Terms & Conditions

1. Definitions

• • "Client" refers to any individual, business, or organisation that engages Bafna Digitech Solution for services.
• • "Services" refers to all digital services offered by us, including but not limited to web development, web design, SEO, digital marketing, social media management, Google Ads, mobile app development, and CRM solutions.
• • "Project" refers to any specific engagement defined in a signed Proposal, Statement of Work (SOW), or service agreement.
• • "Deliverables" refers to the specific outputs and materials created in connection with a Project.
• • "Intellectual Property" refers to all creative works, source code, designs, content, trademarks, and related materials.

2. Use of Website

By accessing our website, you agree to:

• • Use the website only for lawful purposes and in accordance with these Terms.
• • Not attempt to gain unauthorised access to any portion of the website or its underlying systems.
• • Not use automated systems (bots, scrapers, crawlers) to extract data from the website without written permission.
• • Not transmit any harmful, offensive, or infringing content through our forms or communication channels.
• • Not misrepresent your identity or affiliation when contacting us.

We reserve the right to terminate or restrict your access to the website at our sole discretion, without notice, for any violation of these Terms.

3. Service Engagement & Project Terms

3.1 Proposals and Agreements

All service engagements are governed by a written Proposal or Statement of Work (SOW) signed by both parties. The SOW supersedes any verbal discussions and defines project scope, timelines, payment terms, and deliverables.

3.2 Scope of Work

Any work outside the agreed scope is subject to a change order with additional fees. We will notify you of out-of-scope requests and obtain written approval before proceeding.

3.3 Client Responsibilities

Successful project delivery requires client cooperation. You agree to:

• • Provide timely access to required accounts, assets, content, and information.
• • Designate an authorised representative for decision-making and approvals.
• • Provide feedback within agreed review periods (typically 5 business days unless otherwise specified).
• • Ensure all content and materials you provide are owned by you or properly licensed, and do not infringe third-party rights.

3.4 Timelines

Project timelines are estimates based on timely client cooperation. Delays caused by late feedback, missing assets, or unclear requirements may extend the timeline without constituting a breach by us.

4. Payment Terms

All prices are in Indian Rupees (INR) and exclusive of applicable GST (18%), unless stated otherwise. GST will be applied as per prevailing Indian tax regulations.

We reserve the right to pause or suspend services for accounts with outstanding balances exceeding 30 days.

5. Intellectual Property Rights

5.1 Our Property

All content on our website — including text, graphics, logos, icons, images, and software — is the property of Bafna Digitech Solution and is protected under Indian copyright law. You may not reproduce, distribute, or create derivative works without our prior written consent.

5.2 Client Deliverables

Upon receipt of full payment, ownership of custom deliverables created for your project (e.g., website design, content, graphics) transfers to you. Until full payment is received, all deliverables remain our intellectual property.

5.3 Third-Party Assets

Deliverables may incorporate third-party assets (stock images, fonts, plugins, open-source code) licensed under separate terms. We will disclose such inclusions; the client assumes responsibility for maintaining applicable licences after project completion.

5.4 Portfolio Rights

Unless you request confidentiality in writing before project commencement, we reserve the right to feature your project in our portfolio, case studies, and marketing materials, including screenshots and results (with sensitive metrics anonymised if requested).

6. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the engagement. "Confidential Information" includes business strategies, client lists, financial data, technical specifications, and any information marked as confidential. This obligation survives termination of the engagement for a period of 2 years. Exceptions include information that is publicly available, independently developed, or required to be disclosed by law.

7. Warranties & Representations

7.1 Our Warranties

• • We will perform services with reasonable skill and care, consistent with industry standards.
• • We will not knowingly infringe third-party intellectual property rights in our work.
• • Completed websites receive a 30-day bug-fix warranty for issues directly attributable to our work (not third-party plugins or client-caused modifications).

7.2 Disclaimer of Warranties

We do not guarantee specific outcomes such as search engine rankings, leads generated, revenue increases, or advertising performance, as these depend on market conditions, algorithm changes, competition, and factors outside our control. All such projections are estimates only.

8. Limitation of Liability

To the maximum extent permitted by Indian law:

• • Our total cumulative liability for any claim arising from our services shall not exceed the total fees paid by you for the specific service giving rise to the claim, in the 3 months preceding the claim.
• • We shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, goodwill, or business opportunities.
• • We shall not be liable for delays or failures caused by third-party service providers, internet outages, government actions, or force majeure events.

Nothing in these Terms excludes liability for fraud, wilful misconduct, or any liability that cannot be excluded under applicable Indian law.

9. Termination

9.1 Termination by Client

You may terminate an ongoing engagement with 30 days' written notice. Upon termination, you are liable for all fees for work completed or in progress up to the termination date. Advance payments for unstarted work may be refunded at our discretion, less any administrative costs.

9.2 Termination by Us

We may terminate or suspend services with immediate effect and without liability if:

• • You fail to make payment within 30 days of the due date after a written reminder.
• • You engage in abusive, discriminatory, or harassing behaviour towards our staff.
• • You request work that violates applicable laws, regulations, or ethical standards.
• • You materially breach any provision of these Terms or the project SOW.

10. Refund Policy

Refunds are governed by the following principles:

• • Before Work Commencement: Full refund of advance payment if we have not started work within 5 business days of receiving payment (excluding processing fees).
• • After Work Commencement: No refund on work already completed. Partial refund may be considered for unstarted phases at our discretion.
• • Monthly Retainers: No refunds for work already performed in a billing period. Cancellations take effect from the next billing cycle.
• • Third-Party Ad Spend: Ad budgets spent on Google Ads or Meta Ads are non-refundable as these are charged directly by the respective platforms.

11. Dispute Resolution

In the event of a dispute:

1. Negotiation: Both parties agree to first attempt to resolve disputes through good-faith negotiation within 15 days of written notice of the dispute.
2. Mediation: If negotiation fails, either party may request mediation through a mutually agreed mediator in Pune.
3. Arbitration: Unresolved disputes shall be referred to binding arbitration in Pune, Maharashtra, under the Arbitration and Conciliation Act 1996.

These Terms are governed by the laws of India. The courts of Pune, Maharashtra shall have exclusive jurisdiction over any disputes not resolved through arbitration.

12. General Provisions

• • Entire Agreement: These Terms, together with any signed SOW or Proposal, constitute the entire agreement between the parties and supersede all prior negotiations.
• • Amendments: We may update these Terms periodically. Changes will be posted on this page with an updated date. Continued use of our services after changes constitutes acceptance.
• • Severability: If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force.
• • Waiver: Failure to enforce any provision does not waive our right to enforce it in the future.
• • Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.
• • Force Majeure: Neither party is liable for failure to perform obligations due to circumstances beyond reasonable control (natural disasters, government actions, pandemics, internet outages).

13. Contact Information