Terms of Service

These Terms and Conditions ("Terms," "Agreement") govern your access to and use of the website ashifbuilds.in ("Website") and the services provided by Ashif Builds ("we," "us," "our," or "Ashif Builds"), a digital agency headquartered in Pandaveswar, West Bengal, India. Our services include, but are not limited to, web development, mobile application development, UI/UX design, AI and machine learning automation services, and related digital solutions ("Services").

By accessing the Website, requesting a quote, entering into a project agreement, or using our Services, you ("you," "Client," or "user") agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

1. Services

1.1 Description. We provide custom digital solutions as described on our Website or in project proposals/quotes. Services are performed based on the scope agreed in writing (e.g., via proposal, statement of work/SOW, or contract).

1.2 Scope of Work. The specific deliverables, timelines, milestones, and requirements will be detailed in a separate project agreement, SOW, or quote accepted by both parties. Any changes must be agreed in writing and may result in adjustments to fees, timelines, or scope.

1.3 Client Responsibilities. You agree to:

• Provide accurate, complete, and timely information, content, materials, approvals, and feedback.
• Grant us necessary access, licenses, and permissions to perform the Services.
• Comply with all applicable laws, including data protection laws.

We are not responsible for delays or issues caused by your failure to meet these obligations.

2. Payment Terms

2.1 Fees. Fees are as specified in the quote, proposal, or SOW. All prices are in INR (or as agreed) and exclusive of taxes (GST, etc.), which you are responsible for. We operate on a 100% transparent pricing model.

2.2 Payment Schedule. Unless otherwise agreed:

• 30-50% advance/deposit upon acceptance.
• Milestone-based payments (e.g., 30% on design approval, 30% on development completion, balance on delivery).
• Final payment upon project completion and sign-off.

2.3 Invoicing and Payment. Invoices are due within 7 days (as specified). We reserve the right to suspend Services for non-payment.

2.4 Expenses. You reimburse reasonable out-of-pocket expenses (e.g., premium third-party tools/plugins, domain hosting) pre-approved in writing.

2.5 Taxes. You are responsible for all applicable taxes, duties, and levies.

2.6 Payment Processing & Delivery. After completing your payment, kindly close the payment page. We will contact you directly via the contact number or email address provided during checkout. If you purchased the Victor Source Code, you will receive the code delivery within one (1) hour of payment confirmation.

4. Intellectual Property

4.1 Pre-Existing IP. Each party retains ownership of its pre-existing intellectual property.

4.2 Client-Owned Deliverables. Upon full payment, we assign to you all rights, title, and interest in final deliverables specifically created for you under the project (e.g., custom code, designs, content), except for:

• Pre-existing materials, templates, frameworks, or third-party components we use (licensed to you on a non-exclusive, perpetual basis for the project).
• General know-how, tools, methodologies, or reusable code/components.

4.3 Our Rights. We retain rights to:

• Use anonymized project examples in our portfolio/marketing to showcase our work (unless you explicitly object in writing).
• Reuse non-proprietary code, templates, or techniques developed during the project.

4.4 Third-Party Materials. Any third-party software, libraries, APIs, or assets are subject to their licenses; we provide them "as is."

4.5 License Grant. You grant us a limited, non-exclusive license to use your materials solely to provide the Services.

5. Confidentiality

Both parties agree to keep confidential any non-public information disclosed during the engagement and use it only for the purpose of the Services. This obligation survives termination for 3 years (or longer for trade secrets).

6. Warranties and Disclaimers

6.1 Our Warranties. We warrant that Services will be performed in a professional, workmanlike manner consistent with industry standards.

6.2 Client Warranties. You warrant that all materials provided do not infringe third-party rights and comply with laws.

6.3 No Other Warranties. EXCEPT AS EXPRESSLY STATED, SERVICES AND DELIVERABLES ARE PROVIDED "AS IS." WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ERROR-FREE OPERATION.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, GOODWILL), EVEN IF ADVISED OF THE POSSIBILITY.
• OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU UNDER THE RELEVANT PROJECT IN THE 12 MONTHS PRECEDING THE CLAIM.
• WE ARE NOT LIABLE FOR DELAYS, FAILURES, OR ISSUES CAUSED BY THIRD PARTIES, YOUR ACTIONS, FORCE MAJEURE, OR INTERNET/TECHNICAL ISSUES.

8. Indemnification

You agree to indemnify, defend, and hold us harmless from claims, losses, liabilities, damages, costs (including reasonable attorneys' fees) arising from:

• Your breach of these Terms.
• Your materials/content infringing third-party rights.
• Your misuse of deliverables.
• Violation of laws by you.

9. Termination

9.1 By Either Party. For material breach (with 15-30 days' written notice to cure, except non-payment which is 7 days).

9.2 Effect of Termination. Upon termination:

• You pay all outstanding fees for completed work.
• We deliver completed deliverables (subject to full payment).
• Confidential information returned/destroyed.
• Survival of provisions: IP, confidentiality, payment, limitation of liability, indemnification, governing law.

9.3 Suspension. We may suspend Services for non-payment or breach.

10. Force Majeure

Neither party is liable for delays or failures due to events beyond reasonable control (e.g., natural disasters, war, government actions, pandemics, internet outages).

11. Governing Law and Dispute Resolution

11.1 Governing Law. These Terms are governed by the laws of India, without regard to conflict of laws principles.

11.2 Jurisdiction. Exclusive jurisdiction lies with courts in West Bengal, India.

11.3 Dispute Resolution. Any disputes first attempted to be resolved amicably within 30 days. Failing that, through arbitration in West Bengal under the Arbitration and Conciliation Act, 1996 (as amended), with one arbitrator appointed mutually.

12. Miscellaneous

12.1 Entire Agreement. These Terms (plus any SOW/project agreement) constitute the entire agreement, superseding prior understandings.

12.2 Amendments. Only in writing signed by both parties.

12.3 Severability. Invalid provisions do not affect others.

12.4 Assignment. You may not assign without our consent; we may assign to affiliates or in business transfers.

12.5 Waiver. No waiver unless in writing.

12.6 Notices. In writing via email or registered post to the addresses provided.

12.7 Independent Contractors. No partnership, joint venture, or agency created.

12.8 Compliance with Laws. Both parties comply with applicable laws, including the Digital Personal Data Protection Act, 2023 (DPDP Act) for personal data processing.

Contact Us

If you have any questions or require clarification regarding these terms, please contact us: