⚡
100% Code Ownership
Upon Full Settlement
🛡️
30 Days Free Support
Post-Launch Warranty
🇮🇳
DPIIT Recognized
Govt. Startup India
⚖️
Kadapa Jurisdiction
Andhra Pradesh,
India
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1. Introduction & Acceptance of Terms
1.1 Legally Binding Contract: These Terms and Conditions
(“Agreement”, “Terms”) form a legally binding contract between you
(the “Client”, “User”, “Visitor”, whether individual or
corporate entity) and Shaivika IT Technologies (“Company”,
“Shaivika Groups”, “we”, “us”, or “our”).
- 1.2 Scope of Acceptance: By accessing our website, initiating contact
through
contact.html, commissioning custom software, procuring AI
automations, subscribing to SaaS products, or approving a quotation, you unconditionally
agree to abide by every clause in this Agreement and our Privacy Policy.
- 1.3 Legal Capacity: You represent and warrant that you are at least 18
years of age and possess full legal authority to enter into this contract on your own
behalf or on behalf of the company or legal entity you represent.
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2. Legal Recognition & DPIIT Startup India Accreditation
2.1 Startup India Accreditation: Shaivika IT Technologies is an accredited
startup officially recognized by the Department for Promotion of Industry and
Internal Trade (DPIIT), Ministry of Commerce and Industry, Government of India
under the national Startup India initiative.
- 2.2 Corporate Headquarters: The Company is headquartered in Kadapa,
Andhra Pradesh — 516001, India, maintaining registered operations, billing
gateways, and infrastructure in full adherence to Indian corporate statutes.
- 2.3 Statutory Standing: Our accreditation under DPIIT Startup India
reinforces our commitment to ethical innovation, transparent governance, intellectual
property protection, and high-standard enterprise software engineering for domestic and
global partners.
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3. Scope of Services & Technical Deliverables
3.1 Core Service Domains: Shaivika IT Technologies provides end-to-end
technical engineering, digital transformation, and business intelligence services,
including:
- Web & Mobile Architecture: Responsive enterprise websites,
Progressive Web Apps (PWA), REST/GraphQL APIs, and hybrid/native mobile applications
(Android/iOS).
- AI Automation & Bots: Autonomous n8n workflows, WhatsApp/Telegram
intelligent assistants, CRM auto-sync pipelines, and generative AI agents.
- SaaS Platforms & Dashboards: Scalable multi-tenant cloud
architectures, real-time analytics dashboards, and executive reporting systems.
- Corporate Tools: Digital billing portals, dynamic QR verification
engines, secure lead capture systems, and custom database integrations.
- 3.2 SOW Precedence: Each project's exact technical deliverables,
milestones, and tech stacks are defined in an individualized Statement of Work (SOW) or
formal technical proposal.
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4. Project Onboarding & Scope Freeze
4.1 Requirement Gathering: Engagements initiate with technical discovery
sessions to establish system specifications, user journeys, data schemas, security
prerequisites, and third-party API dependencies.
- 4.2 Scope Freeze: Once the technical proposal is signed and the initial
commitment deposit is verified, the project scope is formally frozen. Any subsequent
additions or architecture pivots will be managed via formal Change Requests under
Section 11.
- 4.3 Project Roadmap: A delivery roadmap with sprint milestones, testing
windows, and deployment targets will be furnished upon onboarding.
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5. Client Responsibilities & Cooperation
5.1 Necessary Collaboration: Timely project delivery requires proactive
collaboration from the Client.
- Asset Delivery: The Client must furnish all brand collateral,
high-resolution logos, product media, copywriting, domain DNS controls, and staging
credentials within 5 business days of project kickoff.
- Review Windows: The Client agrees to review milestone demos, sprint
builds, and staging previews within 3 to 5 business days of submission
to prevent sprint disruption.
- Single Point of Contact (SPOC): The Client must appoint an authorized
project manager empowered to make binding technical, design, and financial approvals.
