01 Acceptance of Terms
By accessing or using the website at sarvoparicreations.com ("Site") or by engaging Sarvopari Creations for any services, you ("Client", "you") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, please do not use the Site or our services.
02 Our Services
Sarvopari Creations provides technology services including but not limited to:
- AI & Machine Learning development
- Web application and website development
- Mobile application development (iOS & Android)
- UI/UX design and product design
- Cloud infrastructure and DevOps
- Enterprise software development and integration
- E-commerce development
- Digital transformation consulting
The specific scope, deliverables, timelines, and fees for any engagement will be defined in a separate Statement of Work (SOW) or project agreement signed by both parties.
03 Project Engagement
Project initiation: Work begins only after a signed SOW/agreement and receipt of any agreed advance payment. Verbal agreements and email confirmations do not constitute a binding contract.
Client responsibilities: You agree to:
- Provide complete, accurate, and timely requirements, feedback, and approvals
- Designate a single point of contact with authority to make decisions
- Provide access to necessary systems, accounts, and third-party services
- Respond to queries and review submissions within the timeframes agreed in the SOW
Delays: If client delays (late feedback, approvals, or content delivery) extend the project timeline, Sarvopari Creations reserves the right to adjust the delivery schedule accordingly and, where delays are significant, to charge for additional resource costs at our standard hourly rate.
Change requests: Any changes to agreed scope will be documented in a Change Request with revised timelines and costs before implementation begins.
04 Payment Terms
Unless otherwise agreed in writing:
- Fixed-price projects: 50% advance before work commences; 50% upon project completion before final delivery.
- Milestone-based projects: Payment at each milestone as specified in the SOW.
- Retainer / ongoing: Monthly in advance by the 5th of each month.
- Invoices: Payment due within 15 days of invoice date.
- Late payments: Overdue invoices accrue interest at 2% per month. Sarvopari Creations may suspend services for accounts overdue by more than 30 days.
05 Intellectual Property
Client owns the deliverables: Upon receipt of full and final payment for a project, Sarvopari Creations assigns to the Client all intellectual property rights in the custom deliverables created specifically for that project.
Our retained rights: Sarvopari Creations retains ownership of:
- Pre-existing tools, frameworks, libraries, and methodologies used in delivering the project
- General know-how and techniques developed during the engagement
- Open-source components (which remain subject to their respective licences)
Portfolio use: Unless you request otherwise in writing, we reserve the right to reference the project in our portfolio, case studies, and marketing materials after public launch, with appropriate confidentiality over sensitive business data.
Third-party components: We will inform you of any third-party licensed components included in deliverables. You are responsible for complying with those licences.
06 Confidentiality
Both parties agree to keep confidential all non-public information shared during the engagement ("Confidential Information") and not to disclose it to any third party without prior written consent, except:
- Information already in the public domain through no breach of this agreement
- Information independently developed without reference to the disclosing party's confidential information
- Disclosures required by applicable law or court order (with prompt notice to the disclosing party where legally permitted)
This confidentiality obligation survives termination of the engagement for a period of 3 years.
If a separate Non-Disclosure Agreement (NDA) has been signed, that NDA's terms take precedence over this section.
07 Warranties & Representations
We warrant that:
- Services will be performed with reasonable skill and care by qualified personnel
- Deliverables will substantially conform to the agreed specifications in the SOW
- We have the right to enter into this agreement and provide the services
Warranty period: We provide a 30-day bug-fix warranty after final delivery. Bugs reported within this period (defects in deliverables not conforming to agreed specifications) will be fixed at no charge. Changes, enhancements, or issues caused by third-party services are not covered.
Disclaimer: Except as expressly stated, all services and the Site are provided "as is" without warranties of any kind, express or implied, including fitness for a particular purpose or uninterrupted availability.
08 Limitation of Liability
To the fullest extent permitted by applicable law:
- Sarvopari Creations' total liability for any claim arising from or related to an engagement shall not exceed the total fees paid by the Client for that specific project in the 3 months preceding the claim.
- We shall not be liable for any indirect, incidental, consequential, special, or exemplary damages, including loss of profits, loss of data, or business interruption.
- We are not liable for failures or delays caused by circumstances beyond our reasonable control (force majeure), including internet outages, third-party service failures, natural disasters, or changes in law.
09 Termination
By either party: Either party may terminate an engagement by giving 30 days' written notice.
Immediate termination: Either party may terminate immediately if the other party materially breaches these Terms and fails to remedy the breach within 14 days of written notice.
On termination:
- You will pay for all work completed up to the termination date.
- We will deliver all completed work and hand over relevant assets upon payment of outstanding invoices.
- Clauses on Confidentiality, IP, Limitation of Liability, and Governing Law survive termination.
10 Website Use
By using our website, you agree to:
- Not use the Site for any unlawful purpose or in any way that violates applicable laws
- Not attempt to gain unauthorised access to any part of the Site or its infrastructure
- Not transmit any malicious code, spam, or unsolicited communications through the Site
- Not scrape, crawl, or use automated tools to extract data from the Site without written permission
We reserve the right to restrict or terminate access to the Site for any user who violates these conditions.
The Site may contain links to third-party websites. We are not responsible for the content or practices of those sites.
11 Governing Law & Disputes
These Terms are governed by and construed in accordance with the laws of Gujarat, India.
Dispute resolution: In the event of any dispute, both parties agree to first attempt resolution through good-faith negotiation within 30 days of the dispute arising. If negotiation fails, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, with proceedings conducted in Ahmedabad in the English language.
Nothing in this clause prevents either party from seeking urgent injunctive relief from a court of competent jurisdiction.
12 Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of this page. Your continued use of the Site or engagement of our services after any changes constitutes your acceptance of the revised Terms.
For active project engagements, changes to these Terms will not affect the governing terms of any signed SOW unless both parties agree in writing.
13 Contact
For questions about these Terms or to request a formal NDA or project agreement, please contact us:
Legal Enquiries
We aim to respond to all legal and contractual queries within 2 business days. For project-specific terms, please initiate a project conversation through our contact form.
info@sarvoparicreations.com