Terms and Conditions
Cognizance of Charges:
The charges for services rendered by Khichdi Infotech shall be based on either the actual hours worked or a fixed contract, as agreed upon between the parties and specified in the Statement of Work or other relevant documents. Hourly rates for services shall be outlined in the contract. The Customer shall pay invoices in accordance with the payment terms specified in this Agreement.
For fixed contracts, Khichdi Infotech agrees to provide 60 days of free service for any bugs or issues identified after project completion. If the issue is determined to be caused by factors outside Khichdi Infotech's control, including but not limited to third-party software or services, Khichdi Infotech reserves the right to charge for any additional work required to address the issue, at the hourly rates specified in the fixed contract.
For both fixed and hourly contract types, any changes to the scope of work before project completion may result in an increase or decrease in the project cost. Khichdi Infotech will provide a revised estimate for the project cost based on the proposed changes. The Customer agrees to review and approve the revised estimate before any changes to the scope of work are implemented. Once approved, the revised project cost will be reflected in the final invoice.
For both fixed and hourly contract types, any kind of bug or issue relevant to the work originating from our side will be rectified at no additional cost to the Customer.
If the Customer provides access to their custom code, we will conduct testing with it. Otherwise, we will deliver the work using standard code and standard testing procedures. In cases where the Customer's custom development may lead to issues, we are not responsible for those issues.
In case we have to fix issues originating from the Customer's custom development, additional charges may apply. However, if the incurred charges are minor, no additional charges will be added.
For Software Development and Advisory Services:
This Service Agreement (“Agreement”) shall apply and govern the Statement of Work(s), project, letter of intent, or any other document (“SOW”) executed between Khichdi Infotech or any of its affiliates [specifically identified in the SOW] (“Consultant/Consultant”) and Customer, for the purpose of providing professional services (“Services”) or deliverables (“Deliverable”) for software development and consulting.
Payment Terms and Conditions:
Payment is due from the Customer within 15 days upon receipt of an invoice. In the event of non-payment of the Fees or expenses, Consultant shall be released from its obligations under this Agreement and shall retain rights to the outstanding Services. Consultant will furnish the necessary Hardware and Software as part of its standard package if required during the provision of offshore Services from Consultant’s locations in India. The Contractor’s association with the Company is that of an independent contractor, and this Agreement shall not be interpreted as creating a joint partnership, joint venture, agency, or employer-employee relationship.
Confidentiality Agreement:
Confidential information refers to any data disclosed by one party to another, encompassing documents, business strategies, source code, software, technical/ financial/ marketing/ customer/ business insights, specifications, analyses, designs, drawings, data, computer programs, personnel-related information, or information regarding Affiliates of a party. It also includes data disclosed by third parties at the direction of a Disclosing Party and marked as confidential within 15 days of disclosure. However, Confidential Information excludes any data that (i) is or becomes publicly known; (ii) is received by the Receiving Party from a third party without violating this Agreement; (iii) was already in the possession of the Receiving Party without confidentiality restrictions at the time of disclosure; (iv) is permitted for disclosure by the Disclosing Party in writing; (v) is independently developed by the Receiving Party without using Confidential Information; (vi) is required to be disclosed by the Receiving Party pursuant to any court, administrative, or governmental order or requirement, provided that the Receiving Party promptly notifies the Disclosing Party of such order or requirement and provides an opportunity to contest or seek an appropriate protective order. The Receiving Party agrees not to utilize any Confidential Information for any purpose except for conducting business with the Disclosing Party, or as otherwise agreed upon in writing.
Please note that this is a general interpretation and should be reviewed by a legal professional to ensure compliance with applicable laws and regulations.
Liability Limitation Provision:
In no event shall either party be liable to the other party for any damages, whether in contract, tort (including negligence), or otherwise, that exceed the total fees paid to Consultant under this Agreement. Neither party shall be liable for any indirect, special, consequential, or incidental damages, including but not limited to loss of revenue or business profits, even if advised of the possibility of such damages. These limitations of liability shall apply regardless of the failure of any limited remedy provided herein to achieve its essential purpose.
Termination provision:
Either party reserves the right to terminate this Agreement upon sixty (60) days' written notice to the other party. Furthermore, either party may immediately terminate this Agreement if the other party breaches any of its terms, provided such breach remains uncured for a period of 30 days from the date of receipt of notice. In the event of termination, Consultant shall be entitled to compensation for the Services provided on a pro-rata basis.
* All other points not explicitly mentioned here are covered in the detailed contract.