Terms of Service
These Terms of Service govern your use of TechUpwards' website and services. By engaging with us, you agree to the terms outlined below. Please read them carefully.
Table of Contents
1. Acceptance of Terms
By accessing our website at techupwardss.com, submitting a contact form, or entering into any business engagement with TechUpwards (“we”, “us”, “our”), you confirm that you have read, understood, and agree to be bound by these Terms of Service.
If you are entering into these terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms.
2. Services We Provide
TechUpwards offers a range of digital services including, but not limited to:
Web Development
Custom websites, web apps, and e-commerce platforms designed for performance and growth.
Digital Marketing
SEO, content strategy, paid campaigns, and conversion rate optimisation.
Business Automation
Workflow tools, custom integrations, dashboards, and process automation.
B2B & B2C Solutions
Portals, CRMs, client management tools, and scalable business platforms.
The specific scope, deliverables, timelines, and pricing for each project are governed by the individual proposal or service agreement provided at the start of an engagement.
3. Client Responsibilities
To ensure a smooth working relationship, clients agree to the following:
- Timely Feedback: Provide clear, consolidated feedback within agreed timelines. Delays in feedback may extend project timelines accordingly.
- Accurate Information: Supply all content, assets, credentials, and requirements needed to deliver the project, ensuring they are accurate and lawful.
- Lawful Use: Ensure that all content and materials provided do not infringe upon the intellectual property, privacy, or other rights of any third party.
- Payment Obligations: Make payments as agreed in the project proposal or invoice, by the specified due dates.
- Single Point of Contact: Designate a primary contact person who has authority to approve decisions and provide feedback on behalf of your organisation.
4. Payments & Billing
All payment terms are specified in the project proposal or invoice. The following general conditions apply:
- Deposit: Most projects require a 50% advance payment before work begins. This deposit is non-refundable once work has commenced.
- Milestone Payments: For larger projects, payments are structured across agreed milestones. Each milestone must be settled before work proceeds to the next phase.
- Late Payments: Invoices unpaid beyond the due date may attract a late fee of 2% per month. Work may be paused until outstanding balances are settled.
- Currency: All prices are quoted in Indian Rupees (INR) unless otherwise stated. International clients may be invoiced in USD.
- Taxes: Applicable taxes (GST or otherwise) will be added to invoices where required by law.
5. Intellectual Property
Intellectual property rights are a critical part of every engagement. Here is how ownership works:
Client-Owned (Upon Full Payment)
- All custom code, designs, and deliverables created specifically for your project
- Your brand assets, content, and materials you provide to us
- The final website or application in its delivered form
TechUpwards-Owned
- Proprietary frameworks, internal libraries, and development tools used to build your project
- Our methodologies, processes, and know-how
- Any work-in-progress not yet fully paid for
We reserve the right to showcase completed projects in our portfolio unless you specifically request confidentiality in writing before the project commences.
6. Confidentiality
Both parties agree to treat as confidential any proprietary information, business data, trade secrets, or sensitive details shared during the course of our engagement. This obligation survives the termination of any project or agreement.
Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.
7. Limitation of Liability
To the fullest extent permitted by applicable law:
- TechUpwards' total liability for any claim arising out of our services shall not exceed the total fees paid by the client in the 3 months preceding the claim.
- We are not liable for indirect, consequential, or incidental damages including loss of revenue, profits, or business opportunities.
- We are not responsible for third-party service failures (hosting providers, payment gateways, APIs) outside our direct control.
- We do not guarantee specific business outcomes, revenue targets, or search engine rankings from our work.
8. Termination
Either party may terminate an active engagement by providing written notice under the following conditions:
- By Client: You may terminate the project with 14 days written notice. You are liable for all work completed up to the termination date, which must be paid in full.
- By TechUpwards: We reserve the right to terminate an engagement immediately if payment obligations are not met, or if the client engages in abusive, unlawful, or unethical conduct.
- On Termination: All completed deliverables paid for will be handed over. Unpaid deliverables remain the property of TechUpwards.
9. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of West Bengal, India.
Both parties agree to attempt to resolve disputes amicably through direct negotiation before initiating any formal legal proceedings.
10. Contact Us
If you have any questions about these Terms of Service or wish to discuss a specific concern, please reach out. We are happy to clarify anything.