Last updated: June 16, 2023

These Terms of Services ("Terms") govern the engagement between EkaivaKriti ("EkaivaKriti", "we", "our", or "us") and the client ("Client", "you", or "your") for the provision of digital services.

1. Scope of Services

EkaivaKriti provides premium digital solutions, including:

  • Website design and development
  • Mobile application development
  • AI automation and intelligent system integration
  • Digital marketing and performance campaigns
  • E-commerce development and optimization
  • Business consultation, digital strategy, and technology advisory

Each engagement is executed based on an approved proposal or Statement of Work (SOW).

2. Engagement and Deliverables

Project Initiation
  • All projects commence only after a written agreement and 50% advance payment.
  • Detailed deliverables, timelines, and assumptions are defined in the project scope.
  • EkaivaKriti reserves the right to revise project scope or timelines due to client delays or requested changes.
Client Obligations

To ensure timely and quality delivery, the Client agrees to:

  • Provide required assets, access credentials, content, and branding material promptly.
  • Assign a primary point of contact for coordination and decision-making.
  • Approve milestones, feedback, and revisions within 5 business days, unless otherwise agreed.
  • Bear additional costs for scope extensions, urgent timelines, or third-party platform upgrades.

3. Payment Terms

Billing & Invoicing
  • A non-refundable 50% deposit is mandatory before project kickoff.
  • Interim milestone payments must be cleared within 7 days of invoice.
  • Final payment is due before deployment or delivery of source files.
  • Delays in payment will incur a 2% monthly late fee. Services may be suspended after 14 days of non-payment.
Refund & Cancellation Policy
  • All fees are non-refundable once work begins.
  • If the project is canceled mid-way by the Client, EkaivaKriti is entitled to payment for all completed work and booked resources.
  • In case of project abandonment by the Client (no response for 21 days), the project will be marked as closed.

4. Intellectual Property & Usage Rights

Client Content
  • Client retains full rights to original materials submitted for the project.
  • Client is solely responsible for ensuring it owns or has appropriate licenses for all submitted assets.
Deliverables
  • Ownership of the final deliverables (excluding tools, libraries, and frameworks) transfers upon full and final payment.
  • Until full payment is received, all deliverables remain the intellectual property of EkaivaKriti.
EkaivaKriti IP

EkaivaKriti retains ownership of:

  • All underlying code frameworks, templates, libraries, and proprietary tools
  • Reusable design elements and automation workflows

EkaivaKriti reserves the right to reuse non-confidential code structures and designs across projects.

Portfolio Rights

Unless explicitly restricted by contract or NDA, EkaivaKriti may display the completed project in its portfolio, pitch decks, and case studies.

5. Warranty, Maintenance & Support

Warranty

EkaivaKriti provides a 90-day warranty for bug fixes and functional issues in delivered software (from delivery date).

No warranty is provided for:

  • Changes made by third parties post-delivery
  • Client-side content or third-party tools/platforms
  • SEO, ranking, traffic, or campaign performance (unless guaranteed in writing)
Post-Launch Support
  • Any support, updates, or maintenance beyond the warranty period is billed separately.
  • Ongoing retainer/AMC packages are available on request and will be governed by separate contracts.

6. Limitation of Liability

  • EkaivaKriti's total liability under any circumstance shall not exceed the fees paid by the Client for the specific project.
  • EkaivaKriti shall not be liable for indirect, incidental, or consequential losses, including revenue loss, business disruption, or reputational damage.
  • The Client acknowledges responsibility for backing up all content and data.

7. Confidentiality & Data Security

  • Both parties agree to maintain confidentiality of all shared materials and project-related communication.
  • EkaivaKriti takes reasonable measures to safeguard data but is not liable for breaches caused by external cyberattacks, client-side negligence, or third-party tools.

8. Termination

Either party may terminate the agreement with 30 days' written notice.

Upon termination:

  • The Client must pay for all completed work.
  • EkaivaKriti will transfer deliverables (if full payment is received).
  • Any advance beyond work done may be adjusted or forfeited based on time/resources consumed.

9. Governing Law & Jurisdiction

These Terms shall be governed and construed in accordance with the laws of India. All disputes shall be subject to the jurisdiction of the courts of Bangalore, Karnataka.

10. Contact

Legal Department – EkaivaKriti

Email: hello@ekaivakriti.com