Terms & Conditions

1. Introduction

These Terms and Conditions ("Terms") govern the use of services provided by Kamyab Infotech Pvt Ltd ("Kamyab", "we", "us") to you ("Client", "you"). By engaging our services, you agree to be bound by these Terms.

2. Services

Kamyab provides IT infrastructure, hosting, CRM (Zoho), e-learning (Moodle), email suite, chatbot, website security, domain/IP protection, and application development services. The scope of each engagement is defined in the proposal or service agreement between us and the Client.

3. Engagement & Acceptance

• Services are initiated upon acceptance of a written or WhatsApp-confirmed proposal/quotation.
• Acceptance may be via email confirmation, signed proposal, or payment of the first installment — whichever occurs first.
• All proposals are valid for 30 days from date of issue unless otherwise stated.

4. Payment Terms

• Fixed-Cost Projects: 50% advance before work begins, 50% upon project completion/delivery.
• Monthly Retainers: Billed monthly in advance. Payment due within 7 days of invoice.
• Long-Term Partnerships: Payment schedule defined in the master service agreement.
• Hosting & Subscriptions: Annual/monthly as per plan selected. Non-refundable after activation.
• Late Payments: A late fee of 1.5% per month applies on overdue amounts.
• Payment Methods: UPI, bank transfer, credit/debit card (via pay.kamyab.co.in).

5. Intellectual Property

• All custom work (code, design, content) is the Client's property upon full payment.
• Third-party software (Zoho, Moodle, WordPress, cPanel, etc.) remains licensed under their respective terms.
• Kamyab retains the right to mention the Client as a portfolio reference unless otherwise requested in writing.

6. Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the engagement. This obligation survives the termination of services for a period of 2 years.

7. Service Level & Uptime

• Hosting: 99.9% uptime SLA on managed hosting plans. Scheduled maintenance excluded.
• Support: Responses within 4 hours during business hours (Mon–Sat, 10 AM–5 PM IST).
• Emergency (hacks/outages): Best-effort response within 1 hour, restoration within 24 hours.

8. Data & Privacy

We handle your data in accordance with our Privacy Policy and the Digital Personal Data Protection Act, 2023 (India). Client data is used exclusively for delivering agreed services and is never sold or shared for advertising.

9. Client Responsibilities

You agree to:

• Provide accurate and timely information needed for project delivery.
• Review and approve deliverables within 7 business days of submission.
• Maintain your own backups for content you provide (images, documents, data).
• Not use our services for any unlawful purpose or in violation of third-party rights.

10. Termination

• Either party may terminate with 30 days written notice.
• On termination, all completed deliverables and data are made available to the Client.
• Fees for work completed up to termination date are due and payable.
• Hosting services will continue until the paid period expires; data will be retained for 30 days after expiry.

11. Limitation of Liability

To the maximum extent permitted by law:

• Kamyab's liability for any claim arising from services shall not exceed the fees paid for the specific service in question.
• We are not liable for indirect, incidental, or consequential damages including loss of revenue, data, or business opportunity.
• We are not responsible for downtime caused by third-party services (ISP, DNS, payment gateways, cloud providers).

12. Force Majeure

Neither party shall be liable for delays or failures caused by events beyond reasonable control — including natural disasters, pandemics, government action, infrastructure failures, or cyberattacks on third-party infrastructure.

13. Dispute Resolution

• Disputes will first be resolved through good-faith negotiation.
• If unresolved within 30 days, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.
• Jurisdiction: Courts of New Delhi, India.

14. Modifications

We may update these Terms from time to time. Material changes will be posted on this page. Continued use of our services after changes constitutes acceptance of the updated Terms.

15. Contact

Questions about these Terms? Get in touch:

Email: support@kamyab.biz
Phone: +91 11 4161 9300
WhatsApp: +91 99877 77250