TERMS OF SERVICE

1. INTRODUCTION & DEFINITIONS

"Service Provider" refers to Ajay Sonkar operating as an independent web developer through www.ajaysonkar.com.

"Client" refers to any individual, business entity, or organization that engages Service Provider for website development or maintenance services.

"Services" include: website design and development for local businesses, local SEO setup, WhatsApp button and contact form integration, uptime monitoring, security updates, hosting management, and related technical support.

"Work Product" refers to deliverables produced by Service Provider, including but not limited to: website code, configurations, documentation, and integrated third-party solutions.

2. SERVICE SCOPE & BUSINESS ALIGNMENT

2.1 Services Definition

Service Provider provides one core service:

• Website development for local businesses in Raipur — a mobile-first website with WhatsApp button, local SEO, contact form, uptime monitoring, and security updates

2.2 Domain & Third-Party Costs

The domain is paid separately by the Client and is not included in the project fee or the maintenance plan. Client is responsible for:

• Domain registration and renewal (billed separately)
• Any third-party services Client chooses to purchase independently (e.g., premium plugins, stock assets, email services)

Hosting, uptime monitoring, and security updates are covered by the ₹1,000/month maintenance plan.

Service Provider will provide transparency on any third-party costs and seek Client approval before incurring expenses.

2.3 Scope of Engagement

Each engagement will be defined in a Statement of Work (SOW) or engagement letter specifying:

• Deliverables and acceptance criteria
• Timeline and milestones
• Assumptions and exclusions
• Payment terms and structure

Requests beyond the documented scope are classified as "Change Orders" and will be quoted separately.

3. OFFER & ENGAGEMENT

Service Provider offers a single service with straightforward pricing. There is no minimum contract term.

3.1 Website Development — Starting at ₹10,000 (one-time)

Included:

• Mobile-first website for local businesses
• WhatsApp button for instant enquiries
• Local SEO setup
• Contact form
• Uptime monitoring & security updates
• Delivery within 4 days from the initial deposit

Payment & Contract:

• 50% of the project fee is payable upfront via UPI as a deposit
• A signed written contract is required before work starts
• Remaining 50% is due upon delivery
• The domain is billed separately

3.2 Maintenance & Hosting — ₹1,000 per month

• Hosting management
• Uptime monitoring
• Security updates
• 1 revision per month
• Billed monthly, starting after the website is delivered
• Either party may stop the maintenance plan at any time; there is no minimum term

3.3 Client Deliverables & Delays

The 4-day delivery window starts from the initial deposit and assumes Client provides all required materials (images, logo, content, business details) promptly. Delays caused by late or missing client-supplied images, logo, content, or other deliverables are the Client's responsibility and extend the delivery timeline day-for-day.

4. INTELLECTUAL PROPERTY OWNERSHIP

4.1 Work Product Ownership

Unless explicitly agreed otherwise in the SOW:

• Custom Work Product created specifically for Client becomes Client's property upon full payment
• Source code is delivered with documentation enabling continuation or maintenance
• Generic reusable components remain Service Provider's intellectual property and may be reused across clients, including:
  • Code libraries and frameworks
  • FastAPI backend templates
  • Next.js UI component libraries
  • Architectural patterns and design systems
  • Optimization methodologies

4.2 Pre-Existing Intellectual Property

Service Provider retains all rights to pre-existing IP, tools, frameworks, and methodologies developed before or outside the engagement. Client receives a non-exclusive license to use pre-existing IP incorporated in the Work Product.

4.3 Third-Party Software & Licenses

Services may incorporate open-source software, third-party libraries, and commercial tools. Service Provider will disclose third-party licenses upon request. Client is responsible for compliance with all third-party license terms.

4.4 Reusable Methods & Patterns

Service Provider may use methodologies, architectural patterns, optimization techniques, and code libraries learned from the engagement to serve other clients, provided:

• No confidential Client information is disclosed
• The generic patterns are sufficiently generalized
• Clients do not receive exclusive rights to these methods

5. INFRASTRUCTURE, HOSTING & DATA MANAGEMENT

5.1 Infrastructure & Hosting

Service Provider Controls Infrastructure:

Unless otherwise agreed in writing, Service Provider will:

• Host applications and services on Service Provider's infrastructure (VPS, cloud servers, managed platforms)
• Provide monitoring, backups, and routine maintenance
• Bill separately for infrastructure costs incurred (pass-through)
• Provide Client with necessary credentials and access to production systems

If Client Provides Infrastructure:

If Client prefers to provide their own hosting or VPS, Client assumes full responsibility for:

• Security patches and hardening
• Backups and disaster recovery
• Compliance and regulatory requirements
• Uptime and availability
• Cost management

5.2 Data Ownership & Access

• Client retains ownership of all Client Data input into systems
• Service Provider accesses Client Data only to perform services or troubleshoot issues
• Upon termination, Client may request a data export within 30 days
• After 30 days, all Client data will be permanently deleted without further notice
• Service Provider is not liable for data loss or recovery failures after the 30-day window

5.3 Backup & Disaster Recovery

Service Provider maintains backups for recovery purposes. However:

• No guarantee of recovery time or data completeness
• Service Provider is not liable for data loss
• Critical data protection is Client's responsibility through separate backup agreements if required

5.4 Third-Party Infrastructure

If using third-party platforms (Supabase, Vercel, AWS, etc.), data is subject to their terms of service. Client is responsible for reviewing and accepting third-party privacy and data handling policies.

