Terms of Service

1. Introduction

Welcome to TvaritaTech. These Terms of Service ("Terms") govern your use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you and TvaritaTech, a company incorporated under the laws of India.

2. Indicative Terms and Individual Contract Variations

2.1 Indicative and General Nature

IMPORTANT NOTICE: These Terms of Service are indicative, general, and illustrative in nature. They serve as a baseline framework for our business relationship and do not constitute the complete or final terms that will govern specific service engagements or contractual arrangements.

2.2 Case-by-Case Variations

TvaritaTech expressly reserves the absolute and unqualified right to modify, vary, supplement, supersede, or completely replace any or all provisions of these Terms on a case-by-case basis for individual contracts, service agreements, or client engagements. Such variations may include, but are not limited to:

Pricing structures, payment terms, and fee arrangements
Service scope, deliverables, and performance standards
Timeline, milestones, and project schedules
Intellectual property rights and ownership provisions
Liability limitations, warranties, and risk allocation
Termination conditions and notice requirements
Dispute resolution mechanisms and governing law
Confidentiality and data protection obligations
Any other commercial, technical, or legal terms

2.3 Precedence of Individual Agreements

In the event of any conflict, inconsistency, or ambiguity between these general Terms and any specific written agreement, contract, proposal, statement of work, or other documentation executed for a particular engagement ("Individual Agreement"), the provisions of the Individual Agreement shall prevail and supersede these Terms to the extent of such conflict or inconsistency.

2.4 Negotiation and Customization Rights

The Company reserves the right to negotiate, customize, and establish different terms and conditions for different clients, projects, or service categories based on factors including but not limited to:

Nature, complexity, and scope of services required
Client's business profile, creditworthiness, and relationship history
Market conditions, competitive considerations, and commercial viability
Risk assessment, liability exposure, and insurance considerations
Regulatory requirements and compliance obligations
Strategic business objectives and relationship goals

2.5 No Obligation for Uniformity

The Company is under no obligation to offer uniform terms to all clients or to maintain consistency across different engagements. Each contractual arrangement shall be evaluated and structured based on its individual merits and circumstances.

2.6 Framework for Preliminary Discussions

These Terms serve primarily as a framework for preliminary discussions and general understanding of our business approach. They do not constitute an offer to contract on these specific terms, nor do they create any binding obligations until superseded by a formal Individual Agreement executed by authorized representatives of both parties.

2.7 Legal Validity Under Indian Law

This provision is made in accordance with the Indian Contract Act, 1872, which recognizes the freedom of parties to negotiate and agree upon terms that suit their particular circumstances, subject to applicable legal requirements and public policy considerations.

3. Definitions

"Company," "we," "our," or "us" refers to TvaritaTech
"Services" refers to all IT services, consulting, software development, and related services provided by us
"User," "you," or "your" refers to any individual or entity using our services
"Website" refers to our website and any related applications or platforms
"Content" refers to all text, graphics, images, software, and other materials on our website

4. Acceptance of Terms

By accessing or using our services, you:

Acknowledge that you have read and understood these Terms
Agree to be bound by these Terms and all applicable laws
Confirm that you have the legal authority to enter into this agreement
Are at least 18 years of age or have parental/guardian consent

5. Services Description

TvaritaTech provides the following services:

Web Development: Custom website design and development
Digital Marketing: SEO, social media marketing, and online advertising
Server Solutions: Cloud hosting, server management, and infrastructure services
IT Consulting: Technology strategy, system integration, and digital transformation
Software Development: Custom applications and software solutions

Service descriptions are provided for general information purposes and may be modified without notice.

6. User Obligations and Responsibilities

6.1 General Obligations

You agree to:

Use our services only for lawful purposes and in accordance with these Terms
Provide accurate, current, and complete information
Maintain the confidentiality of your account credentials
Notify us immediately of any unauthorized use of your account
Comply with all applicable laws and regulations

6.2 Prohibited Activities

You agree not to:

Use our services for any illegal or unauthorized purpose
Transmit any harmful, offensive, or inappropriate content
Interfere with or disrupt our services or servers
Attempt to gain unauthorized access to our systems
Violate any intellectual property rights
Engage in any fraudulent or deceptive practices
Distribute spam, malware, or other harmful software

