Terms of Service
Welcome to AppDeveloperIndia (“Company,” “we,” “our,” or “us”).
These Terms & Conditions (“Terms”) govern your access to and use of our website, services, and all business engagements carried out with AppDeveloperIndia.
By accessing our website, submitting an inquiry, signing a proposal, or engaging our services in any capacity, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree, you must refrain from using our website or services.
1. Definitions
For clarity throughout this document:
- “Client” refers to any individual, company, or organization engaging AppDeveloperIndia for services.
- “Services” refers to all offerings provided by AppDeveloperIndia, including developer hiring, staff augmentation, consulting, and software development.
- “Agreement” refers to any signed proposal, Statement of Work (SOW), Master Service Agreement (MSA), or contract executed between AppDeveloperIndia and the Client.
- “Deliverables” refer to work products, code, designs, documentation, or outputs agreed under a specific engagement.
2. Nature of Services
AppDeveloperIndia provides professional technology services, including but not limited to:
- Dedicated software developer hiring
- Team augmentation and extended engineering teams
- Custom web, mobile, and enterprise software development
- AI, data engineering, cloud, and automation services
- Consulting, maintenance, and post-deployment support
All services are delivered on a best-effort professional basis, aligned with industry standards and the scope defined in the Agreement.
Website descriptions are illustrative only and do not represent binding guarantees.
3. Eligibility & Authority
By engaging with AppDeveloperIndia, you confirm that:
- You are legally authorized to enter into a binding agreement
- You represent an organization with authority to approve budgets, timelines, and deliverables
- Any information provided is accurate and lawful
We reserve the right to decline or terminate service if eligibility or authority is misrepresented.
4. Engagement Structure & Scope Control
All engagements are governed strictly by written agreements. Any work outside the agreed scope will be considered out-of-scope and may require:
- Scope revision
- Timeline extension
- Additional fees
Verbal instructions, emails, or informal requests do not modify scope unless confirmed in writing by both parties.
5. Client Obligations & Cooperation
The Client agrees to:
- Provide clear, complete, and timely project requirements
- Assign a single point of contact for decisions and approvals
- Provide access to required systems, documentation, and resources
- Review deliverables within reasonable timelines
AppDeveloperIndia is not responsible for delays, rework, or cost overruns caused by incomplete inputs, changing requirements, or delayed approvals.
6. Pricing, Payments & Billing
6.1 Pricing
Pricing is determined based on:
- Engagement model
- Skill requirements
- Duration and scope
- Resource allocation
All prices are exclusive of applicable taxes unless stated otherwise.
6.2 Payment Terms
- Invoices must be paid within the agreed timeframe
- Late payments may result in paused work or restricted access
- Continued delays may lead to contract termination
Payments once made are non-refundable, except where explicitly stated in writing.
7. Resource Allocation & Substitution
AppDeveloperIndia reserves the right to:
- Replace resources due to availability, performance, or business needs
- Ensure replacements possess equivalent or higher skill levels
We aim to ensure continuity while maintaining delivery quality.
8. Intellectual Property Rights
8.1 Client Deliverables
Upon full payment, ownership of project-specific deliverables will be transferred as defined in the Agreement.
8.2 Pre-Existing IP
AppDeveloperIndia retains ownership of:
- Internal frameworks, libraries, accelerators, and tools
- Reusable components not built exclusively for a Client
Clients receive a limited, non-exclusive license to use such components only as part of the delivered solution.
9. Confidentiality & Non-Disclosure
Both parties agree to keep confidential all non-public information, including:
- Business strategies
- Technical data
- Source code
- Credentials and credentials access
Confidentiality obligations remain in effect even after termination of services.
10. Data Protection & Privacy
AppDeveloperIndia follows reasonable security practices to protect data shared during engagements. However:
- Clients are responsible for legal compliance of their data
- We are not liable for breaches caused by third-party platforms or client-side systems
- Data handling obligations may vary based on jurisdiction
Refer to our Privacy Policy for detailed data practices.
