Terms and Conditions

These Terms and Conditions are effective as of 24 May 2024.

Introduction

Welcome to Mofusa Tech Solutions. These terms and conditions outline the rules and regulations for the use of Mofusa Tech Solutions' website, products, and services. By accessing or using our services, you agree to comply with and be bound by these terms and conditions. If you disagree with any part of these terms and conditions, please do not use our services.

Definitions

• Company: Refers to Mofusa Tech Solutions.
• Client: Refers to any individual, business, or entity that engages with the Company for its services.
• Services: Refers to all products and services offered by the Company, including but not limited to software development, web development, mobile app development, graphic designing, and Generative AI solutions.
• User: Refers to any person accessing or using the Company's website or services.
• Agreement: Refers to these terms and conditions, including any annexes, appendices, and amendments.

Services Provided

1. Web Development

Hosting and SSL Certificates

• The Company provides website hosting services through top domains such as GoDaddy, Bluehost, and Domain.
• A free SSL certificate is provided to clients as part of the hosting service.
• The Company reserves the right to change or expand hosting options based on client needs.

E-Commerce Solutions

• The Company develops e-commerce websites, including custom shopping carts, payment gateway integration, and inventory management systems.
• The Company ensures that e-commerce websites are secure, user-friendly, and provide a seamless shopping experience.

2. Mobile App Development

Cross-Platform Compatibility

• The Company develops mobile applications compatible with both iOS and Android platforms.
• The Company ensures that the applications provide a consistent user experience across different devices.

Support and Maintenance

• The Company offers 24/7 support and maintenance for all mobile applications developed.
• The Company addresses any issues and performs necessary updates to ensure the app remains in optimal condition.

3. Graphic Designing

Brand Identity Development

• The Company provides complete branding solutions, including color schemes, typography, and style guidelines.
• The Company aims to create a cohesive visual language that reflects the client’s brand personality and values.

Social Media Graphics

• The Company creates custom designs for major social media platforms such as Instagram, Twitter, and LinkedIn.
• The Company’s graphics are designed to engage with the client’s audience and enhance the brand’s visibility.

4. Generative AI Solutions

AI-Powered Chatbots

• The Company develops AI-powered chatbots that provide instant, 24/7 support to users.
• Chatbots are capable of handling inquiries, resolving issues, and guiding users through various processes with human-like responses.

Automated Workflows

• The Company offers GenAI solutions to automate repetitive tasks, reducing manual effort and increasing efficiency.
• Automated workflows can handle tasks such as data entry and customer follow-ups, allowing the client’s team to focus on strategic initiatives.

Client Responsibilities

• Clients must provide accurate and complete information necessary for the Company to deliver services effectively.
• Clients are responsible for maintaining the confidentiality of their account and password and for restricting access to their computer to prevent unauthorized access to their account.
• Clients agree to notify the Company immediately of any unauthorized use of their account or password or any other breach of security.

Payment Terms

• Payment for services is due upon receipt of the invoice unless otherwise agreed upon in writing.
• The Company reserves the right to suspend or terminate services if payment is not received within the agreed timeframe.
• Clients are responsible for any taxes, levies, or duties imposed by taxing authorities, and they agree to indemnify the Company for any such taxes, levies, or duties.

Refund and Cancellation Policy

• Clients may cancel services at any time by providing written notice to the Company.
• Refunds for services will be provided based on the following conditions:
• If the service is canceled before the commencement of work, a full refund will be issued.
• If the service is canceled after the commencement of work but before completion, a partial refund will be issued based on the work completed up to the cancellation date.
• No refunds will be issued for completed services.
• The Company reserves the right to cancel or refuse service to anyone at its discretion. If the Company cancels a service, a full refund will be issued.

Confidentiality

• Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the agreement.
• Confidential information shall not include information that is publicly known, already known to the recipient, independently developed by the recipient, or required to be disclosed by law.

Intellectual Property

• The Company retains all intellectual property rights to any pre-existing materials, tools, and methodologies used in providing the services.
• Upon full payment, the client will receive ownership of the final deliverables, excluding any pre-existing materials or third-party content.
• The Company grants the client a non-exclusive, non-transferable license to use any pre-existing materials included in the deliverables solely for the purpose for which they were provided.

Limitation of Liability

• The Company will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of its services.
• The Company's total liability to the client for any claim arising out of or in connection with this agreement will not exceed the amount paid by the client to the Company for the services in question.