6. PAYMENT TERMS & CONDITIONS

6.1 Invoicing & Payment

• 50% deposit via UPI plus a signed contract is required before work starts
• Remaining 50% of the project fee is due upon delivery
• Maintenance of ₹1,000/month is due at the start of each month
• All fees are exclusive of applicable taxes
• GST or other applicable taxes will be added per current Indian tax law (if applicable based on annual turnover)

6.2 Payment Methods

Service Provider accepts:

• UPI payments (primary method)
• Bank transfer (NEFT/RTGS)

6.3 Late Payment

If payment is not received within 15 days of invoice date:

• Service Provider may pause work or suspend the maintenance plan (including hosting) until payment is received
• Service Provider may terminate the engagement without further notice
• Client remains liable for all accrued fees and collection costs

6.4 Taxes

Service Provider's annual turnover from freelance services may fall below the ₹20 Lakh GST registration threshold. All fees exclude applicable taxes, which will be added if required by Indian tax law. Clients will be advised if tax registration becomes applicable.

7. CLIENT MATERIALS & CONTENT

7.1 Client Responsibilities

Delays: Late, missing, or incomplete client materials extend the delivery timeline and are the Client's responsibility.

• Client warrants that all supplied materials may legally be used on the website
• Client is responsible for verifying accuracy of their own content before it goes live
• Service Provider is not liable for claims arising from Client-supplied content, images, or trademarks

8. WARRANTIES & LIMITATIONS OF LIABILITY

8.1 Service Warranties

Service Provider warrants that:

• Services will be performed in a professional and competent manner
• Work Product will not knowingly infringe third-party intellectual property rights
• Service Provider has authority to enter into this agreement

8.2 Disclaimer of Other Warranties

Services are provided "as-is." Client is responsible for independent testing and validation.

8.3 Limitation of Liability

8.4 Client Indemnification

Client agrees to indemnify and hold harmless Service Provider from:

• Claims arising from Client's use of Work Product
• Client's violation of these terms
• Client's violation of applicable law
• Third-party claims related to Client's data or business use

9. CONFIDENTIALITY

9.1 Confidential Information

Both parties agree to keep confidential:

• Sensitive business information
• Trade secrets and proprietary methods
• Financial data and pricing
• Technical architecture and implementation details

9.2 Permitted Disclosures

Service Provider may:

• Use anonymized or aggregated project information in case studies and portfolio examples (with Client consent when reasonably practicable)
• Disclose information if required by law or government authority
• Share technical details with subcontractors or support staff under written confidentiality agreements

9.3 Confidentiality Duration

Confidentiality obligations survive termination of engagement for 2 years.

10. TERMINATION

10.1 Cancellation by Client

Client may cancel at any time by giving written notice. If Client cancels, Client keeps the domain and the website code, but the website will be taken offline and will no longer remain live — it will be shown as temporarily unavailable. Any outstanding fees remain payable, and no refund is due for work already completed.

10.2 Cancellation of Maintenance Plan

Client may stop the ₹1,000/month maintenance plan at any time. Once maintenance stops, hosting, uptime monitoring, security updates, and revisions cease, and the website will be taken offline.

10.3 Termination for Cause

Service Provider may terminate immediately if:

• Client fails to pay and does not cure within 15 days
• Client uses Work Product for illegal purposes
• Client breaches confidentiality obligations
• Client materially breaches these terms

10.4 Obligations Upon Termination

Upon termination:

• Client remains liable for all accrued fees through termination date
• Service Provider will provide a data export within 30 days if requested
• After 30 days, all Client data will be permanently deleted
• Client must cease using pre-existing IP and proprietary tools
• Confidentiality obligations survive termination

11. GENERAL PROVISIONS

11.1 Independent Contractor Status

Service Provider is an independent contractor, not an employee, agent, or representative of Client. Service Provider is responsible for:

• All taxes and statutory compliance
• Insurance and business licenses
• Ongoing training and professional development

11.2 No Guarantee of Business Results

While Service Provider optimizes systems and processes, specific business outcomes depend on factors outside Service Provider's control. Service Provider makes no guarantees regarding business results.

11.3 Entire Agreement

These Terms, together with the SOW or engagement letter, constitute the entire agreement. Any prior discussions are superseded. Amendments must be in writing and signed by both parties.

11.4 Governing Law & Jurisdiction

• These Terms are governed by the laws of India
• Disputes are subject to the exclusive jurisdiction of courts in Dhamtari, Chhattisgarh

11.5 Amendment of Terms

Service Provider reserves the right to amend these Terms with 30 days notice. Continued use of services after the effective date constitutes acceptance.

11.6 Severability

If any provision is found invalid, remaining provisions remain in full effect.

11.7 Waiver

Failure to enforce any term does not constitute a waiver of that term or any other term.

12. CONTACT & NOTICES

For notices, inquiries, disputes, or clarifications: