Terms & Conditions

DEFINITIONS

• Services: Website development, app development, digital marketing, SEO, UI/UX design, hosting assistance, maintenance, consulting, and support.
• Project Proposal: Written scope, timeline, deliverables, and pricing shared by Mashmalo Technology.
• Deliverables: Final outputs such as websites, source code, applications, designs, or reports.
• Client Content: Text, images, data, credentials, branding, or materials provided by the Client.
• Company IP: Mashmalo's pre-existing tools, frameworks, libraries, methodologies, and know-how.
• Custom IP: Custom code or designs created specifically for the Client's project.
• Change Order: Written approval for any work outside the original scope.

SCOPE OF SERVICES & CHANGE REQUESTS

CLIENT RESPONSIBILITIES

• Provide accurate and lawful content in a timely manner
• Assign a single point of contact
• Ensure ownership or license of all materials shared
• Approve milestones and feedback within 5 business days
• Comply with third-party platform rules (Google, Meta, Apple, etc.)

ACCEPTABLE USE & PROHIBITED CONTENT

The Client agrees not to use Mashmalo services for content or activities that are:

• Illegal, misleading, defamatory, obscene, or abusive
• Infringing on intellectual property rights
• Harmful to minors or national security
• Fraudulent, deceptive, or malicious
• Containing malware or harmful code

SERVICE-SPECIFIC TERMS

5.1 Digital Marketing

• No guaranteed rankings, traffic, or ROI
• Two revision rounds included unless stated otherwise
• Ad spend and third-party fees are Client's responsibility

5.2 Website SEO Disclaimer

• Only basic SEO setup included by default
• Advanced or page-level SEO requires a separate agreement
• Mashmalo does not guarantee search engine rankings

5.3 App Store Submissions

• Client must provide developer accounts
• Approval is subject to Google/Apple policies
• Mashmalo is not liable for store rejections or delays

INTELLECTUAL PROPERTY

• Company IP remains the sole property of Mashmalo
• Custom IP ownership transfers only after full payment
• Mashmalo may showcase completed projects in its portfolio
• Reuse of proprietary components outside scope is prohibited

HOSTING, DOMAIN & SERVER TERMS

• Client is responsible for renewals and ownership
• Free hosting (if offered) is time-limited and discretionary
• Mashmalo may charge migration or transfer fees
• Paid hosting targets 99.5% uptime (excluding force majeure)
• Mashmalo is not responsible for third-party server failures

FEES, PAYMENTS & TAXES

• All prices exclude GST (18% applicable)
• Payments are non-refundable
• Late payments attract 5% monthly penalty
• Work may be suspended for overdue invoices

TESTING, ACCEPTANCE & WARRANTY

• UAT period: 15 business days
• Project deemed accepted after UAT expiry
• 30-day bug-fix warranty (scope-limited)
• Warranty void if modified by Client or third party

FREEBIES & PROMOTIONAL OFFERS

• Freebies are non-contractual and time-limited
• No warranty or support unless stated
• Mashmalo may withdraw freebies at discretion
• Branding attribution may apply

SUPPORT & MAINTENANCE

• Support scope defined in quotation
• Major changes excluded
• Post-handover modifications void support obligations
• Additional fixes may be chargeable

CONFIDENTIALITY & DATA PROTECTION

• Both parties must maintain confidentiality
• Data handled per India's DPDPA, 2023
• Confidentiality survives termination for 5 years

TERMINATION

• Client cancellation attracts applicable charges
• Non-response for 30 days may be treated as abandonment
• Mashmalo may terminate for non-payment or breach

LIMITATION OF LIABILITY

• Liability capped to fees paid by Client
• No indirect or consequential damages
• Client indemnifies Mashmalo for content misuse

GOVERNING LAW & DISPUTE RESOLUTION

• Governed by Indian law
• Jurisdiction: Kolkata High Court
• Arbitration under Arbitration & Conciliation Act, 1996

GENERAL TERMS

• Force Majeure applicable
• Non-solicitation of Mashmalo staff (1 year)
• Independent contractor relationship
• Entire agreement clause applies