Standard Terms & Conditions of Sale and Service
- Our services are billed at an hourly rate, which may vary between clients.
- Timesheets will be provided for review and approval, outlining the hours worked. You are expected to pay based on the approved timesheets.
- Invoices are payable within 21 working days unless another payment timeframe is indicated on the invoice or order.
- In the event of non-payment by the due date, we reserve the right to apply a fixed interest charge amounting to 10% of the sum remaining due. Additionally, we reserve the right to suspend any ongoing services without prior warning until payment is received.
- If payment remains outstanding more than 60 days after the due date, we may engage a debt recovery service, with all legal and recovery costs borne by you.
- All custom Odoo apps or modules developed for you become your intellectual property upon full payment of the services provided.
- We agree to maintain strict confidentiality regarding all your data and information. Any disclosure of your information will only occur with your written consent or as required by law.
- Any claim or dispute must be notified to us by recorded delivery letter within 8 days of the service provision. Claims that do not meet this deadline will not be considered.
- All disputes will be addressed first through negotiation, and if unresolved, will be governed by the laws of India.
1. Introduction
This Agreement govern the services provided by Sandeep Kumar Varshney to the client. By engaging our services, you agree to this Agreement in full. If you do not agree with these terms, please do not use our services.
2. Scope of Services
We provide Odoo app and module development, functional and technical support, documentation, and database backup services. Services may be provided without specific deliverables or timelines and are often billed solely on an hourly basis.
3. Work Without Deliverables
For certain projects, there may be no agreed-upon deliverables or deadlines. In such cases, we will provide regular timesheets detailing the hours worked. These timesheets will form the basis of your payment obligation.
4. Client’s Standard Terms and Conditions
You explicitly waive your own standard terms and conditions, even if they are presented after this Agreement. Any deviations from this Agreement must be expressly agreed to in advance and in writing.
5. Changes and Revisions
If you request changes to the scope of services during the project, we reserve the right to adjust our hourly rate or charge additional hours for the requested revisions. All requests for revisions must be made in writing.
6. Rates, Timesheets, and Payment Terms
7. Withholding at Source
Certain countries may apply withholding taxes on the invoiced amounts according to their internal legislation. Any withholding taxes will be paid by you directly to the relevant tax authorities. Under no circumstances will we bear the cost of a country’s withholding tax. The full invoice amount remains due to us, exclusive of any such costs.
8. Suspension of Services
We reserve the right to suspend services without prior notice in the event of late payment. This suspension will remain in place until all outstanding payments are received in full.
9. Intellectual Property and Confidentiality
10. Limitation of Liability
We undertake to provide performant services in a timely manner in accordance with agreed timeframes. However, none of our obligations can be considered as a commitment to achieve specific results. We cannot, under any circumstances, be held liable for any indirect, special, incidental, or consequential damages (including lost profits or business interruption) arising from the use of our services. Additionally, we are not obligated to participate in any legal claims filed by third parties, such as end consumers, against you.
11. Claims and Disputes
12. Data Backup and Liability
We provide database backup services upon request. However, we are not responsible for data loss, corruption, or damage caused by your negligence, system failures, or unforeseen events. While we will make every effort to restore lost data, we do not guarantee its recovery.
13. Force Majeure
We will not be liable for delays or failures in performance caused by circumstances beyond our reasonable control, such as natural disasters, strikes, or other events considered as force majeure.
14. Governing Law and Jurisdiction
All contractual relations and disputes arising from this Agreement will be governed exclusively by the laws of India. Both parties agree to submit to the exclusive jurisdiction of the courts in India.