Terms of Service

1.1 These Terms of Service (“Terms”) govern all services provided by Alchasys Technologies (“Company,” “we,” “us”) to you (“Customer,” “you”, "client"), including but not limited to website/application design and development, SEO, website hosting, IT services, and CTO As A Service.

1.2 By placing an order or engaging our services, you agree to these Terms. These Terms prevail over any conflicting terms you may present.

1.3 We may update these Terms from time to time. Material changes will be communicated to you in writing at least 30 days before they take effect, in accordance with applicable Indian consumer protection laws.

2.1 Quotations are valid for 30 days from issuance unless withdrawn earlier. No contract exists until we accept your order in writing.

2.2 You are responsible for ensuring that your order, specifications, and all materials you provide to us are complete and accurate.

2.3 Orders may not be cancelled, varied, or deferred without our written consent. If we agree to changes, you shall compensate us for any costs, losses, or expenses incurred as a result.

3.1 Every project delivered by Alchasys Technologies comes with a 18-month hosting, management, and maintenance commitment, which begins from the date of final project delivery.

3.2 Beyond the committed 18-month period, these services will continue to be rendered in exchange for a pre-agreed yearly charge. We reserve the right to revise these charges; any such revisions will be notified to you in writing via your provided communication channels at least six (6) months in advance.

3.3 Any changes in the product requirements must be informed prior to delivery and will be duly served in accordance with the agreed revisions documented in the provided Statement of Work (SOW).

3.4 Any changes, additions, or structural modifications requested after the delivery date may incur additional charges.

4.13 We will use reasonable efforts to maintain server uptime and resolve interruptions promptly, but we do not guarantee uninterrupted service. We are not liable for downtime caused by third-party infrastructure, power supply, or telecommunications failures.

4.14 You must not use hosted services for any unlawful purpose, including but not limited to: copyright or trademark infringement, distribution of offensive or illegal content, spamming, hacking, or any activity that violates Indian law, including the Information Technology Act, 2000.

4.15 If we reasonably believe your usage violates these Terms or applicable law, we may suspend or terminate service immediately.

5.1 Prices are as stated in our written quotation or order acceptance. All prices are exclusive of Goods and Services Tax (GST) and any other applicable taxes, which will be charged at the prevailing rate under Indian law.

5.2 Unless otherwise agreed in a separate written agreement, payment terms are strictly structured as follows:

• 30% non-refundable advance payment before the project commences;
• 30% during the development phase (which the Company reserves the right to demand as per project requirements and milestones); and
• 40% at the time of final delivery.

5.3 Payment is due within 7 days of the invoice date. Late payments will incur interest at the rate of 18% per annum, calculated daily until payment is received in full.

5.4 If you fail to pay on time, we may suspend services, withhold deliverables, cancel any agreed discounts, and recover all legal and collection costs from you.

6.1 Unless we agree otherwise in writing, all intellectual property rights in deliverables created by us (including designs, code, graphics, and content) remain the property of Alchasys Technologies.

6.2 Upon receipt of full payment, we grant you a non-exclusive, non-transferable licence to use the deliverables for their intended purpose. You may not modify, resell, or redistribute the source files or underlying code without our written consent.

6.3 You retain ownership of all materials you provide to us. By providing them, you confirm that you hold the necessary rights and licences, and you indemnify us against any claims arising from your materials infringing third-party intellectual property rights.

6.4 We reserve the right to feature completed work in our portfolio and promotional materials.

7.1 Each party will keep the other’s confidential information strictly confidential and will not disclose it to third parties without prior written consent, except where required by law, court order, or governmental regulation.

7.2 This obligation does not apply to information that is already public, already known to the receiving party, or independently developed without reference to confidential information.

8.1 Both parties shall comply with all applicable Indian data protection laws, including the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023 (DPDP Act).

8.2 Where we process personal data on your behalf, we act as a Data Processor. We will:

• Process data only in accordance with your instructions;
• Implement appropriate security safeguards to protect personal data;
• Notify you promptly in the event of a personal data breach;
• Not transfer personal data outside of India except in compliance with applicable law.

8.3 You are responsible for ensuring that you have obtained verifiable consent and possess a lawful basis for sharing any personal data with us.

9.1 We will perform services with reasonable skill and care. Any deficiency must be reported to us in writing within 14 days of completion. If valid, our sole liability is limited to re-performing the deficient services at no additional cost.

9.2 Our total aggregate liability arising from or in connection with any contract shall not exceed the total fees paid by you to Alchasys Technologies under that specific contract.

9.3 We shall not be liable for any indirect, consequential, punitive, or special losses, including but not limited to loss of profit, loss of business, loss of data, or loss of goodwill.

9.4 You shall indemnify us against all claims, losses, costs, and expenses arising from: (a) your breach of these Terms; (b) your instructions or provided materials; or (c) any third-party claims resulting from the services performed in accordance with your specifications.

11.1 Either party may terminate the contract by giving 30 days’ written notice.

11.2 Either party may terminate immediately by written notice if:

• The other party fails to pay any amount due within 14 days of written demand;
• The other party commits a material breach and fails to remedy it within 30 days of written notice;
• The other party becomes insolvent, enters insolvency resolution processes under the Insolvency and Bankruptcy Code, 2016, or is subject to any analogous procedure.

11.3 On termination, you must pay for all services performed up to the date of termination. Rights and obligations that by their nature survive termination (including confidentiality, intellectual property, and liability) shall continue in effect.

12.1 The parties shall first attempt to resolve any dispute arising from or in connection with these Terms through good-faith negotiation for a period of 30 days.

12.2 If the dispute is not resolved through negotiation, it shall be referred to and finally resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996.

12.3 The arbitration shall be conducted in English, and the tribunal shall consist of a sole arbitrator appointed mutually by both parties. The seat and venue of arbitration shall be Vadodara, Gujarat, India.

12.4 Nothing in this clause prevents either party from seeking urgent interim or injunctive relief from the competent Indian courts.

14.1 These Terms constitute the entire agreement between the parties and supersede all prior agreements, representations, and understandings.

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

14.3 Our failure to enforce any right under these Terms does not constitute a waiver of that right.

14.4 Notices must be in writing and delivered to the other party’s registered address or email address on record.

14.5 We may subcontract any part of the services without prior consent, provided we remain responsible for the performance of our obligations.