Indemnification

• Clients agree to indemnify and hold the Company harmless from any claims, damages, liabilities, costs, and expenses arising out of or in connection with their use of the services or breach of these terms and conditions.

Amendments

• The Company reserves the right to modify these terms and conditions at any time. Clients will be notified of any changes, and continued use of the services after such modifications will constitute acceptance of the new terms.

Governing Law

• These terms and conditions are governed by and construed in accordance with the laws of the jurisdiction in which the Company is headquartered. Any disputes arising out of or in connection with these terms will be subject to the exclusive jurisdiction of the courts in that jurisdiction.

Client Onboarding and Project Initiation

1. Initial Consultation

• Needs Assessment: During the initial consultation, the Company will engage with the client to understand their specific needs, business objectives, and project requirements. This includes discussing the scope of work, timelines, budget, and desired outcomes.
• Proposal and Agreement: Based on the initial consultation, the Company will provide a detailed proposal outlining the scope of work, deliverables, timelines, and cost estimates. The client must review and approve the proposal to proceed. The proposal will form part of this agreement once accepted.

2. Project Planning

• Project Scope: The Company and client will collaboratively define the project scope, including detailed requirements, milestones, and deliverables. Any changes to the project scope must be agreed upon in writing and may require an adjustment to the project timelines and costs.
• Project Timeline: A detailed project timeline will be established, outlining key milestones and delivery dates. The Company will make reasonable efforts to adhere to this timeline; however, delays may occur due to unforeseen circumstances. The client will be informed of any significant changes to the timeline.
• Resource Allocation: The Company will allocate the necessary resources, including personnel and tools, to ensure the successful completion of the project. The client agrees to provide timely access to any resources, information, or personnel required from their side.

3. Development and Implementation

• Project Kickoff: A project kickoff meeting will be held to align all stakeholders and ensure a clear understanding of project goals, timelines, and responsibilities.
• Development Process: The Company will follow industry best practices and methodologies, such as Agile or Waterfall, depending on the project's nature and requirements. Regular updates will be provided to the client on the project's progress.
• Client Feedback: Regular feedback sessions will be scheduled to ensure the project aligns with the client's expectations. The client agrees to provide timely feedback and approvals to avoid project delays.

Testing and Quality Assurance

1. Internal Testing

• Functional Testing: The Company will conduct thorough functional testing to ensure that all features and functionalities work as intended. This includes unit testing, integration testing, and system testing.
• Performance Testing: The Company will perform performance testing to ensure that the software meets the required performance standards, including load testing, stress testing, and scalability testing.

2. User Acceptance Testing (UAT)

• Client Testing: Once the internal testing is complete, the software will be delivered to the client for User Acceptance Testing. The client will have a specified period to test the software and report any issues or defects.
• Issue Resolution: The Company will address any issues or defects identified during UAT in a timely manner. A final UAT sign-off will be required from the client before the project is considered complete.

Delivery and Deployment

1. Final Delivery

• Deliverables: Upon completion of UAT, the Company will deliver the final software, including all agreed-upon features and functionalities, to the client.
• Documentation: Comprehensive documentation, including user manuals, technical documentation, and training materials, will be provided to the client.

2. Deployment

• Deployment Plan: A detailed deployment plan will be created, outlining the steps for deploying the software to the production environment. This includes scheduling, resource allocation, and risk management.
• Deployment Execution: The Company will oversee the deployment process to ensure a smooth transition to the production environment. Any issues encountered during deployment will be promptly addressed.

Post-Deployment Support

1. Warranty Period

• Warranty Coverage: The Company offers a warranty period of [specified duration] from the date of deployment. During this period, the Company will fix any defects or issues arising from the development at no additional cost to the client.
• Warranty Limitations: The warranty does not cover issues arising from changes made to the software by the client or third parties, misuse, or external factors beyond the Company's control.

2. Ongoing Support and Maintenance

• Support Services: The Company provides ongoing support services, including bug fixes, updates, and enhancements. Support is available 24/7, and the client can contact the support team via [support channels].
• Maintenance Plans: The Company offers various maintenance plans tailored to the client's needs. These plans may include regular updates, security patches, performance optimization, and feature enhancements.

Data Protection and Privacy

1. Data Handling

• Data Collection: The Company collects only the data necessary to provide its services. Clients must ensure that any data provided to the Company is accurate and relevant to the services being rendered.
• Data Usage: The Company will use the client's data solely for the purposes of providing the agreed-upon services. Data will not be shared with third parties without the client's explicit consent, except as required by law.

