Terms of Service

By accessing or using the website at www.nirvaninfotech.in or by engaging Nirvan Infotech ("Company," "we," "our," or "us") for any IT services, you ("User," "Client," or "you") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, incorporated herein by reference.

These Terms apply to all visitors, users, and clients who access or use our Services. If you are entering into these Terms on behalf of a company or legal entity, you represent that you have the authority to bind that entity.

Nirvan Infotech provides technology solutions and professional IT services to businesses, including but not limited to:

• Custom Web Development (websites, web applications, e-commerce platforms)
• Mobile Application Development (iOS and Android, native and cross-platform)
• Cloud Architecture, Migration, and Management (AWS, Azure, GCP)
• IT Consulting and Digital Transformation Advisory
• Cybersecurity Assessments, Implementation, and Monitoring
• UI/UX Design and Prototyping

The specific scope of services, deliverables, timelines, and fees for any engagement shall be defined in a separate written Statement of Work (SOW) or Service Agreement signed by both parties. In the event of any conflict between these Terms and a specific SOW, the SOW shall prevail with respect to that engagement.

By using our website and services, you agree to:

Website Use

• Use the website only for lawful purposes and in compliance with all applicable laws and regulations.
• Not attempt to gain unauthorized access to any portion of our website, servers, or systems.
• Not transmit any unsolicited commercial communications (spam) through our contact forms.
• Provide accurate, complete, and current information in all interactions with us.

Service Engagements

• Provide timely access to information, systems, and stakeholders necessary for project delivery.
• Designate a primary point of contact with authority to make project decisions.
• Review and provide feedback on deliverables within agreed-upon timeframes.
• Ensure that any materials, content, or data you provide to us do not infringe upon third-party intellectual property rights or violate any applicable law.
• Maintain appropriate backups of your data before engaging our migration or modification services.

Nirvan Infotech's IP

The Nirvan Infotech website, including its design, text, graphics, logos, and software (excluding deliverables created specifically for clients), is the exclusive property of Nirvan Infotech and protected by Indian copyright, trademark, and intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

Client Deliverables

Unless otherwise specified in a signed SOW, upon receipt of full payment:

• Custom code, designs, and digital assets created exclusively for a client project will be assigned to the client.
• Nirvan Infotech retains ownership of all pre-existing code libraries, frameworks, tools, and methodologies ("Background IP") used in the development of deliverables.
• Nirvan Infotech is granted a non-exclusive, royalty-free license to display completed work in our portfolio unless the client requests confidentiality in writing.

Third-Party Components

Projects may incorporate open-source software, third-party APIs, or licensed components. Such components remain subject to their respective license terms, which will be disclosed to the client.

Payment terms for service engagements are specified in individual SOWs or proposals. General payment terms include:

• Project-Based Work: Typically structured as milestone payments (e.g., 50% upfront, remaining upon completion), as specified in the SOW.
• Retainer/Monthly Services: Invoiced monthly in advance, due within 15 days of invoice date.
• Hourly Consulting: Invoiced bi-weekly based on hours logged, due within 15 days of invoice date.

Late Payments

Invoices not paid within the agreed timeframe may incur interest at 1.5% per month on the outstanding balance. Nirvan Infotech reserves the right to suspend or pause work on projects with outstanding overdue invoices exceeding 30 days.

Refund Policy

Due to the custom nature of IT services:

• Upfront deposits and milestone payments for work already completed are non-refundable.
• Refunds for future milestones not yet commenced may be considered at our discretion, subject to a project wind-down fee.
• Disputes regarding deliverable quality must be raised within 14 days of delivery for consideration.

Taxes

All fees are exclusive of applicable taxes, including GST as applicable under Indian tax law. Taxes will be added to invoices as required by law.

Both parties acknowledge that during the course of a service engagement, either party may disclose confidential information. Each party agrees to:

• Maintain the confidentiality of the other party's non-public information.
• Use confidential information only for purposes of fulfilling obligations under the engagement.
• Not disclose confidential information to third parties without prior written consent, except as required by law.
• Apply at least the same degree of care to protect the other party's confidential information as it applies to its own, but no less than reasonable care.

This confidentiality obligation survives the termination of any service engagement for a period of 3 years. Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law or court order.

Our Warranties

Nirvan Infotech warrants that:

• Services will be performed in a professional and workmanlike manner consistent with industry standards.
• We have the right to enter into service agreements and fulfill our obligations.
• Deliverables will materially conform to the specifications agreed upon in the SOW at the time of delivery.

For web and mobile deliverables, we provide a 30-day warranty period from the date of final delivery to fix bugs or defects that are a direct result of our work, at no additional charge.

Disclaimer of Warranties

To the maximum extent permitted by applicable law, Nirvan Infotech shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, data, goodwill, or business opportunities.
• Damages resulting from unauthorized access to or alteration of your data.
• Damages resulting from third-party services or software integrated into deliverables.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

Termination by Client

You may terminate a service engagement by providing written notice as specified in the applicable SOW (typically 30 days). In case of termination:

• You remain liable for all fees for work completed up to the termination date.
• Nirvan Infotech will deliver all completed work and work-in-progress materials to you upon receipt of outstanding payment.

Termination by Nirvan Infotech

We may terminate or suspend an engagement or your access to our website immediately, without prior notice, if:

• You breach any provision of these Terms and fail to cure the breach within 10 days of written notice.
• Payment obligations are not met and remain overdue for more than 30 days.
• You engage in conduct that is harmful, illegal, or damaging to our business or reputation.

Effect of Termination

Provisions of these Terms which by their nature should survive termination shall survive, including intellectual property rights, confidentiality obligations, warranty disclaimers, and limitation of liability.

You agree not to use our website or services for any of the following purposes:

• Any unlawful purpose or in violation of any applicable Indian or international law.
• To solicit others to perform or participate in any unlawful acts.
• To transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material (spam).
• To impersonate or attempt to impersonate Nirvan Infotech, our employees, another user, or any other person.
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website.
• To attempt to probe, scan, or test the vulnerability of our systems or breach any security measures.
• To scrape, crawl, or use automated means to access the website without our prior written consent.
• To develop competing products or services using proprietary methodologies or deliverables created by us.

These Terms of Service and any disputes arising out of or related to them or our services shall be governed by and construed in accordance with the laws of the State of Gujarat, India, without regard to its conflict of law provisions.

Dispute Resolution Process

• Negotiation: Parties shall first attempt to resolve any dispute through good-faith negotiations for a period of 30 days.
• Mediation: If negotiation fails, disputes shall be submitted to mediation conducted in Anand, Gujarat.
• Arbitration: If mediation is unsuccessful, disputes shall be resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India.

You agree that the courts of Anand, Gujarat shall have exclusive jurisdiction over any disputes that cannot be resolved through the above processes. Any legal action must be filed within one (1) year of the cause of action arising.

Nirvan Infotech reserves the right to modify these Terms of Service at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of this page.
• Notify active clients of material changes via email with at least 15 days' notice.
• Post a prominent notice on our website for significant changes.

Your continued use of our website or services after the effective date of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using our services.

We encourage you to review these Terms periodically. The current version of these Terms supersedes all prior versions.

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact our legal team: