Terms & Conditions

1. Definitions

• "Services" — any work, deliverable, product, or support provided by BDSD Technology.
• "Proposal" — a written quotation, estimate, statement of work (SOW), or scope document we share with you.
• "Deliverables" — the software, code, designs, content, or documents produced for you under an engagement.
• "Client Materials" — content, data, logos, credentials, and assets you provide to us.

2. Acceptance of Terms

By using our Services you confirm that you have read, understood, and agree to these Terms and all policies and procedures we publish. Where a separate signed agreement, proposal, or SOW exists between you and us, that document will prevail to the extent of any conflict with these Terms.

3. Eligibility

To engage our Services you must be at least 18 years old (or the age of majority in your jurisdiction) and have the legal authority to enter into a binding contract on behalf of yourself or the organisation you represent.

4. Scope of Services & Proposals

The specific scope, features, deliverables, milestones, timeline, and price of any engagement are defined in the applicable Proposal or SOW. Any work, feature, or service not expressly listed in the Proposal is considered out of scope. Estimates are based on the requirements available at the time and may be revised if requirements change.

5. Change Requests

Requests for changes, additions, or enhancements beyond the agreed scope ("Change Requests") will be assessed and may affect the cost and timeline. We will provide an estimate for approved Change Requests before proceeding, and additional charges may apply.

6. Client Responsibilities

• Provide complete, accurate requirements, content, and Client Materials in a timely manner.
• Provide timely feedback, reviews, and approvals at each project stage.
• Ensure you hold the rights/licences for any Client Materials supplied to us.
• Designate a point of contact authorised to make decisions and approvals.

Delays in feedback, approvals, payments, or required materials may impact the agreed timeline.

7. Payment Terms

• Fees, payment schedule, and milestones are set out in the Proposal/SOW.
• Projects typically require an advance payment before work commences, with the balance payable against milestones or on delivery.
• Invoices are payable within the period stated on the invoice. Late payments may attract suspension of work and/or interest as permitted by law.
• All fees are exclusive of applicable taxes (e.g. GST), which will be charged additionally where required.
• Third-party costs (e.g. hosting, domains, paid APIs, licences, ad spend) are billed separately unless stated otherwise.

8. Timelines & Delivery

Timelines provided are good-faith estimates and depend on timely client inputs, approvals, and payments. We are not liable for delays caused by factors outside our reasonable control, including delays attributable to the Client or to third-party providers.

9. Intellectual Property Rights

Upon full and final payment for an engagement, ownership of the custom Deliverables created specifically for you transfers to you, except for: (a) our pre-existing tools, libraries, frameworks, and know-how; (b) third-party and open-source components, which remain subject to their respective licences. We retain the right to reuse general skills, techniques, and non-confidential know-how. Until full payment is received, all Deliverables remain our property.

10. Third-Party Services & Licences

Our Services may incorporate third-party platforms, APIs, plugins, libraries, or hosting. Your use of such components is governed by the relevant third party's terms and licences, and we are not responsible for their availability, changes, pricing, or discontinuation.

11. Confidentiality

Each party agrees to keep the other's confidential information secure and to use it only for the purpose of the engagement. We treat your project information, data, and ideas as confidential and can provide a Non-Disclosure Agreement (NDA) on request. This obligation survives termination of the engagement.

12. Warranty & Support

We provide a limited bug-fix warranty period (as stated in the Proposal, typically 15–30 days after delivery) covering defects in the delivered work under normal use. This warranty does not cover issues caused by Client changes, third-party updates, hosting/server issues, new feature requests, or misuse. Ongoing maintenance and support are available under a separate maintenance/AMC agreement.

13. Acceptable Use

You agree not to use our website or Services to:

• Violate any applicable law or regulation, or infringe the rights of others.
• Distribute malware, attempt unauthorised access, or disrupt our systems.
• Reverse-engineer, resell, or misuse our proprietary materials without authorisation.

14. Disclaimer of Warranties

Our website and materials are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website or Services will be uninterrupted, error-free, or free of harmful components, though we endeavour to maintain high quality and reliability.

15. Limitation of Liability

To the fullest extent permitted by law, BDSD Technology shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profit, revenue, data, or goodwill, arising out of or related to the Services. Our total aggregate liability for any claim shall not exceed the total fees paid by you for the specific engagement giving rise to the claim.

16. Indemnification

You agree to indemnify, defend, and hold harmless BDSD Technology, its officers, employees, and affiliates from any claims, damages, losses, liabilities, or expenses (including legal fees) arising from:

• Your use of the Services;
• Your breach of these Terms;
• Any Client Materials or activities that infringe the rights of a third party.

17. Termination

Either party may terminate an engagement as provided in the Proposal or with reasonable written notice. We may suspend or terminate access to the Services if you breach these Terms or fail to make payment. On termination, you remain liable for all work completed and costs incurred up to the termination date, and any licences to unpaid Deliverables are revoked.

18. Data Protection & Privacy

We handle personal data in accordance with our Privacy Policy. You are responsible for ensuring you have a lawful basis to share any personal data of third parties with us in connection with the Services.

19. Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, internet or power outages, government action, strikes, or failures of third-party providers.

20. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India, with exclusive jurisdiction of the courts of Uttar Pradesh. The parties will first attempt to resolve any dispute amicably through good-faith discussion before pursuing legal remedies.

21. Changes to These Terms

We may update these Terms from time to time. The revised version will be posted on this page with an updated "Last updated" date. Continued use of our website or Services after changes constitutes acceptance of the revised Terms.

22. Contact Us

If you have any questions about these Terms, please contact us:

• BDSD Technology Pvt. Ltd.
• Email: info@bdsdtechnology.com
• Phone: +91-9354-581-321