- Lawful Content Warranty: The Client guarantees that all content, data,
and assets supplied do not infringe on third-party trademarks, copyrights, or privacy
rights.
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6. Payment Policies, Advance Deposits & Milestones
6.1 Advance Commitment Deposit: All bespoke software development, AI
automation builds, and custom web applications require a mandatory 50% upfront
commitment deposit prior to resource allocation, sprint initiation, or
architecture deployment.
- 6.2 Standard Milestone Schedule: Unless custom terms are executed in
writing, project disbursements follow this verified milestone schedule:
- Milestone 1 (Kickoff): 50% upon contract execution and scope
freeze.
- Milestone 2 (Staging Beta): 30% upon interactive staging
deployment and core feature demo.
- Milestone 3 (Final Release): 20% upon final User Acceptance
Testing (UAT) sign-off prior to production launch and source code release.
- 6.3 Authorized Channels & Currencies: Domestic transactions must be
remitted in Indian Rupees (INR) via NEFT, RTGS, IMPS, UPI, or verified payment gateway
links. International accounts are payable in USD/EUR/GBP via direct corporate wire
transfer.
- 6.4 Non-Refundable Advance: Because engineering hours, infrastructure
provisioning, and developer sprint reservations commence immediately, advance deposits
are non-refundable once work has commenced.
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7. Invoicing, Taxation & GST Compliance
7.1 Statutory Electronic Invoicing: Invoices are generated electronically
through Shaivika IT Technologies' billing system, featuring unique sequential invoice
identifiers, verifiable QR codes, and company PAN/GST credentials.
- 7.2 Goods and Services Tax (GST): Invoices issued to Indian entities
are subject to statutory GST in compliance with Central and State Goods and Services Tax
enactments, categorized under relevant SAC/HSN codes.
- 7.3 Tax Deducted at Source (TDS): Where statutory TDS is applicable
under the Income Tax Act, 1961, the Client must deduct the requisite percentage and
supply valid Form 16A TDS certificates on a quarterly schedule.
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8. Late Payment Penalties & Suspension of Services
8.1 Due Date: Milestone invoices are payable within fifteen (15) calendar
days from the date of electronic transmission.
- 8.2 Surcharge on Overdue Accounts: Overdue balances shall accrue
interest at the rate of 1.5% per month (or the statutory ceiling
permitted by Indian law), calculated from the due date until full receipt.
- 8.3 Right of Suspension: If an invoice remains unsettled past thirty
(30) days from issuance, the Company reserves the strict right to suspend active
development, revoke staging environment access, pause chatbot API routing, and halt
production releases without contractual breach or liability.
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9. Complimentary Free Benefits & Value-Added Services
9.1 Customer Value Commitment: Every custom software, web application, and
digital solution delivered by Shaivika IT Technologies includes an elite bundle of
complimentary benefits:
- 30 Days Free Post-Launch Support: Thirty (30) consecutive calendar days
of 100% complimentary maintenance and bug-fixing support starting immediately upon
production deployment.
- Critical Bug Fix Guarantee: Prompt resolution of any unintended
functional errors, browser rendering glitches, or server exceptions within the original
Scope of Work.
- Free SSL & Security Setup: Complimentary TLS/SSL certificate
provisioning, HTTPS redirection, and security header hardening on production domains.
- SEO & Social Optimization: Baseline search engine metadata
architecture, OpenGraph cards, Twitter preview cards, and XML sitemaps configured free
of charge.
- Cross-Platform Verification: Pixel-perfect responsive validation across
modern smartphones, tablets, laptops, and ultra-wide displays before handoff.
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10. Project Timelines, Sprints & Delivery Milestones
10.1 Agile Sprints: Development timelines are structured in agile sprints. A
standard brochure website typically completes in 7–14 days; complex web applications and
SaaS platforms require 4–8 weeks; AI automation integrations take 2–4 weeks.
- 10.2 Dependency Adjustment: Delivery deadlines are automatically
adjusted if the Client delays feedback, withholds credentials, modifies design
requirements mid-sprint, or if third-party APIs experience downtime.
