The legal agreement governing your use of KesriByte's website, services, and products.
By accessing or using the KesriByte website ("Site"), engaging our services, or purchasing our products, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Site or services.
KesriByte agrees to provide the Services as described in the applicable Proposal, Statement of Work, or Service Agreement. Any changes to the scope of Services must be agreed upon in writing by both parties.
Each project will have a separate agreement outlining specific deliverables, timelines, pricing, and payment terms. In case of conflict, the specific Service Agreement shall prevail over these general Terms.
Clients may request changes to the scope of work. Such changes will be documented via Change Orders and may affect pricing and timelines. No changes shall be implemented without written consent from both parties.
You agree to:
Failure to meet these obligations may result in project delays or termination of Services without refund.
Upon full payment of all fees, KesriByte assigns to Client all rights, title, and interest in and to the Deliverables specifically created for Client under the applicable Service Agreement, excluding any pre-existing intellectual property, third-party components, or open-source software.
KesriByte retains all rights to its pre-existing intellectual property, including but not limited to: source code libraries, frameworks, methodologies, templates, tools, and proprietary software not specifically developed for Client.
Client retains ownership of all Client Content. Client grants KesriByte a non-exclusive, royalty-free license to use, reproduce, and modify Client Content as necessary to perform the Services.
Any third-party software, libraries, or assets used in Deliverables are subject to their respective licenses. Client agrees to comply with such licenses.
All fees are as quoted in the Proposal or Service Agreement. Payment terms are specified in each agreement.
Late payments may incur interest at 1.5% per month or the maximum allowed by law. KesriByte reserves the right to suspend Services for unpaid invoices.
Client is responsible for all applicable taxes, including GST, VAT, or sales tax, unless otherwise specified.
Deliverables will be delivered electronically or as specified in the Service Agreement. Delivery timelines are estimates and may be extended due to Client delays or unforeseen circumstances.
Client shall have 7 business days from delivery to review and accept Deliverables or provide written notice of deficiencies. Failure to respond within this period constitutes acceptance.
If Client identifies material defects, KesriByte shall correct them at no additional cost within a reasonable timeframe.
To the maximum extent permitted by law, KesriByte provides its Services and Products "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
KesriByte warrants that Services will be performed in a professional manner consistent with industry standards. For Deliverables, KesriByte warrants that they will substantially conform to the specifications for a period of 30 days from acceptance. This warranty excludes defects caused by modifications, misuse, or third-party software.
KesriByte does not warrant that the Services or Products will be error-free, uninterrupted, or free from viruses or other harmful components.
To the fullest extent permitted by law, KesriByte shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or related to these Terms or the Services.
KesriByte's total liability for any claim arising from these Terms shall not exceed the total fees paid by Client to KesriByte in the 6 months preceding the claim.
Client agrees to indemnify, defend, and hold harmless KesriByte, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
Either party may terminate these Terms for convenience with 30 days written notice. KesriByte may terminate immediately if Client fails to pay fees when due or breaches any material term.
Upon termination, Client shall pay for all Services rendered up to the termination date. KesriByte will deliver completed work for which payment has been received.
Sections relating to intellectual property, payment, warranty disclaimer, limitation of liability, and indemnification shall survive termination.
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Noida, Uttar Pradesh, India.
Before initiating legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation. If unresolved, disputes may be submitted to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996.
KesriByte reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site or Services after changes constitutes acceptance of the modified Terms. Material changes will be notified via email or Site notice.
If you have any questions about these Terms of Service, please contact us: