Terms of Service

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and QuantisNode Solutions Private Limited ("Quantisnode", "we", "us", "our") regarding your access to and use of our website at https://quantisnode.com ("Website") and our services ("Services").

By accessing or using our Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms, conditions, or policies that may apply to specific services.

If you do not agree to these Terms, you must not access or use our Website or Services.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through a prominent notice on our Website. Your continued use after changes constitutes acceptance of the modified Terms.

Quantisnode provides the following core services (collectively, "Services"):

Software Development: Custom web and mobile application development, enterprise software, MVP builds, legacy modernization.

Digital Marketing: SEO, social media marketing, paid advertising, content strategy, branding.

Software Consultation: Technology strategy, architecture review, digital transformation advisory, vendor evaluation.

Data Analysis: Data pipelines, BI dashboards, advanced analytics, predictive modeling, data governance.

API Development: RESTful/GraphQL API design, third-party integrations, microservices architecture, API documentation.

Specific deliverables, timelines, and pricing for each engagement are detailed in separate Service Agreements, Statements of Work (SOW), or Proposals (collectively, Service Agreements). In case of conflict between these Terms and a Service Agreement, the Service Agreement prevails.

Proposals & Quotes: All proposals are valid for 30 days unless otherwise stated. Quotes are estimates; final pricing may vary based on actual scope.

Service Agreements: Each engagement is governed by a written Service Agreement specifying scope, deliverables, timeline, pricing, payment schedule, and acceptance criteria.

Payment Terms: Invoices are due within the period specified in the Service Agreement (typically Net 15 or Net 30). Late payments may incur interest at 1.5% per month or the maximum rate permitted by law.

Advance Payments: We may require an upfront deposit (typically 25-50%) before commencing work. Milestone payments are due upon delivery of agreed deliverables.

Change Requests: Scope changes require a written Change Order. Additional work will be billed at agreed rates or our standard hourly rates.

Expenses: Pre-approved travel, third-party licenses, cloud infrastructure, and other direct expenses are billed at cost plus 15% administrative fee.

Taxes: All fees are exclusive of applicable taxes (GST, TDS, etc.). You are responsible for all applicable taxes and withholding.

Pre-existing IP: Each party retains all rights to their pre-existing intellectual property.

Deliverables: Upon full payment, all custom-developed deliverables (code, designs, documentation, configurations) created specifically for you under a Service Agreement are assigned to you (Work Product).

Background IP: We retain ownership of our background technology, frameworks, libraries, tools, methodologies, and know-how used in delivering Services. We grant you a perpetual, worldwide, non-exclusive, royalty-free license to use Background IP solely as incorporated in the Work Product.

Third-Party Components: Third-party libraries, open-source software, and licensed components are subject to their respective licenses. We will identify such components in deliverables.

Moral Rights: To the extent permitted by law, you waive moral rights in Work Product.

Portfolio Rights: We may reference your project in our portfolio, case studies, and marketing materials (without disclosing confidential information) unless otherwise agreed in writing.

Definition: Confidential Information includes all non-public information disclosed by either party, whether oral, written, electronic, or otherwise, including business plans, technical data, trade secrets, customer lists, financial information, and pricing.

Obligations: Each party agrees to: (a) hold Confidential Information in strict confidence; (b) not disclose to third parties without prior written consent; (c) use only for performing obligations under the Agreement; (c) protect with at least the same degree of care as its own confidential information.

Exceptions: Confidentiality obligations do not apply to information that: (a) is publicly known; (b) becomes public through no fault of receiving party; (c) was known prior to disclosure; (d) is independently developed; (e) is received from a third party without restriction.

Duration: Confidentiality obligations survive for 3 years after termination, or longer for trade secrets.

Required Disclosure: If legally compelled to disclose, the receiving party will provide prompt notice (where legally permitted) and cooperate in seeking protective orders.

You agree to:

• Provide accurate, complete, and timely information necessary for us to perform Services.

• Cooperate with our team, respond promptly to requests, and make key personnel available.

• Obtain all necessary licenses, rights, and consents for third-party content you provide.

• Comply with all applicable laws, regulations, and these Terms.

• Not use our Website or Services for any unlawful, harmful, or abusive purpose.

• Not attempt to gain unauthorized access to our systems, networks, or data.

• Not interfere with or disrupt the integrity or performance of our Website or Services.

• Not reverse engineer, decompile, or attempt to derive source code from our software (except as permitted by law).

Failure to meet these obligations may result in project delays, additional costs, or termination.