- 10.3 Force Majeure: The Company shall not be liable for delivery
interruptions caused by acts of God, extreme natural events, regional power/internet
blackouts, or global cloud provider failures (e.g., AWS, GCP, Cloudinary, Netlify).
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11. Revisions, Iteration Policy & Scope Expansion
11.1 Included Design Iterations: Each project includes up to two (2)
rounds of iterative design and UI/UX refinements within the scope of each
approved sprint phase.
- 11.2 Scope Creep Protocol: Any feature requests, workflow changes,
additional integrations, or architectural revisions not specified in the original
Statement of Work constitute a Change Request (CR).
- 11.3 Change Request Pricing: Change Requests will be quoted
transparently at our standard hourly rates or fixed module pricing and scheduled as
supplementary sprints upon written client authorization.
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12. Intellectual Property Rights & Source Code Ownership
12.1 100% Client Ownership Upon Settlement: Upon full and final clearance of
100% of all agreed project fees and invoices, all bespoke source code, custom layouts,
unique assets, and database schemas crafted specifically for the Client become the exclusive
intellectual property of the Client.
- 12.2 Clean Asset Handover: Following full settlement, the Company
delivers repository access, compiled distribution artifacts, production keys, and
architectural documentation to the Client.
- 12.3 Pre-Existing Frameworks: Shaivika IT Technologies retains
ownership of its internal boilerplate code, developer utilities, algorithms, and modular
frameworks. Open-source dependencies remain bound by their respective licenses (MIT,
Apache 2.0, BSD).
- 12.4 Portfolio & Case Study Showcase: Unless explicitly restricted
by an executed Non-Disclosure Agreement (NDA), the Company reserves the professional
right to display screenshots, links, and non-sensitive case summaries in our marketing
materials and online portfolio.
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13. Third-Party Platforms, APIs & Cloud Subscriptions
13.1 Client Vendor Accounts: The Client is solely responsible for
maintaining active, funded accounts with external service providers necessary for project
operation, such as domain registrars, cloud hosts (AWS, GCP, Netlify, Vercel), email
providers (SendGrid, Mailgun), WhatsApp Business Cloud API, payment gateways (Razorpay,
Stripe), and AI model APIs (OpenAI, Anthropic).
- 13.2 Vendor Disclaimers: The Company is not responsible for price
changes, outages, rate-limiting, algorithmic updates, or account suspensions instituted
by external platforms.
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14. Trust Policies, Confidentiality & Non-Disclosure (NDA)
14.1 Mutual Trust Commitment: Mutual trust is the cornerstone of Shaivika IT
Technologies' business philosophy. Both parties agree to protect and treat all non-public
technical, commercial, customer, and financial data as strictly Confidential Information.
- 14.2 Non-Disclosure Covenant: Neither party will share, monetize, or
disclose Confidential Information to any third party without explicit prior written
authorization, except to key personnel bound by equivalent confidentiality obligations.
- 14.3 Absolute Integrity: The Company maintains zero backdoor access,
zero unauthorized data retention, and zero sale of client data under any circumstances.
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15. Data Privacy, Protection & Legal Compliance
15.1 Indian Statutory Adherence: All software architecture and data handling
protocols engineered by the Company strictly comply with the Information Technology
Act, 2000, the IT (Reasonable Security Practices and Procedures) Rules, 2011,
and the Digital Personal Data Protection (DPDP) Act, 2023.
- 15.2 Cryptographic Protection: Systems are designed with modern
security practices, including TLS encryption in transit, PBKDF2/HMAC credential hashing,
database encryption, formula injection prevention, and strict rate-limiting against
brute force.
- 15.3 Data Fiduciary Status: The Client operates as the Data Fiduciary
regarding end-user records managed on the Client's platform and agrees to publish lawful
end-user terms and privacy notices.
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16. Maintenance Policies & Service Level Agreement (AMC)
16.1 Ongoing Maintenance: After the expiration of the 30-day complimentary
post-launch warranty, continuous support, server health audits, dependency updates, and
feature additions are available through tailored Annual Maintenance Contracts (AMC) or
hourly on-demand retainer packages.
