STANDARD TERMS AND CONDITIONS OF SALE
1. Definitions
1.1 Seller: SA POD IT Services LLP, a software service company located in Gautambudha Nagar, Uttar Pradesh, India.
1.2 Buyer: The individual or entity purchasing software services from the Seller.
1.3 Services: The software development, customization, implementation, or related services provided by the Seller to the Buyer.
1.4 Quotation: The detailed proposal provided by the Seller outlining the scope, deliverables, and specific terms related to the project.
2. General
2.1 These terms and conditions govern all sales and services provided by the Seller to the Buyer and take precedence over any conflicting terms proposed by the Buyer.
2.2 Any specific terms mentioned in the Quotation will override these general terms where applicable.
2.3 No modifications to these terms shall be valid unless agreed upon in writing by both parties.
3. Payment Terms
3.1 The Buyer agrees to the following payment schedule:
- 50% Advance Payment: Due at the time of project initiation.
- 30% Payment: Due upon the showcase of the deliverables as per the agreed milestones.
- 20% Payment: Due upon the final handover of the project.
3.2 All payments must be made via [specify payment methods, e.g., bank transfer, UPI, etc.] within [specify timeframe, e.g., 7 days] of receiving the invoice.
3.3 Delayed payments are subject to a late payment fee of [specify rate, e.g., "1.5% per month"].
4. Deliverables and Timeline
4.1 The Seller will make reasonable efforts to meet the agreed timeline, but delays caused by factors beyond the Seller's control will not constitute a breach of these terms.
4.2 The Buyer is responsible for providing timely feedback and required resources to avoid delays in project execution.
5. Warranty and Support
5.1 The Seller warrants that the Services will meet the specifications outlined in the Quotation.
5.2 The warranty does not cover issues arising from improper use, unauthorized modifications, or third-party interference.
5.3 Post-handover support, if required, will be subject to a separate agreement or as specified in the Quotation.
6. Cancellation and Refunds
6.1 If the Buyer cancels the project after initiation, the advance payment (50%) is non-refundable.
6.2 Refunds for incomplete work will be processed at the sole discretion of the Seller and only for services not yet delivered.
7. Ownership and Intellectual Property
7.1 Ownership of the software, source code, and related intellectual property rights will be transferred to the Buyer upon full payment and if agreed as part of contract.
7.2 The Seller reserves the right to retain a copy of the deliverables for internal reference unless prohibited by the Buyer.
8. Confidentiality
8.1 Both parties agree to keep all project-related information, trade secrets, and proprietary data confidential and not disclose it to third parties without written consent.
9. Limitation of Liability
9.1 The Seller’s liability for damages arising from the Services is limited to the amount paid by the Buyer under this agreement.
9.2 The Seller is not liable for indirect or consequential damages, including loss of profits or data.
10. Governing Law and Jurisdiction
10.1 These terms and conditions are governed by the laws of India.
10.2 Any disputes arising under these terms will be subject to the exclusive jurisdiction of the courts located in Gautambudha Nagar, Uttar Pradesh.