Terms & Conditions

These terms do not override any signed Master Services Agreement, Statement of Work, proposal or purchase order between us and a client. Where a signed agreement says something different, the signed agreement applies to that project.

1. About these terms

These terms govern the use of this website and, unless a signed agreement says otherwise, the services Apovix Technologies provides to its clients. By engaging us or by using this website, you accept them.

Our services are offered to businesses and other organisations. They are not consumer goods and are not sold through this website — nothing on this site is an offer capable of acceptance, and no contract exists until it is agreed in writing under clause 4.

Registered name: Apovix Technologies Private Limited. Full company details are on our About page.

2. Definitions

• "We", "us", "Apovix" — Apovix Technologies.
• "Client", "you" — the business or organisation that engages us.
• "SOW" — a Statement of Work, proposal or equivalent document setting out the scope, timeline and price of a specific project.
• "Deliverables" — the software, code, designs, documentation and other materials we produce for the Client under an SOW.
• "Client Materials" — content, data, credentials, brand assets and anything else the Client supplies to us.

3. Services and scope

We provide custom software development, web development and AI solutions as described on our services section. Each engagement is bespoke.

The SOW governs the scope, not this page. What is included in a project, what it costs, what is delivered and by when are all set out in the SOW agreed for that project. Anything not written in the SOW is out of scope.

4. How a project starts

A project begins only when the following are complete:

1. We issue a written proposal or SOW setting out scope, timeline and price.
2. You accept it in writing — a signature or a plain email saying yes is enough.
3. You pay the advance stated in that SOW.
4. Work begins on the next working day.

If your organisation needs a purchase order raised before it can pay, that is your side of the process: tell us early, and treat the PO as part of step 3 rather than something that follows it.

We are not obliged to begin work, and no timeline commitment is binding, until those steps are complete.

5. Fees and payment

5.1 Payment schedule

Unless the SOW says otherwise, project fees are paid in three parts:

1. 40% in advance, on acceptance of the SOW.
2. 30% on completion of the mid-project milestone named in the SOW.
3. 30% before final handover.

The final instalment falls due before handover, not after it. We accept bank transfer (NEFT, IMPS or RTGS) and UPI.

5.2 Invoices

Invoices are payable within 15 days of the invoice date.

5.3 Late payment

If an invoice is not paid on time we may suspend work and withhold deliverables and handover until the account is settled. Interest accrues at 1.5% per month on any amount still outstanding after the due date, calculated from the due date until payment is received. We would far rather talk to you than charge it, and we will not apply it without telling you first — but it is here so that it can be applied.

5.4 Taxes

All fees are exclusive of GST and any other applicable taxes, which will be added at the prevailing rate where we are required to charge them. We are not currently registered for GST, so no GST is charged and our invoices are not GST invoices. If that changes we will tell you before it affects an invoice.

5.5 Third-party costs

Hosting, domains, paid APIs, licences, app store fees and similar third-party costs are not included in our fees unless the SOW says otherwise. These are normally billed to the Client directly by the provider, or recharged to the Client at cost.

6. Client responsibilities

Projects run to time only if both sides do their part. You agree to:

1. Give us a single named point of contact with authority to make decisions.
2. Supply content, data, brand assets and access credentials when we ask for them.
3. Give feedback and approvals within a reasonable time, so the project does not stall.
4. Ensure that Client Materials you give us do not infringe anyone else's rights and are lawful to use.
5. Maintain your own accounts with third-party providers where those are in your name.

If a project is delayed or stalled because we are waiting on you, timelines shift accordingly and we are not liable for the delay. Fees already invoiced remain payable.

7. Changes to scope

If you ask for work outside the agreed SOW, we will tell you before building it and quote the additional time and cost in writing. Work outside the SOW starts only once you approve that quote in writing. We will not silently absorb scope, and we will not silently bill for it either.

8. Delivery and acceptance

Deliverables are handed over as set out in the SOW. On delivery you have 7 working days to review the work against the SOW and report anything that does not match it.

If we do not hear from you within that period, or if you put the deliverable into live use, it is treated as accepted.

9. Warranty

We warrant that the work will be carried out with reasonable skill and care, and that the Deliverables will materially perform as described in the SOW.

For 30 days after delivery we will fix, at no charge, defects that cause a Deliverable not to work as described in the SOW.

The warranty does not cover:

• New features, changes of mind or anything outside the agreed SOW.
• Faults caused by changes made to the code by you or a third party.
• Faults caused by third-party services, hosting, browsers or operating systems changing or going down.
• Problems caused by incorrect data or misuse.

Beyond this express warranty, and to the extent permitted by law, we give no other warranties. Software is not warranted to be error-free.

10. Intellectual property

10.1 Client Materials

You keep ownership of everything you supply to us. You grant us a licence to use it for the purpose of carrying out the project.

