Terms of Service

Definitions of Terms/words Used on Our ToS Web page

Acceptance of Terms of Service

  • The current document is an electronic record in terms of the Information Technology Act, 2000 & 2008.
  • Therefore, the rules cited herewith are applicable, and the amended provisions of electronic records in various statutes as amended by the Information Technology Act, 2000 & 2008.
  • The current electronic record is generated by a computer system and does not require physical or digital signatures.
  • The current document has been published following the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, which require publishing the Terms of Service (ToS) for access or usage of https://beatbrainsolutions.com/ website.

Penalties on Breaking Technology Act, 2000, 2008 & 2011

  • You will get imprisonment for three years or a fine of up to two lakh rupees or both in the case of tampering with computer source documents.
  • You will get imprisonment for three years or a fine up to one lakh rupees or both in the case of hacking the computer system/s.
  • You will get imprisonment for three years or a fine of up to one lack rupees or both in the case of using stolen computer data or devices.
  • You will get imprisonment for two years or a fine of up to two thousand rupees or both in the case of publishing obscene information. In case of subsequent conviction, it may extend up to five years imprisonment plus two thousand rupees fine. (sec 292 of IPC)
  • You will get imprisonment for three years or a fine of up to two lakh rupees or both in the case of publishing false information and sending offensive info.

Hereby, you agree to

  • Accepting our terms of service.
  • Accepting current and other policies, such as user agreements, privacy policies, etc.
  • Our policies are a kind of legal contract between Beat Brain Solutions, the website owners, and its web visitors.

Assignment of Project

  • We abide by the rights to assign the project to sub-contractors and ensure that the service terms are met.
  • In the case of open source, our clients automatically abide by the terms and conditions posed by the platform or frameworks.

Privacy Statement

  • We are committed to protecting the privacy of your data wherever we use it.
  • We abide by our rights that our authorized engineers or employees can use your information or data during project development.
  • We take all possible measures to safeguard your data wherever we store it within the system or outside.
  • We abide by investigating any law-breaking action regarding our system and internal network.
  • We will take appropriate steps and help the authority in civil proceedings to recover damages from those responsible.

Confidentiality

  • Beat Brain Solutions is a registered company. So the information will not be leaked, or copies will not be handed over to anyone other than our legal partners, suppliers, or subcontractors beyond the limits of their rights.
  • Our clientele have the right to view or request copies of client records—for instance, various guides and manuals.

Disclaimer Exclusion and Limitations

  • We provide information “as such” basis.
  • We exclude all representation and warranties relating to this website, and its content is provided by any affiliate or any other third party, including inaccuracies or omissions in this website.
  • We exclude all liabilities for damages that occur with your/clients and the customers relating to this website or provided software and its content.
  • It may be a direct loss or loss of business or profit. In addition, it may be damages caused to your computers, computer software, system, or network and the data thereon or any other direct, indirect, consequential, or incidental damages.

Description of Service

  • Beat Brain Solutions is a service-providing company in web development, software development, & mobile application development.
  • The delivery of our services covers certain communications with clients and other stakeholders, including direct communications through voice and texts on different communication channels.
  • We communicate indirectly in advertisements, notices/notifications, service announcements, and newsletters.
  • So, our clients are responsible for delivering our services on all concerned equipment and software.
  • Our customers remain responsible and liable to 3rd party fees for obtaining access to our services through different channels.

Scope of Work

  • We take charge of the features and functionality we have delivered to your websites, software, or applications.
  • Suppose clients want something more than whatever is defined in the project scope or proposals; they are liable to pay charges. We also incur costs on an hourly basis or whatever engagement model you have selected.

Warranties of Our Software Products or Services

We provide a warranty of code functioning for 30 to 90 days, depending on the terms we set mutually. Afterward, if anything happens, you are liable to pay charges for damages.

  • We cover programming errors or bugs in our warranty.
  • Our warranty period starts after the website’s publication or handover of the software to the clients.
  • We offer support and maintenance plans separately, and you have to buy them before your warranty period expires.
  • If anything happens due to the server or anything you do out of the scope of a warranty, we are not responsible.
  • We are not liable to cover all in the scope of the warranty if anything happens due to third-party servers, services (e.g., cloud), databases, or operating systems (OS),
  • We are not responsible if anything wrong happens due to modification of code, browsers, database, files we provided, or third-party services or software integration.

Policies for Electronic Delivery

Electronic delivery usually takes place through email, IM messages, push notifications, and other forms of communication.

  • We have the right to deliver your project outcomes through electronic delivery using communication channels. For instance, Skype
  • In the case of electronic delivery of original resources or links, you must confirm that you have received them.

Privacy of Call Monitoring and Recording

  • We abide by our rights to call monitoring and recording for the calls used in project development, support services, or maintenance purposes.
  • We monitor and record messages sent by different channels and abide by our rights to keep those records to enhance our services or protect from misunderstandings.

Software Development Process/Procedure

  • We define project development scopes before starting any project and stick to the scopes while creating features and functionality.
  • We define scopes of inclusion of features and functionality before the beginning of each sprint in the case of MVP products or Agile Development methodology.

Deadline

We are not liable to attain the deadline for a project under the following circumstances:

  • Suppose the client wants to add content, features, or functions; we should extend the timeline accordingly.
  • If the client is unresponsive and non-cooperating.
  • When third-party services or providers cause a delay in their roles.

Payments and Charge-backs

  • We accept payment through various modes, including bank checks, online bank deposits, and all major credit or debit cards.
  • We used to ask for 50% advance payment before the project development. However, the advance payment percentage may vary depending on the project’s nature and the client’s relationships.
  • For project cancellation and refund, please refer to our page.
  • We keep our own rights until you make full payment.
  • We reserve the right to decide the late payment penalty fee & return the check.
  • We are not responsible for hosting, domain, and 3rd party service fees. It will pass to the clients.

Cancellation & Refund

Please refer to our page for cancellation & refund policies.

Client Approval

  • While testing and publishing the website, we conduct various tests and show results to the clients. At that moment, clients must take interest and participate actively in the testing to cooperate with the development team. Without your approval, we will consider the project unfinished and wait for your response.
  • Suppose the client remains unresponsive for approval; the project is deemed completed and does not remain liable for any refund or cancellation fees.

Scope Change

  • We used to define the project scope in the project proposal at the beginning.
  • Suppose a client wants to make changes in scope; the client has to make a written request so that we will include those in the initial document/original proposal.
  • For every scope change, the client must pay fees defined by the development team.

Force Majeure

  • If any disasters occur, neither party will remain responsible for the failure of development.
  • Any party affected by such disasters should inform others regarding the situation.

Notification of Changes We abide by our rights to make policy changes at any time, so we request users to visit the page frequently.

This is an electronic document and does not need to have any signs of either party for the agreement. However, these terms and conditions in the web page Terms of Service are considered an agreement between the client and Beat Brain Solutions