Terms & Conditions

Last Updated: November 2024

Introduction

Welcome to Bombay Softwares. These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the Bombay Softwares website and services (collectively referred to as "Service") operated by Bombay Softwares ("us", "we", or "our").

Please read these Terms and Conditions carefully before using our Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Service.

1. Acceptance of Terms

By accessing and using our website and services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by these Terms and Conditions, please do not use this Service.

2. Use of Service

Our Service allows you to access information about our software development services, contact us for inquiries, and potentially engage our services for software projects. You agree to use the Service only for purposes that are legal, proper, and in accordance with these Terms and all applicable laws and regulations.

3. User Accounts

When you create an account with us or use our services, you must provide accurate, complete, and up-to-date information. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring that you log out from your account at the end of each session

4. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of Bombay Softwares and its licensors. The Service is protected by copyright, trademark, and other laws of India and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. You may not:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service
• Use of the Service or access to the Service without express written permission
• Modify, create derivative works from, or reverse engineer any part of the Service

5. Services and Deliverables

Bombay Softwares provides custom software development, web development, mobile app development, and related technology services. Specific terms regarding:

• Project scope, timelines, and deliverables will be outlined in separate project agreements
• Payment terms, milestones, and schedules will be specified in individual contracts
• Ownership of developed code and intellectual property will be clearly defined
• Support and maintenance services will be detailed in service level agreements

6. Payment Terms

For services rendered, the following payment terms apply:

• Prices for services are subject to change with prior notice
• Payment is due as per the terms specified in the project agreement
• Late payments may incur additional fees or interest charges
• We reserve the right to suspend services for non-payment
• All fees are non-refundable unless otherwise stated in writing

7. Cancellation and Refund Policy

Project cancellations must be made in accordance with the terms specified in your project agreement. Refunds, if applicable, will be processed as per the following guidelines:

• Work already completed will be billed at the agreed-upon rates
• Advance payments for uncompleted work may be refunded subject to deductions for work in progress
• Cancellation requests must be submitted in writing
• Specific cancellation terms may vary based on individual project agreements

8. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary information shared during the course of the business relationship. This includes but is not limited to:

• Technical specifications and system architectures
• Business strategies and financial information
• Customer data and personal information
• Source code and proprietary algorithms

Confidential information shall not be disclosed to third parties without prior written consent, except as required by law.

9. Warranties and Disclaimers

We warrant that services will be performed in a professional and workmanlike manner. However, except as expressly stated otherwise:

• The Service is provided on an "AS IS" and "AS AVAILABLE" basis
• We make no warranties, expressed or implied, regarding the Service
• We do not warrant that the Service will be uninterrupted, timely, secure, or error-free
• We do not warrant the accuracy or reliability of any information obtained through the Service

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Bombay Softwares, its directors, employees, partners, agents, suppliers, or affiliates be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Loss of or damage to property
• Claims of third parties

Our total liability shall not exceed the amount paid by you for the specific service giving rise to the claim during the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Bombay Softwares and its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

12. User Content

Any information, materials, or content you submit to us through the Service becomes our property. By submitting content, you grant us a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and distribute such content for business purposes.

13. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Violating laws, regulations, or third-party rights
• Transmitting harmful code, viruses, or malicious software
• Attempting to gain unauthorized access to our systems
• Interfering with or disrupting the Service
• Using the Service for any illegal or unauthorized purpose
• Impersonating another person or entity
• Collecting or harvesting personal data from other users

14. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination:

• Your right to use the Service will immediately cease
• You must cease all use of the Service
• We may delete your account and any content associated with it
• All provisions which should survive termination shall survive

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in New Delhi, India.

16. Dispute Resolution

In the event of any controversy or dispute arising out of or relating to these Terms, the parties shall first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation, the parties agree to submit to binding arbitration in New Delhi, India, in accordance with the Arbitration and Conciliation Act, 1996.

17. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. The invalid provision shall be replaced with a valid provision that most closely approximates the intent of the original provision.

19. Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Entire Agreement

These Terms constitute the entire agreement between you and Bombay Softwares regarding the use of the Service and supersede all prior and contemporaneous written or oral agreements between you and Bombay Softwares.

21. Third-Party Services

Our Service may contain links to third-party websites or services that are not owned or controlled by Bombay Softwares. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of such third-party services.

22. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor disputes, governmental actions, or internet/telecommunications failures.

23. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

• Company Name: Bombay Softwares
• Address: WZ-908, Naraina Ring Rd, Block CB, Naraina Village, Naraina, New Delhi, Delhi 110028, India
• Email: info@bombaysoftwares.shop
• Phone: +91 8750148058

24. Acknowledgment

By using our Service, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them. If you do not agree with these Terms, you must not use our Service.