Our Warranties: We warrant that: (a) Services will be performed in a professional and workmanlike manner consistent with industry standards; (b) Work Product will materially conform to agreed specifications; (c) we have the right to grant the licenses in these Terms.

Disclaimer of Other Warranties: EXCEPT AS EXPRESSLY STATED, OUR SERVICES AND WORK PRODUCT ARE PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

No Guarantee of Results: We do not guarantee specific business outcomes, ROI, traffic increases, search rankings, or revenue growth from our Services.

Third-Party Services: We are not responsible for the availability, accuracy, or performance of third-party platforms, APIs, or services (e.g., cloud providers, payment gateways, social media platforms).

Website Availability: We strive for high availability but do not guarantee uninterrupted or error-free access to our Website.

Exclusion of Consequential Damages: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA, BUSINESS OPPORTUNITIES, OR REPUTATIONAL HARM, EVEN IF ADVISED OF THE POSSIBILITY.

Cap on Liability: OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

Exceptions: The above limitations do not apply to: (a) breach of confidentiality obligations; (b) intellectual property infringement; (c) fraud or willful misconduct; (d) liability that cannot be limited under applicable law.

Basis of Bargain: These limitations reflect the allocation of risk agreed upon by the parties and are essential to the pricing of our Services.

By You: You agree to indemnify, defend, and hold harmless ${companyInfo.brand} and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from: (a) your breach of these Terms; (b) your content, data, or materials provided to us; (c) your violation of applicable law or third-party rights.

By Us: We agree to indemnify, defend, and hold harmless you from claims arising from: (a) our gross negligence or willful misconduct; (b) infringement of third-party IP rights by our Work Product (subject to our right to modify, replace, or refund); (c) our breach of confidentiality.

Process: The indemnified party must: (a) promptly notify the indemnifying party; (b) grant sole control of defense; (c) provide reasonable cooperation.

Term: These Terms commence upon your first use of our Website or Services and continue until terminated.

Termination for Convenience: Either party may terminate a Service Agreement with 30 days' written notice. You remain liable for fees for Services rendered through the termination date.

Termination for Cause: Either party may terminate immediately upon written notice if the other party: (a) materially breaches and fails to cure within 15 days; (b) becomes insolvent, files for bankruptcy, or ceases operations.

Effect of Termination: Upon termination: (a) all licenses terminate; (b) you pay for all Services rendered and expenses incurred; (c) we return or destroy your Confidential Information; (d) surviving provisions remain in effect.

Survival: Sections on IP Rights, Confidentiality, Warranties, Limitation of Liability, Indemnification, and Governing Law survive termination.

Neither party is liable for delays or failures due to causes beyond its reasonable control, including natural disasters, pandemics, wars, terrorism, government actions, labor disputes, internet outages, or third-party service failures.

The affected party will promptly notify the other and use reasonable efforts to mitigate. If the force majeure event continues for more than 60 days, the non-affected party may terminate without liability.

Good Faith Negotiation: Parties will attempt to resolve disputes through good faith negotiation within 30 days of written notice.

Mediation: If negotiation fails, parties will submit to non-binding mediation in Varanasi, Uttar Pradesh, under the Mediation and Conciliation Rules of the Indian Council of Arbitration.

Arbitration: If mediation fails, disputes will be resolved by binding arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator appointed mutually or by the High Court. The seat of arbitration shall be Varanasi, Uttar Pradesh. The language shall be English.

Governing Law: These Terms are governed by the laws of India, without regard to conflict of laws principles.

Jurisdiction: Subject to arbitration, courts at Varanasi, Uttar Pradesh have exclusive jurisdiction.

Entire Agreement: These Terms, together with applicable Service Agreements and Privacy Policy, constitute the entire agreement between parties.

Amendments: We may update these Terms. Continued use after changes constitutes acceptance.

Assignment: You may not assign these Terms without our prior written consent. We may assign freely.

Waiver: Failure to enforce any provision does not constitute a waiver.

Severability: If any provision is held unenforceable, the remainder remains in effect.

Notices: Notices must be in writing via email or certified mail to the addresses above.

No Partnership: These Terms do not create a partnership, joint venture, or agency relationship.

Independent Contractors: We are independent contractors. Neither party has authority to bind the other.

If you have questions about these Terms of Service, please contact us:

QuantisNode Solutions Private Limited
Attn: Legal Department
B-22/251-A-H-B, Khojwa 187, Varanasi, Uttar Pradesh – 221001, India
Email: help@quantisnode.in
Phone: +91-9335773558