TERMS & CONDITIONS
Kvantum Tech Solutions
Revised Draft — for legal review before publishing
REVISION NOTE: This revised draft fixes duplicate clause numbering, softens the late-payment penalty language, balances the 6-month lock-in clause, adds a data protection (DPDP Act 2023) clause, clarifies GST treatment, and strengthens the acceptance mechanism. Have a contract lawyer review before publishing — this is not legal advice.
Welcome to Kvantum Tech Solutions. We are happy to see you here and are happy to offer you digital marketing and technology services. These Terms & Conditions ("Terms") govern your access to and use of our website, products, and services. By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree with any part of these Terms, please discontinue use of our website and services.
1. Company Information
Kvantum Tech Solutions
Email: info@kvantumtechsolutions.com
Phone: +91 9811661828, +91 9811663433
Website: kvantumtechsolutions.com
2. Our Services
Kvantum Tech Solutions provides professional technology and digital solutions, including but not limited to:
Website Design & Development
Mobile Application Development
Custom Software Development
Chatbots & Automation Solutions
Cloud Solutions
SaaS, IaaS, PaaS Services
UI/UX Design
Graphic Design & Branding
Search Engine Optimization (SEO)
Social Media Marketing
Enterprise Systems / Business Systems (such as HRS, CMS, ERP)
Google & Meta Ads
Content Writing
Technical Support & Maintenance
The scope of each project shall be defined separately in the quotation, proposal, invoice, or signed agreement.
3. Eligibility
By accessing our Website or engaging our Services, you confirm that you have the legal authority and capacity to enter into a binding agreement.
If you are acting on behalf of a company, organization, or any other legal entity, you represent that you are authorized to accept these Terms on its behalf.
Our Services are intended for individuals who are at least eighteen (18) years of age or for legally registered business entities. If you do not meet these requirements, you should not access or use our Services.
We reserve the right to refuse, suspend, or discontinue our Services if we reasonably believe that false, misleading, or unauthorized information has been provided during any stage of communication or engagement.
4. Acceptance of Proposal
A project shall be considered confirmed only after:
Written approval from the Client; and
Receipt of the agreed advance payment.
No work will commence until both conditions are fulfilled.
5. Client Responsibilities
The Client agrees to:
Provide accurate and complete project requirements.
Supply all necessary content, images, logos, credentials, and documents required for the project.
Review submitted work within 7 working days of receiving it. If no feedback is given within this period, the draft/milestone will be considered approved by the Client, and the project will move to the next phase.
Examine and authorize all project deliverables prior to final handover. Following formal acceptance and delivery, Kvantum Tech Solutions disclaims responsibility for the approved materials, except where we have inadvertently introduced factual, linguistic, or clerical inaccuracies.
Provide timely approvals and feedback.
Ensure that all materials provided do not infringe the intellectual property rights of any third party.
Maintain appropriate backups of their own data where applicable.
Project delays caused by incomplete information or delayed approvals may affect the agreed delivery timeline.
6. Pricing & Payment Terms
All quotations remain valid for the period specified in the proposal. Unless agreed otherwise in writing, the following terms apply:
Advance Payment: A deposit of 50% of the total project cost is required before work begins. This advance is non-refundable once project work has commenced, as it covers initial time, resource allocation, and opportunity cost. If the project is cancelled by the Client before any work has started, a 20% administrative/cancellation fee will be deducted from the advance, and the remaining balance shall be refunded within 15 working days.
Milestone Payments: The remaining balance is due according to the agreed project milestones or prior to final delivery/handover.
Late Payments: Invoices must be paid within 7 days of the invoice date. If payment is delayed beyond this period, Kvantum Tech Solutions reserves the right to pause work, suspend hosting/services, or withhold final deliverables (including source code and live deployment) until payment is received. An interest of 1.5% per month (18% per annum) will accrue on the outstanding balance from the due date until paid. If work is paused due to non-payment for more than 14 days, a one-time reactivation fee of ₹500 may apply when work resumes, to cover re-scheduling and re-allocation of resources.
Additional Work: Any work requested outside the original scope will be treated as a separate service with its own pricing and timeline.
Taxes: Unless expressly stated otherwise in the proposal or invoice, all quoted prices are exclusive of applicable taxes (including GST), which shall be charged additionally as per prevailing rates.
Pricing Changes: We reserve the right to update our pricing for future projects; this will not affect any agreements already accepted.
Project-specific pricing, schedules, and milestones will be detailed in the individual Proposal, Quotation, Invoice, or Service Agreement.
7. Project Timeline
Estimated timelines are based on:
Timely receipt of required information.
Prompt Client approvals.
No significant changes to the approved project scope.
Any delays caused by the Client may automatically extend the project delivery schedule.
8. Scope Changes
Any request beyond the approved project scope shall be treated as additional work, which may involve:
Revised timelines
Additional costs
Separate quotations
Work on additional requirements shall begin only after written approval from the Client.
