Terms and Conditions

Effective Date: 01 January 2025
Last Updated: 13 December 2025

These Terms and Conditions (“Terms”) govern the access to and use of the website https://ingeniousnetsoft.com (“Website”) and the services provided by Ingenious Netsoft Private Limited (“Ingenious Netsoft”, “Company”, “we”, “us”, or “our”).

By accessing the Website or engaging our services, you (“Client”, “you”, or “user”) acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must not use our Website or services.

1. About the Company

Legal Name: Ingenious Netsoft Private Limited
Registered Address: D-151, Ground Floor, Industrial Area, Phase-8, Mohali, Punjab – 160071, India
Email: [email protected]

2. Scope of Services

Ingenious Netsoft provides IT and digital services including, but not limited to:

  • Website design and development
  • Mobile application development
  • UI/UX design
  • E-commerce development
  • SEO and digital marketing services
  • Content marketing and social media marketing
  • PPC and paid advertising management
  • Dedicated developer / resource hiring
  • Website maintenance and support
  • Custom software development
  • Consulting, audits, and technical advisory services

The exact scope, deliverables, timelines, and commercial terms shall be defined in a written proposal, agreement, statement of work (SOW), email confirmation, or invoice.

3. Engagement Models

Services may be provided under one or more of the following models:

  • Fixed-price projects
  • Milestone-based engagements
  • Monthly retainers (SEO, marketing, maintenance, etc.)
  • Dedicated resource / developer hiring (full-time, part-time, or hourly)
  • One-time consultations or audits

Unless otherwise agreed in writing, Ingenious Netsoft retains discretion over project execution methodologies.

4. Client Responsibilities

The Client agrees to:

  • Provide accurate, complete, and timely information, content, and approvals
  • Assign a single point of contact for communication
  • Respond to queries and feedback requests within reasonable timeframes
  • Ensure lawful use of services and deliverables

Delays caused by late feedback, missing content, delayed approvals, or changes in requirements shall not constitute a breach by Ingenious Netsoft and may result in timeline revisions or additional costs.

5. Payments, Invoicing & Refunds

5.1 Payments

  • Advance payments may be required before commencement of services
  • Payments must be made as per agreed milestones, retainers, or invoices
  • All fees are exclusive of applicable taxes unless stated otherwise

5.2 Refund Policy

  • For retainers or dedicated resources, refunds (if any) are limited to a maximum of one (1) week of payment, subject to review
  • Advance payment refunds are prorated, based on:
    • Work completed
    • Hours already spent
    • Resources allocated
    • Non-recoverable costs incurred
  • No refunds shall be provided for services already delivered or milestones approved

All refund decisions are at the reasonable discretion of Ingenious Netsoft. Ingenious Netsoft’s determination regarding refunds shall be final and binding.

6. Intellectual Property Rights

6.1 Ownership Model (Mixed Model)

Unless otherwise agreed in writing:

  • Upon full and final payment, the Client receives ownership of the final, custom deliverables created specifically for the Client
  • Ingenious Netsoft retains ownership of:
    • Pre-existing materials
    • Frameworks, libraries, tools, methodologies
    • Reusable components and non-confidential code
    • Know-how and general technical expertise

6.2 License

The Client is granted a perpetual, non-exclusive license to use retained components solely as part of the delivered solution.

6.3 Non-Payment

Until full payment is received:

  • All deliverables remain the property of Ingenious Netsoft
  • The Client is granted no ownership or license rights

7. Confidentiality & NDA

Both parties agree to maintain confidentiality of proprietary and confidential information.
Where a separate Non-Disclosure Agreement (NDA) is executed, its terms shall prevail.

8. Third-Party Tools & Services

  • Clients are responsible for third-party licenses, subscriptions, hosting, APIs, plugins, themes, ad accounts, and platforms
  • Ingenious Netsoft may procure third-party tools on Client request, with costs billed separately

Ingenious Netsoft shall not be liable for:

  • Downtime or failures of third-party services
  • API or platform changes
  • Policy changes by Google, Meta, Apple, hosting providers, or marketplaces

9. Change Requests & Scope Control

Any work outside the agreed scope constitutes a change request and may result in:

  • Revised timelines
  • Additional costs
  • Updated deliverables

Change requests must be approved in writing before execution.

10. Maintenance & Support

  • Maintenance and support services are provided on a best-effort basis
  • No guaranteed uptime or SLA is implied unless expressly agreed in writing
  • Ingenious Netsoft may suspend or terminate maintenance services for non-payment

11. Suspension & Termination

Ingenious Netsoft reserves the right to suspend or terminate services immediately in case of:

  • Non-payment
  • Breach of these Terms
  • Illegal, abusive, or unethical use of services
  • Security or reputational risks

Termination does not waive payment obligations for services already rendered.

12. Limitation of Liability

To the maximum extent permitted by law, Ingenious Netsoft’s total liability arising out of or related to services shall be limited to the lowest of:

  • Fees paid in the last three (3) months
  • Fees paid in the last six (6) months
  • Total project value

In no event shall Ingenious Netsoft be liable for:

  • Indirect, incidental, or consequential damages
  • Loss of profits, data, or business opportunities

13. Indemnification

The Client agrees to indemnify and hold harmless Ingenious Netsoft against claims arising from:

  • Client-provided content
  • Misuse of deliverables
  • Violation of laws or third-party rights

14. Disclaimer of Warranties

Services are provided on an “as-is” and “as-available” basis.
Ingenious Netsoft disclaims all warranties, express or implied, including fitness for a particular purpose or uninterrupted service.

15. Data Protection & Privacy

Personal data is processed in accordance with our Privacy Policy and applicable data protection laws.
Ingenious Netsoft implements reasonable security measures but does not guarantee absolute security.

16. Portfolio & Marketing Rights

Ingenious Netsoft may display the Client’s name, logo, and project details for portfolio and marketing purposes unless restricted by a signed NDA.

17. Force Majeure

Ingenious Netsoft shall not be liable for delays or failures caused by events beyond reasonable control, including natural disasters, government actions, internet outages, or third-party service failures.

18. Governing Law & Jurisdiction

These Terms are governed by the laws of India.
Courts located in Mohali / SAS Nagar, Punjab shall have exclusive jurisdiction.

19. Amendments

Ingenious Netsoft may modify these Terms at any time. Continued use of services constitutes acceptance of updated Terms.

Acceptance

By using our Website or services, you confirm that you have read, understood, and agreed to these Terms and Conditions.