7. Service Agreements and Project Terms

7.1 Project Proposals

All projects begin with a detailed proposal that includes:

Scope of work and deliverables
Timeline and milestones
Pricing and payment terms
Technical specifications and requirements

7.2 Service Level Agreements

For ongoing services, we provide Service Level Agreements (SLAs) that define:

Performance standards and metrics
Response times for support requests
Uptime guarantees (where applicable)
Remedies for service failures

8. Payment Terms and Conditions

8.1 Pricing and Fees

All prices are quoted in Indian Rupees (INR) unless otherwise specified
Prices are subject to change with 30 days' notice
Custom quotes are valid for 30 days from the date of issue

8.2 Payment Schedule

Project-based services: Typically 50% advance, 50% on completion
Ongoing services: Monthly or quarterly billing as agreed
Payment due: Within 15 days of invoice date

8.3 Late Payments

Late payments may result in:

Late fees of 2% per month on outstanding amounts
Suspension of services until payment is received
Termination of agreement for payments overdue by 60+ days

8.4 Taxes

All fees are exclusive of applicable taxes, including GST, which will be added as per Indian tax laws.

9. Intellectual Property Rights

9.1 Our Intellectual Property

All content on our website is protected by copyright and other intellectual property laws
Our trademarks, service marks, and logos are our exclusive property
Our proprietary methodologies and frameworks remain our intellectual property

9.2 Client Intellectual Property

Clients retain ownership of their pre-existing intellectual property
Work products created for clients are transferred upon full payment
Clients grant us license to use their materials for project delivery

9.3 Third-Party Intellectual Property

We respect third-party intellectual property rights and expect our clients to do the same. Any use of third-party materials must comply with applicable licenses and laws.

10. Data Protection and Confidentiality

10.1 Confidentiality

We maintain strict confidentiality of all client information and data, in accordance with:

Information Technology Act, 2000
Personal Data Protection Bill (when enacted)
Industry best practices and standards

10.2 Data Security

We implement appropriate technical and organizational measures to protect data against:

Unauthorized access or disclosure
Accidental loss or destruction
Malicious attacks or breaches

11. Warranties and Disclaimers

11.1 Limited Warranty

We warrant that our services will be performed with reasonable skill and care in accordance with industry standards. This warranty is limited to:

Correcting defects in our work at no additional cost
Re-performing services that do not meet agreed specifications
A warranty period of 90 days from delivery (unless otherwise specified)

11.2 Disclaimers

EXCEPT AS EXPRESSLY STATED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS
UNINTERRUPTED OR ERROR-FREE OPERATION
SPECIFIC RESULTS OR OUTCOMES

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Our total liability for any claim shall not exceed the amount paid by you for the specific service
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
We shall not be liable for loss of profits, data, goodwill, or business opportunities
These limitations apply regardless of the legal theory of liability

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of these limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless TvaritaTech and its employees, officers, and affiliates from any claims, damages, losses, or expenses arising from:

Your use of our services in violation of these Terms
Your violation of any applicable laws or regulations
Infringement of any third-party rights by your content or materials
Any negligent or wrongful conduct by you or your representatives

14. Termination

14.1 Termination by Client

You may terminate services with 30 days' written notice. You remain liable for:

All fees for services provided up to the termination date
Any costs incurred on your behalf
Early termination fees (if applicable)

14.2 Termination by Us

We may terminate services immediately for:

Material breach of these Terms
Non-payment of fees
Illegal or harmful use of our services
Insolvency or bankruptcy proceedings

14.3 Effect of Termination

Upon termination:

All rights and obligations cease except those that survive termination
We will provide reasonable assistance for transition (at standard rates)
You must promptly pay all outstanding fees

15. Force Majeure

Neither party shall be liable for any delay or failure to perform due to events beyond their reasonable control, including:

Natural disasters, pandemics, or health emergencies
Government actions, regulations, or restrictions
Internet outages, cyber attacks, or technical failures
Labor strikes, transportation disruptions, or supply chain issues

The affected party must promptly notify the other party and make reasonable efforts to mitigate the impact.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of India, including:

Indian Contract Act, 1872
Information Technology Act, 2000
Consumer Protection Act, 2019 (where applicable)