2. Data Security

• Security Measures: The Company implements robust security measures to protect client data, including encryption, secure access controls, and regular security audits.
• Data Breach: In the event of a data breach, the Company will promptly notify the client and take all necessary steps to mitigate the impact and prevent future breaches.

Termination

1. Termination by Client

• Notice Period: The client may terminate the agreement by providing written notice [specified notice period] in advance.
• Outstanding Payments: The client agrees to pay for all
• services rendered up to the date of termination. Any outstanding payments must be settled within [specified timeframe] of termination.

2. Termination by Company

• Breach of Terms: The Company may terminate the agreement immediately if the client breaches any terms of this agreement.
• Force Majeure: The Company may also terminate the agreement if it is unable to perform its obligations due to circumstances beyond its control, such as natural disasters, strikes, or governmental actions.

3. Effects of Termination

• Return of Materials: Upon termination, the client must return any materials, documentation, or proprietary information belonging to the Company.
• License Revocation: Any licenses granted to the client under this agreement will be revoked upon termination.

Dispute Resolution

1. Negotiation

• Amicable Resolution: In the event of a dispute, both parties agree to first attempt to resolve the issue amicably through negotiation.

2. Mediation and Arbitration

• Mediation: If negotiation fails, the parties agree to attempt to resolve the dispute through mediation. The mediator will be selected by mutual agreement, and the costs will be shared equally.
• Arbitration: If mediation fails, the dispute will be resolved through binding arbitration in accordance with the rules of [specified arbitration body]. The decision of the arbitrator will be final and binding on both parties.

3. Legal Action

• Jurisdiction: If arbitration is not pursued, any legal action arising from this agreement will be subject to the exclusive jurisdiction of the courts in [specified jurisdiction].

Miscellaneous

1. Entire Agreement

• Integration Clause: This agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and representations, whether written or oral.

2. Severability

• Severability Clause: If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

3. Waiver

• No Waiver: The failure of either party to enforce any provision of this agreement will not be deemed a waiver of that provision or any other provision.

4. Assignment

• Non-Assignment: The client may not assign or transfer any rights or obligations under this agreement without the prior written consent of the Company.

5. Notices

• Notice Requirements: All notices required or permitted under this agreement must be in writing and delivered to the addresses specified in the introductory section or such other address as either party may designate in writing.

Acceptance

By using the services provided by Mofusa Tech Solutions, the client acknowledges that they have read, understood, and agree to be bound by these terms and conditions.

Project Management and Reporting

1. Communication Channels

• Designated Contacts: Both parties will designate a primary contact person to facilitate communication throughout the project. These individuals will be responsible for all communications, approvals, and decision-making processes.
• Regular Updates: The Company will provide regular updates on project progress through scheduled meetings, email reports, or project management tools. The frequency and format of these updates will be agreed upon during the project planning phase.
• Issue Escalation: Any issues or concerns that arise during the project should be promptly communicated to the designated contact person. If an issue cannot be resolved through standard communication channels, it will be escalated to higher management for resolution.

2. Project Tracking and Monitoring

• Project Management Tools: The Company may use project management tools to track project progress, assign tasks, and manage timelines. Clients may be given access to these tools to monitor the project's status and provide feedback.
• Milestone Reviews: Key project milestones will be reviewed and approved by the client. These reviews ensure that the project stays on track and meets the client's expectations. Any adjustments to the project plan will be documented and agreed upon by both parties.

Change Management

1. Change Requests

• Submission of Change Requests: Any changes to the project scope, deliverables, or timelines must be formally requested in writing. The change request should include a detailed description of the change, the reason for the change, and its impact on the project.
• Evaluation and Approval: The Company will evaluate the change request and provide an estimate of the additional costs and time required to implement the change. The client must approve the change request before any work on the change begins.

2. Impact on Project

• Adjustments to Timelines and Costs: Approved changes may result in adjustments to the project timelines and costs. The Company will provide a revised project plan reflecting these changes.
• Documentation of Changes: All approved changes will be documented and added to the project scope. Both parties will sign off on these changes to ensure mutual agreement and understanding.

Training and Knowledge Transfer

1. Training Programs

• Client Training: The Company offers training programs to ensure that the client's team is proficient in using the developed software or systems. Training can be conducted on-site or remotely, depending on the client's preferences.
• Training Materials: Comprehensive training materials, including user manuals, guides, and tutorials, will be provided. These materials will be tailored to the client's specific needs and the software's functionalities.

