Terms and Conditions

Last Updated: April 01, 2024

Company: Broadifi Tech Private Limited

Registered Office: Jhorehat East LP JH1, Howrah 711302

Corporate Head Office: BN 4, Webel IT Park, Tower - I, Module 206, Salt Lake City, Sector V, Kolkata 700091, WB

CIN: U72900WB2021PTC246456

By engaging in business with Broadifi Tech Private Limited (hereinafter referred to as “the Company”), the client (hereinafter referred to as “Client” or “You”) agrees to the following legally binding Terms and Conditions:

1. Payment Policy

  • No cash payments are accepted under any circumstances.
  • All payments must be made directly to the Company's official current account under the name “Broadifi Tech Private Limited”.
  • Any payments made to personal accounts, cash, or unverified modes shall be deemed invalid, and the Company will not be held liable.

2. Advance Payment & Milestones

  • For full-scale projects exceeding $10,000 USD (or ₹8.5 lakh taxable value), a 10% advance is required before initiating work.
  • For small-scale projects, an advance of up to 50% may be requested, with the balance due in milestones or upon final delivery, as agreed.
  • Work will only commence after confirmation of the advance payment.

3. Billing & Invoicing

  • The Company generates invoices on a weekly or milestone basis, depending on the project’s nature.
  • Invoices include detailed work logs for transparency. Clients may raise objections within 3 days of receipt.
  • All payments are due within 5 to 7 days of the payment request date. Delayed payments may result in suspension of work.

4. Refund Policy

  • The Company does not offer refunds, unless otherwise explicitly stated in a separate written agreement.
  • Once an advance is received, the Company initiates creation of a Software Requirements Specification (SRS) document.
  • If the Client discontinues after the SRS is delivered, the advance amount will be treated as SRS service charges and no refund shall be provided.
  • If the Company, due to unavoidable reasons, cannot continue the project, the client will be notified in writing at least 30 days in advance, and only completed work will be billed. All assets till that point will be handed over.

5. Non-Solicitation, Payment & Termination Policy

The Company reserves the right to suspend or terminate a project under the following circumstances:

5.1 Direct Hiring Restriction

  • The Client shall not directly engage, employ, or offer any form of employment, freelance work, or contractual engagement to any Developer, Designer, or Team Member associated with the Company during the course of the project and for a period of twelve (12) months following its completion.
  • If the Client establishes direct contact with any Developer or Team Member and extends an employment or contractual offer, the Company reserves the right to:
    • Immediately discontinue the project without issuing any refund.
    • Retain full ownership and rights to all work completed up to that point.

5.2 Payment & Agreement Validity

  • All Intellectual Property (IP) Rights, Service Agreements, and Non-Disclosure Agreements (NDA) shall remain invalid until the Client has made full and final payment as per the agreed scope.
  • Upon clearance of all outstanding payments, the Client will be granted valid rights to the project deliverables as per the signed agreements.
  • In cases of non-payment or partial payment, the Company reserves the right to:
    • Withhold all deliverables.
    • Declare all signed agreements, including IP transfer and NDA obligations, null and void.

5.3 Suspension & Termination Rights

The Company reserves the right to suspend or terminate the project with immediate effect under the following conditions:

  • Unprofessional, insulting, or abusive behavior by the Client or their representatives.
  • Continuous delays in approvals, feedback, or deliverables from the Client, which disrupt agreed project timelines.
  • Repeated delays in payments exceeding fifteen (15) days without valid justification.
  • Any conduct by the Client that results in breach of trust, misalignment with agreed responsibilities, or violation of mutual respect.

6. Support Policy

  • For projects above $10,000 USD (₹8.5 lakh taxable value), the Company offers 2 months of free support on existing features during working days post-delivery.
  • For all other projects, 1 month of free support is provided.
  • Additional support or feature enhancements are billed separately unless covered by a signed Service Level Agreement (SLA).

7. Ownership & Intellectual Property

  • Upon full payment, all rights, code, documents, and deliverables are transferred to the Client unless otherwise agreed.
  • Until full payment, all deliverables remain the intellectual property of the Company.

8. Confidentiality

  • Both parties shall maintain strict confidentiality of all information shared during the engagement.
  • Any disclosure, reproduction, or sharing of project data, documentation, or code without prior written consent is strictly prohibited.

9. Legal Jurisdiction

  • This Agreement shall be governed by and construed in accordance with the laws of India.
  • Any disputes arising out of or in connection with these Terms shall fall under the exclusive jurisdiction of the Kolkata courts.

10. Modifications to Terms

The Company reserves the right to amend or update these Terms at any time. All updates will be communicated via email or on the Company’s official website.

11. Case Study & Public Portfolio Rights

  • Broadifi Tech Private Limited reserves the right to publish case studies, success stories, and project highlights related to any client engagement on its official website, marketing materials, or presentations, irrespective of any NDA (Non-Disclosure Agreement) signed—unless otherwise explicitly restricted in a separate clause within the NDA.
  • By engaging with the Company, the Client grants permission to display their name, logo, and project summary as part of the Company’s portfolio or promotional content.
  • The Client shall have no objection to the Company publicly showcasing the collaboration, except in cases where written revocation is formally submitted and mutually agreed upon.

Acceptance

Engaging with the Company through email, contract, or any official form of communication indicates your unconditional acceptance of these Terms & Conditions. Broadifi reserves the right to modify its terms and conditions from time to time. Any changes will be published on the official website, and consumers are deemed to have accepted the updated terms by continuing to use the services.