1. Scope of Engagement
These Terms and Conditions (“Terms”) constitute a legally binding agreement between UTILIPAY HUB (OPC) PVT LTD (“UTILIPAY HUB”, “Company”, “we”, “us”) and any client, individual, or commercial entity (“Client”, “you”) contracting for our digital engineering, website design, e-commerce development, custom software development, digital marketing, CA/tax compliance assistance, or business infrastructure solutions.
Each project scope is governed by these Terms and any written proposal, Statement of Work (SOW), or digital order confirmation agreed between the parties.
2. Commercial Terms & Advance Payment Structure
To allocate dedicated engineering resources, domain infrastructure, and start project sprints, work commences under the following commercial schedule:
- Advance Commitment Deposit: Clients must remit an advance payment (typically 30% to 50% of the contracted project value, or as stated in your approved SOW) prior to formal sprint kickoff. Sprints will not commence until funds are confirmed by our authorized payment gateway.
- Milestone Progress Invoices: For multi-phase projects, milestone invoices are issued upon completion of agreed deliverable stages (e.g. Design Approval, Alpha Release, Feature Completion).
- Final Balance Payment: The remaining project balance is strictly due upon final staging demonstration and prior to production domain DNS cutover or transfer of source code repository ownership.
- Taxes & Statutory Levies: All professional service fees are subject to Goods and Services Tax (GST) as applicable under Indian tax laws. Tax invoices are issued electronically for every payment received.
3. Milestone Delivery & Approvals
Development occurs in transparent, reviewable sprints. The Client is provided with access to private preview/staging URLs to test features and provide feedback. Staging environments and preliminary builds remain the exclusive property of UTILIPAY HUB until the account balance is settled in full.
The Client shall have seven (7) business days from delivery notification to review milestones and submit revisions. Absence of written objections within this period shall constitute deemed acceptance of the milestone.
4. Intellectual Property & Code Ownership
Full IP Transfer Upon Final Settlement:
Upon receipt of 100% full payment for contracted services, UTILIPAY HUB assigns all right, title, and interest in custom bespoke software code, database schemas, and tailored design deliverables created specifically for the Client.
Third-party open-source components, frameworks (such as Next.js, React, Tailwind CSS), and runtime dependencies incorporated into the deliverables remain subject to their respective open-source licenses (e.g. MIT, Apache 2.0).
5. Client Obligations & Communications
The Client agrees to:
- Furnish necessary text copy, brand identity guidelines, logos, and high-resolution media promptly to prevent sprint delays.
- Ensure that all assets, trademarks, and third-party materials provided to UTILIPAY HUB do not infringe any intellectual property rights.
- Designate an authorized project coordinator for milestone sign-offs and technical decisions.
6. Third-Party Services, APIs & Hosting
Projects may rely on third-party services (such as cloud hosting providers, domain registrars, payment gateways, messaging APIs, or maps). Any third-party subscription charges, usage quotas, or changes in third-party API terms are the sole responsibility of the Client.
7. Limitation of Liability & Warranty
We provide a complimentary 30-day technical bug-fix warranty from the date of production launch to rectify any defects or code deviations from the agreed specifications.
To the maximum extent permitted by applicable Indian law, UTILIPAY HUB shall not be liable for indirect, incidental, or consequential damages, loss of profits, business interruptions, or data losses. In any event, our total aggregate liability under any claim shall be limited to the total fees actually received by us for the specific project milestone giving rise to the claim.
8. Governing Law & 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 substantive laws of India.
The parties irrevocably agree that the competent courts situated in Mohali, Punjab, India shall have exclusive jurisdiction to settle any disputes or legal proceedings arising hereunder.
9. Registered Business Entity Details
Related Legal Policies & Compliance: