Last updated: 24 September 2025
1. Agreement
These Terms & Conditions ("Terms") govern your use of services provided by MobiTech Solutions ("Company", "we", "us"). By engaging our services, using our websites, or accepting a statement of work (SOW) or agreement, you agree to be bound by these Terms and any additional terms specified in a signed contract or proposal.
2. Definitions
- Client: The person or entity ordering or receiving services from us.
- Services: Development, design, consulting, maintenance, hosting, AI agent generation and other professional services described in proposals or invoices.
- Deliverables: Finished outputs (software, documentation, designs) produced for the Client.
3. Engagement & Proposals
All services begin after acceptance of a proposal, SOW, or purchase order and after any required deposit or milestone payment is received. The scope, timeline and price will be set out in the SOW. Any changes requested by the Client may require a change order and possible adjustments to price and timeline.
4. Fees, Payment & Taxes
- Invoices are issued per the agreed schedule in the SOW. Standard payment terms are due within 14–30 days unless otherwise agreed.
- Late payments may incur interest at a rate of 1.5% per month or the maximum permitted by law.
- Client is responsible for applicable taxes (GST for India-based invoices). For exports, appropriate documentation (LUT, FIRC) may be required.
5. Intellectual Property
Unless otherwise agreed in writing:
- We retain ownership of pre-existing intellectual property, tools, libraries, frameworks and reusable modules used to develop the Deliverables ("Company IP").
- Upon full payment, the Client receives a license to use the Deliverables for the agreed purpose. Transfer of copyright or exclusive rights must be specifically stated in the contract and may require additional fees.
- Clients grant us a limited license to use provided materials necessary to deliver services.
6. Confidentiality
Each party will keep confidential all non-public information disclosed in connection with the services and will not disclose it except to personnel who need to know or as required by law. Confidentiality obligations survive for five (5) years after termination of the engagement (or longer if required by applicable law).
7. Warranties & Disclaimers
- We warrant that we will perform services with reasonable skill and care consistent with industry standards.
- Except as expressly set forth, services and Deliverables are provided "as is" and we disclaim all other warranties, whether express or implied, including merchantability and fitness for a particular purpose.
8. Limitation of Liability
To the maximum extent permitted by law, our total aggregate liability arising from or related to the services will not exceed the total amount paid by the Client to us under the applicable SOW in the preceding 12 months. We will not be liable for any indirect, incidental, special, consequential or punitive damages.
9. Software Maintenance & Support
Maintenance and support are provided per the terms in the SOW or a separate support agreement. Response times, SLAs and charges for out-of-scope work will be defined in the support agreement.
10. Client Responsibilities
The Client will provide timely feedback, materials, access and approvals as needed. Delays caused by the Client may extend timelines; any extra cost due to delays may be billed to the Client.
11. Data, Privacy & Security
Where we process personal data on behalf of the Client, we act as a processor and follow documented instructions from the Client. The Client is responsible for ensuring they have lawful basis to process such personal data and for compliance with applicable data protection laws.
12. Subcontracting & Contractors
We may engage subcontractors, consultants or freelancers to perform services. We remain responsible for their work and will ensure confidentiality and compliance with these Terms.
13. Termination
- Either party may terminate for material breach if the other party fails to cure within a reasonable timeframe after written notice.
- On termination, the Client pays for work performed to date, and we will deliver all completed work and source files as agreed, subject to full payment.
14. Governing Law & Dispute Resolution
These Terms are governed by the laws of India. Parties agree to attempt to resolve disputes through good faith negotiations. If unresolved, disputes may be referred to arbitration or courts in the state where our registered office is located (please update this clause with your registered office location if needed).
15. Independent Contractors
Relationship between the parties is that of independent contractors. Nothing in these Terms creates an employment, partnership or agency relationship.
16. Force Majeure
Neither party is liable for delays or failures caused by events beyond reasonable control (natural disasters, acts of government, cyberattacks, strikes). Performance timelines will be extended accordingly.
17. Changes to Terms
We may update these Terms from time to time; we will publish changes on our website. Continued use of services after updates constitutes acceptance of the revised Terms. Where changes materially affect services, we will notify existing clients and seek agreement where required.
18. Contact & Notices
For any questions, notices or requests under these documents, contact:
MobiTech Solutions
Email:
info@mobitechsolutions.in