2. Knowledge Transfer

• Documentation: Detailed documentation covering the technical aspects, architecture, and codebase of the developed software will be provided. This documentation will enable the client's technical team to understand and maintain the software.
• Knowledge Transfer Sessions: The Company will conduct knowledge transfer sessions with the client's technical team to ensure a smooth handover of the project. These sessions will cover the software's architecture, code structure, and any custom implementations.

Compliance and Legal Considerations

1. Regulatory Compliance

• Adherence to Regulations: The Company ensures that all software and services provided comply with relevant industry regulations and standards. Clients must inform the Company of any specific regulatory requirements applicable to their industry or region.
• Data Protection Laws: The Company complies with data protection laws, such as GDPR, CCPA, and others, as applicable. Clients must ensure that any data provided to the Company is in compliance with these laws.

2. Legal Use of Software

• Software Licenses: The client is responsible for ensuring that any third-party software or components used in conjunction with the Company's services are properly licensed. The Company will inform the client of any third-party licenses required.
• Prohibited Uses: Clients agree not to use the software or services for any unlawful purposes, including but not limited to violating intellectual property rights, engaging in fraudulent activities, or distributing harmful or malicious content.

Confidentiality and Non-Disclosure

1. Confidential Information

• Definition: Confidential information includes any non-public information disclosed by either party that is marked as confidential or should reasonably be understood to be confidential based on the nature of the information.
• Obligations: Both parties agree to protect the confidentiality of the disclosed information and not to disclose it to any third parties without the prior written consent of the disclosing party.

2. Exclusions

• Public Domain: Confidential information does not include information that is or becomes publicly known through no breach of this agreement.
• Independent Development: Confidential information does not include information that is independently developed by the receiving party without reference to the disclosing party's confidential information.

Intellectual Property Rights

1. Ownership of Deliverables

• Custom Software: Upon full payment, the client will own all rights to the custom software developed specifically for them. This includes the source code, executable code, and any related documentation.
• Pre-existing Materials: The Company retains ownership of any pre-existing materials used in the development of the software. The client is granted a non-exclusive, non-transferable license to use these materials solely for the purposes of the project.

2. Third-Party Components

• Licensing Requirements: The client is responsible for obtaining and maintaining any necessary licenses for third-party components used in the software. The Company will inform the client of any third-party components included in the project.
• Integration and Compatibility: The Company will ensure that any third-party components integrated into the software are compatible and
• function as intended. However, the Company is not responsible for any issues arising from third-party software updates or changes.

Performance Guarantees

1. Service Level Agreements (SLAs)

• Uptime Guarantee: The Company guarantees a specified level of uptime for hosted services. Details of the uptime guarantee and any associated penalties for non-compliance will be outlined in a separate SLA document.
• Response Times: The Company commits to specific response times for support requests based on their severity. These response times will be detailed in the SLA and may vary depending on the client's support plan.

2. Performance Metrics

• Performance Benchmarks: The Company will define performance benchmarks for the software, including load times, transaction processing speeds, and other relevant metrics. These benchmarks will be agreed upon with the client and documented in the project plan.
• Monitoring and Reporting: The Company will monitor the software's performance and provide regular reports to the client. Any performance issues will be promptly addressed to ensure the software meets the agreed-upon benchmarks.

Miscellaneous Provisions (Continued)

1. Force Majeure

• Definition: Force majeure events include natural disasters, acts of terrorism, government actions, labor disputes, and other events beyond the reasonable control of either party.
• Impact on Obligations: Neither party will be held liable for any delay or failure to perform their obligations under this agreement due to a force majeure event. The affected party must notify the other party promptly and take reasonable steps to mitigate the impact of the event.

2. Independent Contractors

• Relationship of Parties: The relationship between the Company and the client is that of independent contractors. Nothing in this agreement creates an employer-employee relationship, partnership, or joint venture between the parties.
• No Authority to Bind: Neither party has the authority to bind the other party or incur any obligations on their behalf without prior written consent.

3. Publicity and Marketing

• Use of Client's Name: The Company may use the client's name and logo in its marketing materials, case studies, and on its website to showcase the work done for the client. The client must provide written consent for this use.
• Press Releases: Any press releases or public announcements regarding the project must be approved by both parties before release.

4. Survival of Terms

• Survival Clause: The provisions of this agreement that by their nature should survive termination or expiration, including but not limited to confidentiality, intellectual property rights, and indemnification, will remain in effect after the termination or expiration of this agreement.

