Terms of Service

Who these terms are with

"We" and "us" mean Digitechnique. "You" means the person using the site or, if you act for a business, that business. If you accept these terms for a business, you confirm that you have the authority to do so.

How our contracts are made

Our agreements are contracts under the Indian Contract Act, 1872. We may sign them on paper or electronically. Under the Information Technology Act, 2000, a contract made electronically is valid in the same way as one on paper, and a valid electronic signature counts as a signature.

Who our services are for

Our services are for businesses, including sole proprietors, partnership firms, LLPs, companies, startups, NGOs and trusts. When you sign an SOW, you confirm that you are buying for your business. If you are buying for personal use, please tell us before you sign. As a consumer, you have rights under the Consumer Protection Act, 2019, and nothing in these terms takes those rights away.

Using this website

You may use the site for lawful purposes and in line with our Acceptable Use Policy. The text, design, graphics and code on the site belong to us or to the people who license them to us. You are welcome to read the site, link to it and quote short extracts with credit. Please do not copy the site or present our work as your own. The content is general information, not professional advice, as our Disclaimer explains.

How projects start

We start with a discovery call. After it, we send a fixed, itemised quote in Indian rupees (₹). A project begins when both of us sign an SOW that sets out the scope, deliverables, milestones, timeline and fees. Any estimate we give before that is a guide, not an offer. Our quote is fixed for the scope it describes. We do not publish prices on this site, because every project is different.

Milestones

Each SOW splits the work into milestones. Each milestone lists what we deliver, how you check it and what you pay. We show you working software as we go. When we deliver a milestone, you review it within the time the SOW sets. You then either accept it or tell us in writing what does not match the SOW. We fix those points and deliver again. If you do not reply within the review time, or you start using the deliverable in your business, the milestone counts as accepted.

Change requests

If you want to change the scope, tell us in writing. Before we do any extra work, we tell you in writing how the change affects the fee and the timeline. The change goes ahead only once you approve it in writing. We never add charges you have not approved.

What we need from you

To deliver on time, we need prompt feedback and decisions, the content and access the project depends on, and one person on your side who can make decisions. You confirm that you have the right to let us use anything you give us, such as text, images, data, logins and brand assets. If something we need from you arrives late, the timeline moves by the same amount.

Fees, GST and payment

Fees and the payment schedule are set out in each SOW, in Indian rupees. Fees do not include GST. Where GST applies, we add it at the rate in force and show it separately on each tax invoice. Invoices are due within the period stated on them.

TDS. If the law requires you to deduct tax at source (TDS) from our fees, you may do so. You must then deposit the tax on time and send us the TDS certificate within the time the law sets, so that we can claim credit for it. If you deduct TDS but do not deposit it or send the certificate, we may ask you to pay that amount to us.

Late payment. If an invoice is overdue, we may pause work after telling you in writing. We may also charge interest on the overdue amount at the rate in the SOW. If we are registered as a micro or small enterprise under the Micro, Small and Medium Enterprises Development Act, 2006, we will say so on our invoices. That Act's limit on payment time (no more than 45 days) and its interest on late payment then apply.

Who owns the work

Once you have paid in full, we assign to you the copyright and all other intellectual property rights in the deliverables we create for you, including source code, designs, content and documentation. The Copyright Act, 1957 requires an assignment to be in writing, so we give you a written assignment signed by us. The assignment:

• names the work and the rights assigned;
• covers all rights, in every form and medium, for the full term of each right, in every country in the world. Without these words, section 19 of the Copyright Act would limit the assignment to five years and to India only;
• states that the fees you paid are the full payment for it, with no royalty due;
• does not lapse if you do not use a right within one year.

We keep ownership of the tools, code libraries, methods and know-how that we had before your project or that we build for general use. Where any of these are part of your deliverables, you get a permanent, worldwide, royalty-free licence to use, change and keep using them as part of that work. Open-source parts and third-party services, including AI models, stay under their own licences and terms, and we list them in your handover pack.

Wherever we can, we set up your code repository, domain, hosting, app store and cloud accounts in your name from day one, so you control them throughout. At the end of the project, you receive a handover pack with the code, access details and documentation.

We may say that we worked with you and show the finished work in our portfolio, unless your SOW says otherwise or you ask us not to.

AI tools and AI features

We use AI tools to help with parts of our work, under the same confidentiality rules as everything else, and our engineers review what those tools produce. When we build AI features for you, their output can be wrong or incomplete. You are responsible for how that output is used, for labelling AI-generated content where the law requires it, and for having a person review any decision that seriously affects people. For personal data in those systems, you remain the Data Fiduciary and our Data Processing Addendum applies.

Confidentiality

Each of us will protect the other's non-public information with at least reasonable care, use it only for the project, and return or delete it when asked, except where the law requires it to be kept. If we also sign a separate non-disclosure agreement (NDA), it adds to this section and applies wherever it is stricter.

Personal data

Our Privacy Policy explains how we handle personal data for our own business. When we process personal data for you as part of a project, you are the Data Fiduciary, we are your Data Processor under the Digital Personal Data Protection Act, 2023, and our Data Processing Addendum applies.

Our promise on quality

We will do the work with reasonable care and skill. For 30 days after you accept a deliverable, we will fix, at no charge, anything that does not match the SOW. Beyond that promise and any rights the law gives you that cannot be excluded, we give no other warranties. We cannot guarantee business results such as search rankings, mentions in AI answers, traffic, leads or revenue, because they depend on things no supplier controls. We also do not promise that your product meets any law or regulation. We build it to support your duties, and you should take advice from your lawyer or CA.

Limits on liability

Nothing in these terms limits liability for fraud, for wilful misconduct, or for anything else that Indian law does not allow to be limited. Subject to that, neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue, data or goodwill. Our total liability for a project is limited to the fees you paid us for that project in the 12 months before the claim. If you are a consumer, these limits apply only as far as the Consumer Protection Act, 2019 allows.

Ending a project

Either of us may end a project by written notice if the other seriously breaks these terms or the SOW and does not put it right within 14 days of written notice, or if the other becomes insolvent or enters an insolvency process. You may also end a project for any reason by giving 14 days' written notice. You then pay for the work done and the costs committed up to that point, and we hand over that work once it is paid for. The sections on ownership, confidentiality, payment, liability and disputes still apply after a project ends.

The Co-Founder Programme

Places in the programme are governed by their own signed agreements, as described on the term sheet page. These terms apply to your use of the programme pages and to our conversations before those agreements are signed.

Events outside anyone's control

Neither of us is responsible for a delay or failure caused by events beyond reasonable control, such as floods, earthquakes, epidemics, war, riots, major internet, power or cloud outages, or government action such as a lockdown or an internet shutdown. We will tell each other promptly and do what we reasonably can to limit the effect. If such an event stops a project for more than 60 days, either of us may end it by written notice, and you pay for the work done up to then.

Complaints

If you are unhappy with our work or our service, please tell us through the contact form. You can also call us on +91 99966 88404. A senior team member will acknowledge your complaint within one working day and aim to resolve it within 14 days.

Disputes

Talk first. If a disagreement comes up, either of us can raise it in writing. Senior people from both sides will then try in good faith to settle it within 30 days.

Then arbitration. If it is not settled within 30 days, either of us may refer it to arbitration under the Arbitration and Conciliation Act, 1996. There will be one arbitrator, chosen by both of us together. If we cannot agree on one within 30 days, either of us may ask the court to appoint one, as that Act allows. The seat and venue of the arbitration will be the city named in your SOW. The arbitration will be in English, and the award will be final and binding on both of us.

Either of us may still ask a court for urgent interim relief, for example to protect confidential information or intellectual property. If you are a consumer, nothing in this section stops you from going to a Consumer Commission under the Consumer Protection Act, 2019.

Governing law and courts

These terms and every SOW are governed by the laws of India. Subject to the arbitration clause above, the courts named in your SOW have exclusive jurisdiction.

Everything else

These terms, the SOW and any documents they refer to are the whole agreement between us about a project. Using the site does not create a partnership, employment or agency relationship. Neither of us may transfer the agreement without the other's written consent, except as part of selling or reorganising a business. If a court or arbitrator finds part of these terms unenforceable, the rest still applies. If one of us does not enforce a right straight away, that right is not lost. Formal notices about a project go in writing to the contact named in the SOW.

Changes to these terms

We may update these terms and will post the new version here with a new effective date. Changes do not affect an SOW that has already been signed, unless both of us agree in writing.