9. Revisions
The number of complimentary revisions shall be as mentioned in the project proposal. Any revisions exceeding the agreed limit, or involving substantial redesign or redevelopment, may incur additional charges.
10. Intellectual Property Rights
Unless otherwise agreed in writing:
All intellectual property created during the project shall remain the property of Kvantum Tech Solutions until full payment has been received.
Upon full payment, ownership of the final approved deliverables shall transfer to the Client.
Source code, editable design files, development assets, or proprietary tools shall only be transferred if explicitly included in the project agreement.
Kvantum Tech Solutions reserves the right to showcase completed work in its portfolio, marketing materials, and case studies unless restricted by a written confidentiality agreement.
11. Minimum Service Commitment & Project Handover
Certain service packages offered by Kvantum Tech Solutions are provided on a monthly subscription or retainer basis and are designed as long-term service engagements rather than one-time project purchases.
Unless otherwise agreed in writing, these plans require a minimum commitment period of six (6) consecutive months. The monthly service fee covers the development of the website or digital assets as well as ongoing services included in the selected plan, such as maintenance, technical support, SEO, SMO, content updates, monitoring, and optimization.
If the Client discontinues the service before completing the minimum six (6) month commitment, all fees for the remaining months of the minimum commitment period shall become immediately due, in lieu of early termination.
Ownership transfer, source code, and administrative access (server, hosting, domain, admin accounts) shall be handed over once all outstanding invoices and applicable early-termination charges under this clause have been paid in full — regardless of whether the six-month period has been completed.
Where the Client wishes to exit before completing the minimum commitment and settle the account early, Kvantum Tech Solutions shall provide a written settlement statement within 7 working days of request.
Any exception to this policy shall be valid only if expressly agreed in writing by both parties.
12. User Generated Content
Where our Website or Services allow users to submit reviews, testimonials, comments, feedback, inquiries, files, or other materials, such submissions shall be considered User Generated Content ("UGC").
By submitting any content, you confirm that:
You own the necessary rights to submit the content or have obtained all required permissions.
The content does not infringe any copyright, trademark, privacy, or other legal rights of any third party.
The content is accurate, lawful, and does not contain misleading, defamatory, offensive, or unlawful material.
By submitting UGC, you grant Kvantum Tech Solutions a non-exclusive, royalty-free license to use, display, reproduce, publish, or reference the content for customer support, service improvement, marketing, or promotional purposes, unless otherwise agreed in writing.
We reserve the right to edit, reject, or remove any submitted content that violates these Terms or may adversely affect our users, business, or reputation.
13. Domain & Hosting Responsibilities
The Client explicitly acknowledges and agrees to the following regarding Domain Names and Web Hosting/Server space:
Renewal Fees: If Kvantum Tech Solutions purchases a domain or hosting/server on the Client's behalf, the Client is solely responsible for paying all future renewal fees. Kvantum Tech Solutions is not liable for any domain or server renewals after the initial purchase or initial project period.
Domain Expiry & Loss: Domain registration is subject to annual renewal. If the Client fails to make timely renewal payment, the domain may expire, be suspended, or be permanently lost or auctioned by the registrar. Kvantum Tech Solutions shall not be held liable for any resulting domain loss, expiration, or auctioning.
Server Suspension & Data Deletion: Timely payment of hosting/server invoices is the Client's sole responsibility. Non-payment may result in suspension or termination by the service provider, which can result in permanent deletion of website files, databases, emails, and backups stored on the server.
Backup Responsibility: While Kvantum Tech Solutions may take routine backups during the development phase, the Client is ultimately responsible for maintaining regular backups of website data and databases after project handover. Kvantum Tech Solutions is not responsible for data loss, file deletion, or business loss caused by server suspension/termination due to the Client's non-payment.
14. Third-Party Services
Projects may involve third-party platforms, software, plugins, APIs, hosting providers, payment gateways, cloud services, AI providers, or advertising platforms. The Client acknowledges that:
Separate licensing fees may apply.
Third-party pricing may change without notice.
Their individual terms and policies shall also apply.
Kvantum Tech Solutions is not responsible for downtime, service interruptions, policy changes, or technical issues arising from third-party providers.
15. SEO & Digital Marketing Disclaimer
While we follow industry best practices, we do not guarantee specific search engine rankings, sales, revenue, leads, website traffic, or advertisement performance. Results depend on numerous external factors beyond our control.
16. AI Services Disclaimer
Where Artificial Intelligence tools or chatbots are implemented:
AI-generated responses may occasionally contain inaccuracies.
Clients are responsible for reviewing important outputs before business use.
We recommend human verification wherever appropriate.
17. Data Protection & Privacy
Kvantum Tech Solutions shall process personal data shared by the Client in accordance with applicable data protection laws, including the Digital Personal Data Protection Act, 2023 (India), and our Privacy Policy.