Payments and Billing

1. Payment Terms

• Invoices: The Company will issue invoices according to the agreed-upon payment schedule in the proposal. Invoices will include a detailed breakdown of services rendered and associated costs.
• Payment Due Date: Payments are due within [specified number of days] days from the date of the invoice. Late payments may incur interest at the rate of [specified interest rate] per month, or the maximum rate permitted by law, whichever is lower.
• Currency: All payments must be made in [specified currency]. The client is responsible for any currency conversion fees or exchange rate fluctuations.

2. Payment Methods

• Accepted Methods: The Company accepts payments via bank transfer, credit card, PayPal, or other agreed-upon methods. Payment details will be provided on the invoice.
• Recurring Payments: For ongoing services, such as maintenance or hosting, the client may set up recurring payments. The client will be notified of any changes to the recurring payment amount at least [specified period] in advance.

3. Disputed Charges

• Dispute Process: If the client disputes any charges, they must notify the Company in writing within [specified number of days] days of the invoice date. Both parties will work in good faith to resolve the dispute promptly.
• Undisputed Charges: The client agrees to pay any undisputed charges within the standard payment terms while the disputed charges are being investigated.

Refund and Cancellation Policy

1. Refunds

• Eligibility: Refunds are granted at the Company's discretion and are generally only available for services not yet rendered or in cases where the Company has failed to meet its obligations.
• Refund Process: To request a refund, the client must contact the Company in writing with a detailed explanation of the request. Approved refunds will be processed within [specified number of days] days of approval.

2. Cancellations

• Client-Initiated Cancellations: The client may cancel ongoing services by providing written notice [specified notice period] in advance. The client is responsible for any costs incurred up to the cancellation date.
• Company-Initiated Cancellations: The Company reserves the right to cancel services if the client breaches any terms of this agreement or if the Company is unable to continue providing services due to unforeseen circumstances. The client will be notified promptly, and any unused portion of prepaid services will be refunded.

Liability and Indemnification

1. Limitation of Liability

• Cap on Liability: The Company's total liability to the client for any claims arising out of or related to this agreement, whether in contract, tort, or otherwise, is limited to the total amount paid by the client for the services giving rise to the claim.
• Exclusion of Damages: The Company is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, even if advised of the possibility of such damages.

2. Indemnification

• Client's Indemnification: The client agrees to indemnify and hold harmless the Company, its officers, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the client's use of the services, violation of this agreement, or infringement of any intellectual property or other rights of any third party.
• Company's Indemnification: The Company agrees to indemnify and hold harmless the client, its officers, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the Company's breach of this agreement or infringement of any intellectual property or other rights of any third party.

Additional Services

1. Optional Services

• Scope of Optional Services: The Company offers additional services that may not be included in the initial project scope, such as advanced data analytics, extended support, and custom integrations. These services can be added upon request and will be subject to separate agreements.
• Pricing: Pricing for optional services will be provided upon request and must be approved by the client before work begins.

2. Service Upgrades

• Upgrades: Clients may upgrade their service plans or add new features at any time. The Company will provide an updated proposal and pricing for the requested upgrades.
• Implementation: Service upgrades will be scheduled and implemented as per mutual agreement, ensuring minimal disruption to the client's ongoing operations.

Governing Law

1. Applicable Law

• Jurisdiction: This agreement will be governed by and construed in accordance with the laws of [specified jurisdiction], without regard to its conflict of laws principles.
• Venue: Any legal action or proceeding arising out of or related to this agreement will be brought exclusively in the courts of [specified jurisdiction], and the parties consent to the personal jurisdiction of such courts.

2. Compliance with Laws

• Legal Compliance: Both parties agree to comply with all applicable local, state, national, and international laws and regulations in connection with the performance of their obligations under this agreement.

Final Provisions

1. Amendment

• Modification of Terms: This agreement may be amended or modified only by a written agreement signed by authorized representatives of both parties.
• Notice of Changes: The Company reserves the right to update these terms and conditions periodically. Clients will be notified of any significant changes, and continued use of the services after such changes will constitute acceptance of the revised terms.

2. Headings

• Headings for Convenience: The headings in this agreement are for convenience only and do not affect the interpretation of the terms.

3. Counterparts

• Execution in Counterparts: This agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.

Contact Information

For further inquiries or to address any specific concerns not covered in these Terms and Conditions, please contact:

Mofusa Tech Solutions
Madhapur, Hyderabad
mofusatechsolutions@gmail.com
(+91) 995 159 8025