1. About these terms
These Terms & Conditions govern your use of this website and, where stated, the software development and technology services provided by ECOM BUYER NETWORK PRIVATE LIMITED ("we", "us", "our", "the Company").
By using this website you accept these terms. If you do not accept them, please do not use the site.
Where we carry out work for you, that work is governed by a separate written agreement, proposal or statement of work signed or accepted by both parties (the "Project Agreement"). If anything in a Project Agreement conflicts with these terms, the Project Agreement takes precedence for that project.
2. Our services
We provide software development and technology services, which may include custom software development, website and web application development, mobile application development, ecommerce development, SaaS platform development, admin panels, business automation, CRM and business management systems, API development and integration, payment gateway integration, database and backend development, frontend development, dashboards and analytics, cloud-based solutions, authentication and access management, internal business tools, software maintenance, bug fixing, upgrades and technical support.
The precise scope, deliverables, timeline, acceptance criteria and fees for any engagement are set out in the Project Agreement for that engagement. Nothing on this website is an offer capable of acceptance, a quotation, or a commitment to deliver any particular scope.
3. Use of this website
You may use this website to learn about our services and to contact us. You may not:
- use the site for any unlawful purpose, or in breach of any applicable law or regulation;
- attempt to gain unauthorised access to any part of the site, any server on which it is hosted, or any system or network connected to it;
- probe, scan or test the vulnerability of the site or circumvent any authentication or security measure;
- introduce any virus, malware, or other material that is malicious or technologically harmful;
- use any automated means to extract content from the site, or to submit the contact form other than as a genuine enquiry;
- use the site in a way that impairs its availability or performance for others.
We may suspend or restrict access to the site, in whole or in part, without notice, where we consider it necessary to protect the site, our systems or other users.
4. Enquiries submitted through this site
When you submit an enquiry through the contact form, you confirm that the information you provide is accurate and that you are entitled to provide it. We use it to respond to your enquiry; see our Privacy Policy for how it is handled.
Submitting an enquiry does not create a contract between us and places neither party under any obligation. A contract arises only when a Project Agreement is agreed by both parties.
5. Client responsibilities
Software is built to a requirement, and the requirement comes from you. Where we carry out work for you, you agree to:
- provide the information, content, materials, access and decisions the project needs, in reasonable time;
- ensure you hold the rights to any content, data, branding or third-party material you supply to us for use in the project;
- nominate a point of contact authorised to give approvals and sign off deliverables;
- maintain your own accounts with third-party providers (hosting, domains, payment gateways, SMS and email providers, app stores and similar) and meet their terms and fees;
- review deliverables within any review period stated in the Project Agreement.
Delays in any of the above may affect the timeline and, where they cause additional work, the fees.
6. Changes to scope
Requirements change during a project, and that is normal. Any change to the agreed scope, deliverables or timeline is handled as a change request: we will confirm the effect on the schedule and the fees before the change is carried out, and it takes effect once both parties agree it in writing.
7. Fees and payment
Fees, the payment schedule, the currency and any applicable taxes are set out in the Project Agreement. Unless that agreement says otherwise:
- fees are exclusive of applicable taxes, which are charged in addition where required by law;
- invoices are payable by the due date stated on the invoice;
- third-party costs (hosting, domains, licences, gateway charges, app store fees and similar) are payable by you, whether directly or as a pass-through on our invoice;
- we may suspend work on an engagement where an undisputed invoice remains unpaid after written notice.
Cancellation, refunds and the treatment of work already performed are dealt with in our Refund & Cancellation Policy.
8. Intellectual property
This website. The content, design, text, graphics and code of this website belong to ECOM BUYER NETWORK PRIVATE LIMITED or to its licensors, and are protected by applicable intellectual property law. You may view and print pages for your own reference. You may not otherwise copy, reproduce, republish or distribute any part of it without our written permission. Project deliverables. Ownership of the software we develop for you is set out in the Project Agreement. Unless that agreement says otherwise, custom deliverables transfer to you on full payment of the fees for them. Pre-existing and general material. We retain ownership of our pre-existing materials, tools, libraries, frameworks and general know-how, including anything of that kind used in your project. Where such material is embedded in a deliverable, you receive a perpetual, non-exclusive licence to use it as part of that deliverable. Third-party components. Open-source and third-party components remain subject to their own licences, and your use of the deliverable is subject to those licences.9. Confidentiality
Each party may receive information from the other that is confidential. Each party agrees to keep the other's confidential information in confidence, to use it only for the purposes of the engagement, and to disclose it only to those of its personnel who need it and are under equivalent obligations.
This does not apply to information that is or becomes public other than through a breach of this clause, was already lawfully held, is independently developed, or must be disclosed by law or by a competent authority.
10. Warranties
We warrant that we will perform our services with reasonable skill and care, in a professional manner, and in accordance with the Project Agreement.
Where a Project Agreement includes a defect-correction period, we will correct reported defects in the delivered software during that period at no additional charge. A "defect" means a failure of the software to operate in accordance with the agreed specification. It does not include a change to the requirement, a new feature, a problem caused by modification of the software by anyone other than us, a fault in a third-party service, or a problem arising from an environment or configuration outside our control.
Except as expressly stated, and to the extent permitted by law, the services and this website are provided without further warranties of any kind. Software of any complexity may contain defects; we do not warrant that any software will be entirely free of them or will operate without interruption.
11. Limitation of liability
Nothing in these terms limits or excludes liability that cannot lawfully be limited or excluded, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
Subject to that, and to the extent permitted by law:
- we are not liable for loss of profit, loss of business, loss of revenue, loss of anticipated savings, loss of goodwill, or loss or corruption of data, in each case whether direct or indirect;
- we are not liable for any indirect or consequential loss;
- our total aggregate liability arising out of or in connection with an engagement is limited to the total fees paid by you to us under the Project Agreement for that engagement.
We are not liable for the acts, omissions, availability, performance, pricing or security of third-party services that you use or that a deliverable connects to, including hosting providers, payment gateways, SMS and email providers, cloud platforms and app stores.
You are responsible for maintaining your own backups of your data unless a Project Agreement expressly places that responsibility with us.
12. Term and termination
Either party may terminate an engagement in accordance with the Project Agreement. Either party may also terminate immediately on written notice if the other commits a material breach that is not remedied within thirty (30) days of written notice, or becomes insolvent.
On termination, you remain liable for fees for work performed and for committed third-party costs up to the date of termination. Clauses concerning intellectual property, confidentiality, liability and governing law survive termination.
13. Events beyond our control
Neither party is liable for a failure or delay in performing its obligations caused by an event beyond its reasonable control, including failure of public or private telecommunications networks, failure of a third-party service or infrastructure provider, power failure, act of government, civil disturbance, or natural event. The affected party will notify the other and both will act reasonably to limit the effect.
14. Changes to these terms
We may update these Terms & Conditions from time to time. The version published on this page is the version that applies to your use of the website, and the date it was last updated is shown at the top of this page. Changes to the terms of an existing Project Agreement are made only by agreement between the parties.
15. Governing law and jurisdiction
These terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the laws of India. The courts having jurisdiction over the registered office of ECOM BUYER NETWORK PRIVATE LIMITED shall have exclusive jurisdiction, save that either party may seek injunctive relief in any competent court.
Complaints are dealt with under our Complaints & Grievance Policy, and we ask that you raise a concern with us there before taking any other step.
Contact
If you have a question about this document, or wish to exercise a right described in it, please contact us:
ECOM BUYER NETWORK PRIVATE LIMITED
Contact form: /contact.php