The Client is responsible for ensuring it has a lawful basis to share any third-party personal data (e.g., end-customer data) with Kvantum Tech Solutions for the purposes of the project.
Access credentials, admin logins, and API keys shared with us shall be used solely for delivering the agreed Services and shall be safeguarded using reasonable security practices.
18. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of the project. Confidential information shall not be disclosed to third parties without prior written consent, except where required by law.
19. Limitation of Liability
To the fullest extent permitted by applicable law, Kvantum Tech Solutions shall not be held liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to the use of our Website, Services, or any project delivered by us. This includes, but is not limited to, loss of profits, revenue, business opportunities, goodwill, data, or reputation; business interruption; service downtime; cybersecurity incidents beyond our reasonable control; and failures or disruptions caused by third-party providers or external services.
Where liability cannot be excluded under applicable law, our total liability for any claim relating to a specific project or service shall be limited to the amount actually paid by the Client for that particular project or engagement giving rise to the claim.
20. Indemnification
You agree to indemnify, defend, and hold harmless Kvantum Tech Solutions, its directors, employees, affiliates, partners, and representatives from any claims, liabilities, damages, losses, expenses, or legal costs arising from:
Your breach of these Terms.
Your misuse of our Website or Services.
Your violation of any applicable law or regulation.
Any materials, data, content, or instructions provided by you that infringe the rights of a third party.
Any unauthorized or unlawful activities carried out using the services delivered by the Company after project handover.
This obligation shall survive the completion or termination of our engagement where applicable.
21. Suspension & Termination
We reserve the right to suspend or terminate services if:
Payments remain overdue.
The Client violates these Terms.
The Client requests unlawful or unethical work.
The Client engages in abusive, threatening, or inappropriate behaviour.
Required cooperation is not provided.
Upon termination, payment shall remain due for all work completed up to the termination date.
22. Force Majeure
Neither party shall be liable for delays caused by circumstances beyond reasonable control, including but not limited to natural disasters, floods, fire, earthquakes, government restrictions, internet outages, power failures, cyber incidents, war, and pandemic events.
23. Warranty
Unless otherwise agreed, a limited support period may be provided after project delivery as specified in the proposal. Warranty does not cover third-party changes, client modifications, hosting issues, security breaches caused by external parties, or misuse of the delivered product.
24. Website Availability
We strive to keep our website available at all times but do not guarantee uninterrupted or error-free access. Temporary downtime may occur due to maintenance, upgrades, or unforeseen technical issues.
25. Privacy
Your use of our services is also governed by our Privacy Policy. By using our services, you consent to the collection and processing of information as described in that policy.
26. Governing Law & Dispute Resolution
These Terms shall be governed by the laws of India. Any dispute arising out of these Terms shall first be attempted to be resolved amicably through mutual discussion within 30 days.
If unresolved, the dispute shall be referred to a sole arbitrator appointed mutually by both parties, conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be New Delhi.
Subject to the above, the courts in Delhi shall have exclusive jurisdiction.
27. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court or competent authority, that provision shall be interpreted only to the extent necessary to comply with applicable law. The remaining provisions shall continue to remain valid, enforceable, and unaffected.
28. Entire Agreement
These Terms & Conditions, together with any applicable Proposal, Quotation, Invoice, Privacy Policy, Service Agreement, or other written documents mutually accepted between the parties, constitute the complete understanding between the Client and Kvantum Tech Solutions regarding the Services. They supersede all prior discussions, negotiations, representations, or understandings relating to the same subject matter.
29. Assignment
The Client may not transfer, assign, delegate, or otherwise dispose of any rights or obligations under these Terms without our prior written consent. Kvantum Tech Solutions may assign or transfer its rights and obligations to any affiliated entity, successor, or business entity in connection with a merger, acquisition, restructuring, or transfer of business operations, provided such transfer does not materially reduce the Client's contractual rights.
30. Waiver
Any failure or delay by Kvantum Tech Solutions in exercising any right or remedy under these Terms shall not be interpreted as a waiver of that right. A waiver shall only be effective if made expressly in writing by an authorized representative of the Company. No waiver of any particular provision shall be considered a continuing waiver of any other provision or future breach.
31. Changes to These Terms
Kvantum Tech Solutions reserves the right to update or modify these Terms at any time. Material changes will be notified to active clients via email where practical. The latest version shall always be available on our website. Continued use of our services after changes take effect constitutes acceptance of the revised Terms.
Contact Us
For any questions regarding these Terms & Conditions, please contact:
Kvantum Tech Solutions
Email: info@kvantumtechsolutions.com
Phone: +91 9811661828, +91 9811663433
Website: kvantumtechsolutions.com
I have read, understood, and agree to be bound by the Terms & Conditions available at kvantumtechsolutions.com/terms.