- 16.2 Standard Support SLA Tiers:
- Critical Outage (P1): Initial response within 2–4 hours with
prioritized emergency remediation.
- Major Functional Issue (P2): Initial response within 8–12
business hours.
- Routine Maintenance / Minor Requests (P3): Response within
24–48 business hours.
- 16.3 Unauthorized Tampering Exclusion: Any modifications, server
reconfiguration, or database tampering executed by client personnel or third-party
agencies shall instantly void existing warranties.
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17. Company Rules, Code of Conduct & Ethical Use
17.1 Professional Decorum: Both the Company and Client commit to civil,
ethical, and respectful communication across all meetings, emails, phone calls, and
messaging channels.
- 17.2 Prohibited Engagements: The Company strictly refuses to design,
build, host, or support applications promoting:
- Illegal gambling, unregulated betting, or fraudulent Ponzi/pyramid schemes.
- Malware, spyware, unauthorized scraping, DDoS tools, or phishing vectors.
- Hate speech, defamation, harassment, or intellectual property infringement.
- Adult, pornographic, or sexually explicit content.
- 17.3 Breach Consequences: Any violation of these ethical standards
triggers immediate contract cancellation, deposit forfeiture, and notification to
statutory authorities where warranted.
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18. Warranties, Disclaimers & Limitation of Liability
18.1 Craftsmanship Warranty: The Company warrants that all development work
will be executed with industry-standard craftsmanship and professional diligence.
- 18.2 Disclaimer of Consequential Damages: Software is delivered
“as is” without implied warranties of perpetual defect-free operation. In no
event shall Shaivika IT Technologies, its founders, or team members be held liable for
indirect, incidental, punitive, or consequential damages, including loss of business
revenue, missed profits, or operational disruptions.
- 18.3 Monetary Liability Cap: To the maximum extent permitted by
applicable Indian law, the total cumulative monetary liability of the Company for any
dispute arising out of an engagement shall be strictly capped at the total fee
actually paid by the Client for the specific milestone or project under
dispute.
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19. Termination & Cancellation Policy
19.1 Termination for Convenience: Either party may terminate an active
project agreement by providing fourteen (14) calendar days' formal written notice via
registered email to the designated representative.
- 19.2 Termination for Cause: Either party may terminate immediately if
the other party commits a material breach of terms that remains uncorrected ten (10)
days after written notification.
- 19.3 Financial Settlement: Upon termination, the Client shall promptly
compensate the Company for all completed milestones, sprint hours worked, and
non-cancellable third-party commitments incurred up to the date of notice.
- 19.4 Deliverable Release: Approved deliverables and code repositories
shall only be released upon full clearance of all outstanding invoices.
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20. Dispute Resolution & Governing Jurisdiction
20.1 Amicable Resolution: In the event of any controversy, claim, or
difference arising out of this Agreement, both parties agree to engage in thirty (30) days
of good-faith bilateral executive consultations to achieve an amicable settlement.
- 20.2 Governing Law: This Agreement shall be governed, construed, and
enforced in accordance with the substantive laws of the Republic of
India, including the Indian Contract Act, 1872.
- 20.3 Exclusive Territorial Jurisdiction: Both parties irrevocably agree
that the competent civil courts and legal tribunals in Kadapa, Andhra Pradesh,
India shall have exclusive territorial and subject-matter jurisdiction to
resolve any legal proceeding arising out of or relating to this Agreement.
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21. Amendments & Official Contact Details
21.1 Right of Modification: Shaivika IT Technologies reserves the unilateral
right to update or amend these Terms and Conditions periodically to reflect regulatory
adjustments, technological advancements, or operational policies. Revisions become effective
immediately upon website publication.
- 21.2 Continued Engagement: Continued use of our website or procurement
of services following notice of revisions constitutes your affirmative agreement to the
updated terms.
- 21.3 Official Corporate Directory: