Terms & Conditions

I provide professional software development and technology services as an independent contractor. By accepting a proposal, engaging my services, or using this website to enquire about work, you agree to these terms.

These terms are made under and read alongside the Indian Contract Act, 1872, and other applicable laws. Where an engagement is governed by a separately signed proposal, statement of work, or services agreement, that document prevails over these terms to the extent of any conflict, and these terms fill any gaps.

• Deliverables — the software modules, configuration, deployment assets, and documentation created for you under an engagement.
• Background Technology — pre-existing frameworks, tools, reusable code libraries, utilities, and proprietary modules that I own.
• Go-Live Date — the date an application becomes accessible to end users on the production environment.
• Change Request — any modification or addition to the agreed scope of work.
• Third-Party Services — services from external providers, including payment gateways, shipping APIs, cloud hosting, analytics, and email providers.
• Confidential Information — non-public business, technical, or financial information disclosed by either party.
• Business Day — any day other than a Saturday, Sunday, or public holiday in Madhya Pradesh, India.

Services may include the design, development, integration, deployment, and limited hosting and maintenance of full-stack and e-commerce web applications; MCP servers and AI integrations; and related technical advisory. The exact services for any engagement are defined in the applicable proposal or statement of work, and I perform them with reasonable professional skill and care.

The scope of each engagement is defined in writing. Any functionality not expressly included is outside the scope. Any modification or addition to the agreed scope is a Change Request and may require additional fees and revised timelines, agreed in writing before the change is carried out.

You are responsible for providing, in a timely manner:

• accurate content, data, credentials, and approvals;
• the legality of your products, pricing, and statutory compliances;
• policy content for your website;
• required media, brand, and UI assets; and
• accurate, up-to-date inventory data.

Where third-party services are used, you are responsible for maintaining active, verified accounts (for example, payment gateway, shipping, and email providers), for renewing the domains involved, and for granting the access I need to operate them. I am not liable for failures arising from inputs, accounts, or approvals that you control.

Fees, milestones, and payment schedules are set out per engagement. Development fees are typically payable in advance and are non-refundable once work has commenced, except as described in the Refund & Cancellation Policy. Hosting and maintenance, where included, are billed in advance on a recurring basis.

Late payments may attract interest as stated on the invoice or in the applicable agreement, and may result in suspension of services. Hosting-related fees may be revised, with prior written notice, to reflect cloud-provider price changes, currency fluctuation, or scaling beyond agreed usage limits.

Fees are exclusive of GST and other applicable taxes unless stated otherwise; taxes are charged as required by law.

Delivery timelines run from the date you provide all required data, credentials, and access; delays attributable to you extend timelines accordingly. Unless otherwise agreed, you have 30 Business Days from delivery to conduct User Acceptance Testing and report defects in writing, which I will rectify within a reasonable time. If no written defect list is provided within that period, the Deliverables are deemed accepted.

Where hosting and limited maintenance are included, they cover items such as uptime and infrastructure monitoring, platform-level security updates and vulnerability patches, minor bug fixes that do not require architectural changes, and deployment and configuration support, subject to the usage limits stated in the engagement.

New features, redesigns, new integrations, major version upgrades or framework migrations, performance work beyond infrastructure configuration, and marketing, SEO, or content work are not included and are billed separately at mutually agreed rates. Maintenance may require brief planned downtime, communicated in advance where practicable. I do not guarantee any specific uptime or availability, as hosting depends on third-party infrastructure providers.

All Background Technology remains my exclusive property. Until all development fees and charges are paid in full, you receive only a limited, revocable licence to use the Deliverables for evaluation and testing. On full payment, all rights, title, and interest in the custom-developed Deliverables vest in you.

Cloud infrastructure accounts and deployment systems used during development remain under my administrative control unless otherwise agreed. On termination, and subject to settlement of outstanding dues, I will provide reasonable assistance to transfer production access to you. Developer-owned deployment tooling, DevOps scripts, and monitoring systems remain mine.

I retain the right to reuse general knowledge, techniques, and non-client-specific components. Unless you object in writing, I may reference and display an engagement in my portfolio and marketing materials.

An application may integrate with Third-Party Services such as payment gateways (for example, Razorpay), shipping and fulfilment APIs (for example, Shiprocket), cloud hosting, analytics, and email providers. These operate under their own terms, and I am not liable for their service outages, pricing changes, or policy changes.

I am not responsible for payment-gateway disputes, chargebacks, fraudulent transactions, or settlement delays, which are governed by the relevant provider. For platform and commerce operations, I am not responsible for user-generated content, misuse of the application, product claims you make, or the commercial transactions conducted through it. All business operations conducted through the application remain your sole responsibility.

For personal data processed through the Deliverables, you act as the Data Fiduciary and I act only as a technical processor under the Digital Personal Data Protection Act, 2023. I will implement reasonable technical and organisational safeguards to protect such data. You are responsible for the lawful collection and processing of personal data, for not using the Deliverables for any unlawful, fraudulent, or prohibited activity, and you indemnify me against claims arising from unlawful use of the Deliverables or violation of applicable laws.

Where I manage hosting, automated backups are maintained with a retention period of 30 days unless otherwise agreed. I am not liable for loss of data arising from infrastructure failures, third-party services, or client-side actions, and you are advised to maintain independent backups of critical data.

Each party keeps the other party's Confidential Information private and uses it only for the purpose of the engagement. Confidential Information is not disclosed to any third party without the other party's prior written consent, except where required by law. This obligation survives termination of the engagement for a period of three years. A separate NDA can be signed on request.

Services are provided with reasonable professional skill and care. Beyond that, the Deliverables are provided on an “as-is” and “as-available” basis. I do not guarantee uninterrupted operation or suitability for any particular business purpose. I am responsible only for delivering software that conforms to the agreed scope of work, and I am not responsible for your business performance, marketing outcomes, or revenue generation.

To the maximum extent permitted by law, my aggregate liability arising out of or in connection with any engagement shall not exceed the total development fees received for that engagement. I am not liable for misuse of data or the application, or for any statutory violation, by you or any third party. Neither party is liable for indirect, consequential, or special damages, including loss of profits or business interruption, whether arising from suspension, termination, or otherwise.

Each party indemnifies the other against losses arising from breach of its contractual obligations or statutory violations, including reasonable court, litigation, and attorney costs. The parties acknowledge that damages may not be a sufficient remedy for certain breaches, and the non-breaching party may seek specific performance or injunctive relief, as appropriate, in addition to any other remedies at law or in equity.

Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, pandemics, government action, or infrastructure failures.

I am not liable for cyber-attacks, hacking incidents, malware, unauthorised access, or security or data breaches caused by third-party systems, infrastructure providers, user negligence, or external malicious activity beyond my reasonable control.

During an engagement and for 12 months following its termination, you agree not to hire or directly engage any employee or subcontractor of mine involved in the engagement, except with my prior written consent.

If an invoice remains unpaid beyond the period stated in the engagement (typically 30 days), I may suspend services, with or without notice, and may restrict application access and revoke any temporary licence; such actions do not constitute a breach.

Either party may terminate an engagement on 30 days' written notice, or immediately for material breach. On termination or suspension, and subject to settlement of outstanding dues, I will provide access to the Deliverables and export of your data. Clauses relating to intellectual property, confidentiality, indemnity, limitation of liability, dispute resolution, and payment obligations survive termination.

These terms and any engagement are governed by and construed in accordance with the laws of India. Any dispute shall first be attempted to be resolved through good-faith negotiation within 30 days of written notice of the dispute.

Failing that, the dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, with the seat and venue at Indore, Madhya Pradesh, India and proceedings conducted in English. Subject to the arbitration agreement, the courts at Indore, Madhya Pradesh, India have exclusive jurisdiction, and either party may seek interim or protective relief from the competent courts there.

I act as an independent contractor; nothing in these terms creates an employment or partnership relationship. If any provision is held invalid, the remaining provisions remain in force. These terms may be accepted electronically, which is legally valid. I may update these terms from time to time; the version in effect when your engagement is agreed applies to that engagement, and the current version governs use of this website.

Questions about these terms? Email connect@devpoojit.dev. Registered entity: Devpoojit Verma, BG-329, Scheme No. 74-C, Vijay Nagar, Indore, Madhya Pradesh 452010, India. GSTIN: 23BSMPV9684G1ZW.