-party hosting providers, data centers, payment gateways, or internet carriers beyond its direct control. While SOFTALYN will make reasonable efforts to coordinate with such providers, liability for third-party failures is excluded.

27. Domain Registration & Management (If Applicable)

If SOFTALYN assists Clients with domain registrations through third-party registrars, the Client remains solely responsible for: