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📜 Sai Tek Services – Detailed Terms and Conditions

 

Effective Date: [May 2, 2024]

These Terms and Conditions (“Terms”) constitute a legally binding agreement between Sai Tek Services (“the Company”) and the individual or entity (“Client” or “you”) utilizing our IT consulting, software, managed services, and related technology products (“Services”).

 

1. Acceptance and Agreement Structure

 

  • Binding Nature: By executing a Statement of Work (SOW), subscribing to a service plan, or using any Service, you agree to these Terms and any accompanying documents (including the Privacy Policy).

  • Documentation Hierarchy: In case of conflict, the Executed SOW/Service Agreement shall prevail over these Terms.

 

2. Service Provision and Scope of Work

 

  • Service Definition: The specific scope, duration, deliverables, and fees for Services (e.g., custom development, cloud migration, support) will be defined in a mutually executed Statement of Work (SOW) or Service Agreement.

  • Acceptance of Deliverables: Deliverables are subject to the acceptance procedures defined in the SOW. If the Client fails to provide written rejection based on non-conformity to specifications within the period specified in the SOW, the deliverable is deemed accepted.

  • Service Suspension: The Company reserves the right to suspend Services immediately if the Client violates the Acceptable Use Policy (if provided), breaches payment obligations, or poses a material security risk to the Company or other clients.

 

3. Fees, Billing, and Payment

 

  • Pricing: Fees are calculated as detailed in the SOW, Service Agreement, or published pricing schedule. All quoted fees are exclusive of taxes (unless explicitly stated otherwise).

  • Payment Terms: Payment terms are strictly [Insert Days, e.g., Net 30 days] from the invoice date.

  • Late Payment: The Company may charge interest on overdue amounts at the lesser of [Insert Percentage, e.g., 1.5%] per month or the maximum rate permitted by law.

  • Reimbursable Expenses: The Client shall reimburse the Company for all reasonable pre-approved out-of-pocket expenses (e.g., travel, software licenses purchased on the Client’s behalf).

 

4. Intellectual Property (IP) and Licensing

 

  • Company IP: All software tools, proprietary methodologies, frameworks, and background IP owned by Sai Tek Services prior to or developed generally during the term remain the exclusive property of the Company (“Company IP”).

  • Custom Development IP (Default): Unless explicitly stated otherwise in the SOW, the Client shall own the IP rights in the final, complete, custom-developed source code (“Client IP”). The Company retains a worldwide, perpetual, royalty-free license to use, modify, and integrate the underlying Company IP components.

  • Licensed Software: For third-party software or open-source components used, the Client agrees to abide by the terms of the respective third-party licenses.

 

5. Client Data, Equipment, and Responsibilities

 

  • Data Ownership: The Client retains all rights, title, and interest in and to the Client Data.

  • Warranties: The Client warrants that it has all necessary rights and permissions to allow the Company to access and process the Client Data and equipment (servers, networks) as required to perform the Services.

  • Cooperation: The Client agrees to provide necessary cooperation, information, and physical/remote access promptly to prevent delays in the provision of Services.

 

6. Warranties and Disclaimers

 

  • Limited Warranty (Professional Services): The Company warrants that professional services will be performed in a professional manner in accordance with generally accepted industry standards.

  • Disclaimer (Products/Software): EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, ALL SOFTWARE, HARDWARE, AND HOSTING SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SAI TEK SERVICES EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The Company does not warrant that the Services will be error-free or operate without interruption.

 

7. Limitation of Liability and Indemnification

 

  • Limitation of Liability: SAI TEK SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES.

  • Total Liability Cap: THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO THE COMPANY FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT.

  • Indemnification: The Client agrees to indemnify and hold the Company harmless against all claims, damages, or expenses arising from any third-party claim related to the Client’s misuse of the Services or breach of data privacy laws.

 

8. Governing Law and Jurisdiction

 

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of [Insert the Country/Jurisdiction, e.g., India]. The parties agree that the courts located in [Insert the relevant city, e.g., Mumbai] shall have exclusive jurisdiction over any such dispute.

 

9. 📢 Notification and Communication Consent

 

By accepting these terms, you acknowledge and consent to receive notifications and promotional communications from us through various channels, including but not limited to email, mobile push notifications, SMS, RCS (Rich Communication Services), WhatsApp, or any other digital communication platforms.

If you prefer not to receive such updates or marketing communications, you may opt out by contacting us at info@saitekservices.shop.