10.2 Deliverables

On receipt of full payment for a project, ownership of the Deliverables built specifically for you under that SOW transfers to you. That includes the source code we wrote for the project, together with the designs and documentation produced for it. Until then, see clause 10.4.

This transfer does not extend to the materials described in clause 10.3, which remain ours and reach you as a licence.

10.3 Our pre-existing and reusable materials

Like any studio, we carry our own toolkit between projects: generic components, libraries, boilerplate, build scripts and internal tooling that existed before your project or that we develop for general use. These are not written for you and do not transfer to you.

Where any of it is included in your Deliverables, you get a perpetual, worldwide, non-exclusive licence to use, run and modify it as part of those Deliverables, for as long as you like. What you cannot do is extract it and licence or sell it on as a product in its own right. We remain free to keep using it on other work.

10.4 Payment condition

No rights in the Deliverables pass to the Client until all invoices for the project have been paid in full.

11. Third-party components

Our work normally includes open-source libraries and third-party services. These stay under their own licences and terms, which pass through to you. We are not responsible for a third-party service changing its pricing, terms or availability, or shutting down.

12. Portfolio and publicity

We may show the project, screenshots of it and your name in our portfolio, on this website and in proposals to other clients, unless you tell us in writing not to. You can ask us to take it down at any point, for any reason, and we will — that request does not have to be made before the project starts.

In either case we will not disclose anything the Client has marked confidential under clause 13.

13. Confidentiality

Each side agrees to keep the other's confidential information private, to use it only for the project, and not to disclose it to anyone else without permission. This includes business plans, data, pricing, credentials and source code.

This does not apply to information that is already public, that a party already lawfully knew, or that must be disclosed by law or by a court. This obligation continues after the project ends.

14. Data protection

Where we handle personal data belonging to you or your end users, you remain the Data Fiduciary and we act as a Data Processor on your instructions, in line with the Digital Personal Data Protection Act, 2023. How we handle personal data collected through this website is set out in our Privacy Policy.

Where a project requires it, a separate Data Processing Agreement will govern that handling, and it takes precedence over this clause.

15. Support and availability

Ongoing support, monitoring and small improvements after the warranty period are available on a monthly retainer, quoted separately.

We do not offer a service level agreement. There is no guaranteed uptime, no guaranteed response time and no guaranteed fix time unless one is expressly agreed in writing in a signed retainer. Where a retainer does set one, that retainer governs and this clause gives way to it.

We aim to reply to support requests within one working day, and in practice usually faster. That is how we work, not a contractual commitment, and nothing on this site or in our correspondence should be read as creating one.

Hosting uptime is the responsibility of the hosting provider, not of Apovix, unless a signed retainer says otherwise.

16. Limitation of liability

Nothing in these terms limits liability for fraud, or for anything that cannot lawfully be limited.

Subject to that:

1. Neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of goodwill or loss of anticipated savings.
2. Our total liability arising out of a project is limited to the total fees you have actually paid us under the relevant SOW in the twelve months before the claim arose. Where a project has run for less than twelve months, the cap is the total fees paid under that SOW to date.
3. We are not liable for loss of data where the Client has not maintained backups the SOW made the Client responsible for.

17. Term and termination

Either party may terminate a project by written notice if the other is in material breach and has not fixed the breach within 15 days of being told about it in writing. The notice has to say what the breach is, so the other side has a fair chance to put it right inside those 15 days.

Either party may also terminate a project for convenience — that is, for no reason at all — by giving 15 days written notice. We would rather you told us early that a project is not working than let it drift, and this clause cuts both ways.

On termination:

1. You pay for all work completed and all costs committed up to the termination date.
2. We hand over the work completed to that point, once outstanding invoices are paid.
3. Any refund is handled under our Refund & Cancellation Policy.
4. Clauses on confidentiality, intellectual property, liability and governing law survive.

18. Force majeure

Neither party is liable for failure or delay caused by events outside its reasonable control, including natural disasters, war, civil unrest, epidemics, strikes, extended internet or power outages, government orders and communication shutdowns. The affected party will notify the other as soon as it reasonably can, and timelines extend accordingly.

19. Governing law and jurisdiction

These terms and any project carried out under them are governed by the laws of India. The courts at Srinagar, Jammu & Kashmir have exclusive jurisdiction over any dispute, and both parties submit to that jurisdiction.

Before starting proceedings, both parties agree to attempt in good faith to resolve the dispute by discussion between the founders of Apovix and a senior representative of the Client.

20. Changes to these terms

We may update these terms as our business and the law change. The version published on this page at the time your SOW is signed is the version that applies to that project. Continued use of this website after a change means you accept the updated terms.

21. Contact

Questions about these terms: contact@apovix.online, or message us on WhatsApp.

Apovix Technologies
M-28, 1st Floor
Kandoora, Beerwah
Jammu & Kashmir 193411, India