16.2 Dispute Resolution

Any disputes arising from these Terms shall be resolved through:

Negotiation: Good faith discussions between the parties
Mediation: Assisted resolution through a neutral mediator
Arbitration: Binding arbitration under the Arbitration and Conciliation Act, 2015
Courts: Exclusive jurisdiction of courts in [Your City], India

17. Company Rights and Discretion

17.1 Absolute Discretion

TvaritaTech reserves the absolute right to exercise its discretion in all matters relating to these Terms, the provision of services, and the conduct of its business operations. This discretion includes, but is not limited to:

Determining the scope, quality, and manner of service delivery
Setting and modifying pricing, fees, and payment terms
Establishing and changing business policies and procedures
Accepting or rejecting service requests and client relationships
Terminating services or agreements for any reason
Interpreting and enforcing these Terms

17.2 Unilateral Decision-Making Authority

The Company may make unilateral decisions regarding any aspect of its services, operations, or relationship with users without requiring consultation, consent, or approval from any user, client, or third party. All such decisions shall be final and binding.

17.3 Right to Modify Services

We reserve the unrestricted right to modify, discontinue, suspend, or terminate any service, feature, or functionality at any time, with or without notice, for any reason or no reason, in our sole and absolute discretion.

17.4 Business Judgment

All decisions made by the Company shall be presumed to be made in good faith and in accordance with sound business judgment. Users agree not to challenge the Company's business decisions or exercise of discretion under these Terms.

18. Amendments and Modifications

18.1 Unilateral Right to Modify

TvaritaTech reserves the absolute and unconditional right to modify, amend, add to, delete from, or otherwise change these Terms of Service at any time and from time to time, in its sole and absolute discretion, without any prior notice, consent, or approval from any user, client, or third party. Such modifications shall be effective immediately upon posting on our website, regardless of whether users have actual notice of such changes.

18.2 Reasons for Modifications

Without limiting the generality of our right to modify these Terms, we may update these Terms to reflect:

Changes in our services, business practices, or operational requirements
Legal, regulatory, or compliance requirements under Indian or international law
Industry best practices, standards, or technological developments
Commercial considerations or strategic business decisions
Risk management or security considerations
Any other reason deemed appropriate by the Company in its sole discretion

18.3 Notice of Changes

While we may, in our discretion, provide notice of changes through:

Posting updated Terms on our website
Sending email notifications to registered users
Displaying prominent notices on our platform

Such notice is provided as a courtesy only and is not a legal requirement. The absence of such notice shall not affect the validity or enforceability of any modifications to these Terms.

18.4 Binding Effect and Acceptance

Your continued use of our services following any modification to these Terms constitutes your unconditional acceptance of such modifications. If you do not agree to any modifications, your sole remedy is to discontinue use of our services immediately. No modification to these Terms shall require your explicit consent or agreement.

18.5 No Limitation on Modification Rights

Nothing in these Terms shall be construed to limit our right to modify these Terms, including but not limited to any provision regarding notice periods, grandfathering of existing terms, or user consent requirements. This right to modify extends to all provisions of these Terms, including this modification clause itself.

19. Severability and Waiver

19.1 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

19.2 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

20. Supremacy of Company Rights

20.1 Overriding Authority

In the event of any conflict, ambiguity, or inconsistency between any provision in these Terms that grants rights to users and any provision that reserves rights to TvaritaTech, the provision favoring the Company's rights shall prevail and be given full effect.

20.2 Liberal Interpretation

All provisions of these Terms relating to the Company's rights, discretion, and authority shall be interpreted liberally and broadly in favor of the Company. Any ambiguity in language shall be resolved in favor of maximizing the Company's rights and minimizing any limitations on the Company's discretion.

20.3 Waiver of Formalities

Users hereby waive any requirement for the Company to follow specific formalities, procedures, or notice requirements (beyond those specifically mandated by Indian law) when exercising any rights or discretion under these Terms.

20.4 Conclusive Determinations

All determinations, interpretations, and decisions made by the Company regarding these Terms, the services, or any related matters shall be conclusive and binding upon all users, and shall not be subject to challenge or review except as specifically provided by mandatory provisions of Indian law.

21. Entire Agreement

These Terms, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between you and TvaritaTech regarding the use of our services.