Swarajya Digitech — Terms of Service

Effective Date: 1-10-2023

Operator: Swarajya Digitech (“Company”, “we”, “us”, “our”)

Client / Customer: Any person, business, or entity purchasing services from Swarajya Digitech (“Client”, “you”, “your”).

1. Definitions

1. “Services” include website design, development, UI/UX, digital branding, automation, marketing, and related solutions offered by the Company.
2. “Project” means a specific plan or scope mutually agreed between Company and Client.
3. “Deliverables” include all outputs, code, content, and design produced by the Company.
4. “Price / Fee” means the total agreed project cost as shown on the official invoice.

2. Acceptance of Terms

1. By authorizing work or paying any advance, the Client accepts these Terms in full.
2. Reading and understanding these Terms before payment is mandatory and legally binding.
3. Any previous verbal or informal communication is superseded by this written Agreement.

3. Payments and Fees

1. Advance Payment: A minimum of 50 % of the total project amount must be paid in advance to initiate work. This amount is non-refundable once work commences.
2. Client Delays: If the Client fails to provide required inputs (information, approvals, OTPs, media, etc.) for more than three (3) business days, the Company may pause the project and invoice for work completed to date. If the delay continues beyond seven (7) days, the Company may terminate the project and require full payment of the agreed amount for reserved time and resources.
3. Late Payment Charges: Delays in clearing dues may attract 5 % weekly interest or ₹ 250 per day, whichever is higher.
4. Price Adjustments: The Company may revise prices due to technical errors, resource costs, or third-party price changes (e.g., hosting, domains).
5. Taxes: All applicable taxes and payment gateway charges are borne by the Client.

4. Client Responsibilities

1. The Client must supply accurate information, images, and content promptly.
2. Timely inputs directly affect quality and delivery schedules.
3. All revision or change requests must be sent via official WhatsApp or email during working hours only.
4. Expectations must match the selected plan’s price and scope.

5. Revisions & Plan Limits

Additional revisions beyond plan limits are chargeable at standard rates.

6. Delivery, Acceptance & Non-Payment

1. Client must review and confirm the final website within three (3) days of delivery.
2. Pending payments may lead to temporary suspension of hosting or access.
3. Non-payment after completion constitutes breach of contract and may trigger legal recovery proceedings.

7. Refund & Cancellation

1. No Refunds: Once work has started, payments are non-refundable.
2. Exception: If the Company is unable to deliver for internal reasons, a refund may be issued after deducting non-refundable third-party costs (domain, hosting, licenses).
3. Promotional “free hosting” or “free domain” benefits are temporary and subject to renewal fees.

8. Ownership & Intellectual Property Rights

1. Projects below ₹ 10 000 — Company retains 51 % ownership and administrative control; Client gets operational access only.
2. Projects around ₹ 12 000 — Client owns 80 %; Company retains 20 % for maintenance and backend functions.
3. Enterprise / Ultra-Enterprise projects — full Client ownership subject to service retainers.
4. Unauthorized transfers, code edits, or third-party development without written consent are prohibited.
5. Stock or copyrighted media remain credited to original creators; Client materials must be copyright-cleared.

9. Data Backup & File Preservation

1. Client is responsible for keeping copies of delivered files.
2. Company does not guarantee permanent backups after handover.
3. Restoration of lost files due to Client actions is chargeable.

10. Professional Conduct

1. Abusive, threatening, or defamatory communication toward Company staff will result in immediate termination without refund.
2. Company may retain payments and pursue legal remedies for misconduct.

11. Unauthorized Modifications & Penalties

1. Unauthorized website modification, resale, or hosting transfer violates these Terms.
2. Client must obtain written permission for third-party edits or migration.
3. Violations may lead to liquidated damages proportionate to actual loss, subject to applicable law.
4. These terms are enforceable under Indian law.

12. Scheduling & Workload Flexibility

Company may reschedule or delay projects for heavy workload, technical constraints, or personal emergencies after reasonable notice. Such delays do not constitute breach of contract.

13. Force Majeure

Company is not liable for delays or failures due to circumstances beyond its control — including natural disasters, cyberattacks, illness, pandemics, strikes, government actions, or internet outages.

14. Security & Credentials

1. All credentials shared by the Company are confidential.
2. Client must maintain security of login data; any breach caused by Client negligence is chargeable.
3. Privacy & OTP Handling: The Company may request temporary authentication codes or OTPs solely for verification or integration purposes and will not store or misuse such data. Personal information will be handled in accordance with our Privacy Policy and the Information Technology Act (2000).

15. Liability & Indemnity

1. Company will exercise reasonable skill and care but is not liable for indirect or consequential losses such as loss of profits or data.
2. Client indemnifies Company against claims arising from Client content or unauthorized use of Company assets.

16. Termination

1. Either party may terminate upon material breach not remedied within 14 days of notice.
2. Payments made before termination remain non-refundable.
3. On termination for Client breach, Company may disable access and retain ownership.

17. Communication & Payments

1. All official communication shall be through registered Company WhatsApp or email.
2. Payments must be made only to the verified Swarajya Digitech FanPay account or authorized gateway / UPI ID.
3. Third-party or fake payment claims will not be honored.

18. Amendments

Company may update these Terms periodically; continued use constitutes acceptance of the latest version.

19. Entire Agreement

This document, together with signed proposals and invoices, forms the entire agreement between the parties. If any clause is invalid, the remainder remains effective.