11. Third-Party Services & Dependencies
Projects may depend on third-party services, APIs, or platforms. AppDeveloperIndia:
- Does not control third-party availability or pricing
- Is not responsible for service interruptions or policy changes
- Does not guarantee long-term compatibility
Any costs related to third-party services are the Client’s responsibility unless agreed otherwise.
12. Warranties & Performance Disclaimer
While we strive for high-quality delivery:
- Software is provided without guarantees of error-free operation
- Performance outcomes depend on usage, infrastructure, and external factors
- No implied warranties are provided unless explicitly stated
All services are provided “as-is” and “as-available.”
13. Limitation of Liability
To the maximum extent permitted by law:
- AppDeveloperIndia shall not be liable for indirect or consequential damages
- Liability is limited to the fees paid for the specific engagement
- We are not liable for business losses, data loss, or downtime
This limitation applies regardless of claim type.
14. Termination of Services
Either party may terminate an engagement:
- With prior written notice as per the Agreement
- Immediately in case of material breach
Upon termination:
- All outstanding invoices become payable
- Work completed up to termination will be billed
- Confidentiality and IP obligations remain enforceable
15. Non-Solicitation of Personnel
During the course of the engagement and for a period specified in the applicable Agreement after its termination or completion, the Client agrees not to directly or indirectly solicit, hire, engage, or attempt to engage any employee, contractor, or consultant of AppDeveloperIndia who was involved in providing services to the Client.
This restriction applies regardless of whether the solicitation is direct or indirect, including through third-party recruiters, staffing agencies, or affiliated entities.
The purpose of this clause is to protect AppDeveloperIndia’s investment in recruitment, training, and talent management. If the Client wishes to hire any AppDeveloperIndia personnel, such hiring must be done only with prior written consent and may be subject to a placement or transition fee as defined in the Agreement.
This clause does not restrict general employment advertisements not specifically targeted at AppDeveloperIndia resources.
16. Force Majeure
AppDeveloperIndia shall not be held liable for any delay, interruption, or failure in performance of its obligations if such delay or failure results from events beyond its reasonable control (“Force Majeure Events”).
Force Majeure Events may include, but are not limited to:
- Natural disasters such as earthquakes, floods, or fires
- Pandemics, epidemics, or public health emergencies
- Acts of war, terrorism, civil unrest, or government actions
- Power failures, internet outages, or infrastructure breakdowns
- Labor strikes or workforce disruptions not under our control
In such events, AppDeveloperIndia will make reasonable efforts to resume services as soon as practicable. Timelines and obligations affected by Force Majeure Events will be extended accordingly, without penalty to either party.
17. Governing Law, Jurisdiction & Dispute Resolution
These Terms & Conditions, and any Agreement entered into between AppDeveloperIndia and the Client, shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
Any disputes, claims, or disagreements arising out of or relating to these Terms, the Services, or any Agreement shall be subject to the exclusive jurisdiction of the competent courts located in [Indore, India], unless otherwise mutually agreed in writing.
Before initiating formal legal proceedings, both parties agree to make a good-faith effort to resolve disputes through discussion or negotiation. This clause does not prevent either party from seeking injunctive or equitable relief where necessary.
18. Amendments, Severability & Entire Agreement
18.1 Amendments
AppDeveloperIndia reserves the right to update, revise, or modify these Terms & Conditions at any time to reflect changes in business practices, legal requirements, or service offerings. Updated Terms will be published on this page, and continued use of our website or services constitutes acceptance of the revised Terms.
18.2 Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed, and the remaining provisions shall continue in full force and effect.
18.3 Entire Agreement
These Terms, together with any signed Agreement, SOW, or proposal, constitute the entire understanding between the Client and AppDeveloperIndia and supersede all prior discussions, representations, or agreements, whether written or oral.
19. Contact Information
For questions regarding these Terms & Conditions, contact:
AppDeveloperIndia
Email: info@appdeveloperindia.com
Website: https://appdeveloperindia.com
