Last updated: July 2025
Please read these Terms and Conditions ("Terms") carefully before using the website at [whizcyper.com] or engaging our services. By accessing the website, submitting an inquiry, signing a proposal, or making a payment, you agree to be bound by these Terms.
These Terms constitute a binding agreement between Whizcyper Technology (a company registered in India, GSTIN: [GSTIN], address: [Address]) and you, the client or visitor ("you", "Client").
2.1 Whizcyper Technology provides custom software development, mobile application development, cloud and infrastructure management, cybersecurity, digital marketing, ERP/CRM/HRMS implementation, and related technology consulting services.
2.2 The specific scope, deliverables, timeline, and fees for any engagement are defined in a written Proposal or Statement of Work ("SOW") signed by both parties. In the event of conflict between these Terms and a signed SOW, the SOW shall prevail.
2.3 We reserve the right to decline any project or terminate engagement where the requested work would violate applicable law, third-party rights, or our ethical standards.
3.1 All proposals are valid for 30 days from issue unless a different validity period is stated.
3.2 A project is formally engaged only when: (a) you sign and return the SOW, and (b) the agreed advance payment is received.
3.3 Changes to scope after project commencement require a written Change Order signed by both parties and may result in additional fees and revised timelines.
4.1 Fees are payable per the milestone schedule set out in the SOW. Typical structure: 30–50% advance, balance at milestones or delivery.
4.2 Invoices are payable within 7 days of issue unless otherwise agreed.
4.3 Overdue invoices attract interest at 2% per month (24% per annum) on the outstanding balance.
4.4 We reserve the right to suspend work on any project where payment is overdue by more than 14 days.
4.5 All fees are exclusive of GST (currently 18% under HSN 998314/998315 unless otherwise specified). GST will be charged in addition where applicable.
4.6 Online payments made through our payment gateway (Cashfree Payments / Razorpay) are subject to a transaction processing charge as displayed at checkout. This charge is non-refundable.
5.1 Timelines stated in the SOW are estimates based on information available at the time of proposal. We will make reasonable efforts to meet them.
5.2 Delays caused by client-side factors (delayed feedback, delayed content, scope changes, access issues) will extend timelines commensurately. We are not liable for such delays.
5.3 Projects move to the next phase only after written sign-off from the Client on the current phase.
You agree to: (a) provide accurate information, content, and credentials required for the project; (b) designate a single point of contact with authority to provide approvals; (c) respond to requests for feedback or information within 5 business days; (d) ensure all content, trademarks, images, and data you provide are owned by you or properly licensed; (e) not attempt to use our systems or deliverables in any unlawful manner.
7.1 Upon receipt of full payment, you own the bespoke code, designs, and content we create specifically for your project.
7.2 We retain ownership of: (a) our pre-existing tools, frameworks, libraries, and know-how; (b) generic, reusable components not uniquely developed for your project; and (c) third-party open-source components (which carry their own licences).
7.3 We may list your project in our portfolio and use anonymised case-study content for marketing unless you request otherwise in writing.
Both parties agree to keep confidential all non-public information of the other party disclosed during the engagement. This obligation survives termination for 3 years. Exceptions apply to information that is: publicly available; independently developed; received from a third party without restriction; or required to be disclosed by law.
9.1 We warrant that services will be performed with reasonable skill and care.
9.2 We warrant that deliverables will materially conform to the agreed specification for 60 days post-delivery. Defects reported within this period will be remedied at no additional charge.
9.3 We do not warrant that software will be entirely error-free or that it will operate without interruption.
9.4 We disclaim all implied warranties to the maximum extent permitted by law.
10.1 Our aggregate liability to you under or in connection with any engagement, whether in contract, tort, or otherwise, shall not exceed the total fees paid by you to us in respect of that specific project in the 6 months preceding the claim.
10.2 We shall not be liable for: loss of profits, loss of revenue, loss of data, loss of goodwill, or any indirect or consequential loss, even if we have been advised of the possibility of such loss.
10.3 Nothing in these Terms limits liability for: death or personal injury caused by negligence; fraud; or any liability that cannot be limited by law.
11.1 Either party may terminate an engagement with 30 days written notice.
11.2 We may terminate immediately if: you breach these Terms and fail to remedy within 10 days of notice; you become insolvent; or you use our services for unlawful purposes.
11.3 On termination: (a) you shall pay for all work completed to the termination date; (b) we shall deliver all work product completed and paid for; (c) both parties shall return or destroy confidential information of the other.
Neither party is liable for failure to perform where that failure results from circumstances beyond reasonable control (including natural disasters, pandemics, internet outages, government actions, or cyberattacks), provided the affected party promptly notifies the other and uses reasonable efforts to mitigate.
These Terms are governed by the laws of India. Disputes shall first be attempted to be resolved by good-faith negotiation. If not resolved within 30 days, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator, conducted in English, in [City, India]. Courts in [City, India] have exclusive jurisdiction for interim relief.
14.1 These Terms, together with the relevant SOW and any signed addenda, constitute the entire agreement between the parties and supersede all prior discussions.
14.2 No waiver of any provision shall be construed as a continuing waiver.
14.3 If any provision is found unenforceable, the remaining provisions shall continue in full force.
14.4 You may not assign your rights under these Terms without our prior written consent. We may assign our rights to any affiliate or successor.
Whizcyper Technology, [Full Address]. Email: [hello@whizcyper.com]. Phone: [+91 XXXXX XXXXX].