TERMS AND CONDITIONS
These Terms and Conditions ("Terms") constitute a legally binding agreement between Ravi Trigunayat, the legal guardian of Nainabh Prakash Trigunayat, operating a full-stack web development business ("Owner," "We," "Us," or "Our"), and any person or entity ("Client," "You," or "Your") accessing or engaging services through this website.
By submitting an enquiry form, clicking any acceptance checkbox, selecting any service package, making payment, or otherwise engaging with Our services, You acknowledge that You have read, understood, and unconditionally agree to be bound by these Terms.
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1. ACCEPTANCE AND BINDING NATURE
1.1. These Terms form a valid and enforceable contract under the Indian Contract Act, 1872, and the Information Technology Act, 2000.
1.2. Your acceptance may be manifested through any of the following actions:
- Clicking "Get Started," "Book Consultation," "I Agree," "Submit," or any similar button;
- Selecting or purchasing any service package listed on https://nptrigunayat.com;
- Submitting any enquiry, contact form, or service request;
- Scheduling or attending a consultation call;
- Making any payment, deposit, or advance toward services;
- Continued use of the website or services following publication of these Terms.
1.3. You represent and warrant that You possess full legal capacity to enter into this contract under the laws of India, and that You are not a minor or otherwise disqualified from contracting.
1.4. If You are entering this contract on behalf of a business entity, You represent that You have full authority to bind such entity to these Terms.
1.5. No oral or written representation made outside these Terms shall modify or supersede these Terms unless executed in a separate written agreement signed by the Owner.
1.6. By proceeding with any service engagement, You acknowledge that You have had adequate opportunity to review these Terms, seek independent legal advice, and negotiate any provisions, and that You are entering into this contract voluntarily and with full understanding.
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2. LEGAL ENTITY AND CONTRACTING PARTY
2.1. The sole legal owner and contracting party under these Terms is Ravi Trigunayat, residing in Lucknow, Uttar Pradesh, India, acting in the capacity of legal guardian.
2.2. Services may be designed, executed, or delivered by Nainabh Prakash Trigunayat, operating under the authority and supervision of Ravi Trigunayat.
2.3. All contractual obligations, liabilities, representations, and warranties shall bind and be enforceable solely against Ravi Trigunayat as the legal owner and contracting party.
2.4. Any communication, notice, demand, or legal proceeding must be addressed to Ravi Trigunayat at:
- Email: hello@nptrigunayat.com
- Phone: +91 9506919515
- Website: https://nptrigunayat.com
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3. SERVICE PACKAGES AND SCOPE
3.1. The Owner offers the following service packages as displayed on https://nptrigunayat.com/pricing:
3.1.1. Starter Package (₹11,999)
Best for: Small projects, personal brands, simple lead capture
One-time payment
Services include:
- 1–3 Page Website
- Mobile-responsive design
- Free 1-year domain
- 4 professional email inboxes
- Basic SEO Setup
- 1 Month Standard support as defined in Clause 3.9
Domain, emails, and hosting are priced separately based on requirements.
3.1.2. Business Package (₹17,999)
Best for: Gyms, local businesses, service providers who want more enquiries
One-time payment
Services include:
- 3–5 Page Website
- Everything in Starter
- Free 2-year domain
- Upto 11 Professional email inboxes
- Performance optimization
- Basic SEO Setup
- 2 Month Standard support as defined in Clause 3.9
Additional Domain, emails, and hosting are priced separately based on requirements.
3.1.3. Professional Package (₹24,999)
Best for: Growing businesses that need systems, not just pages
One-time payment
Services include:
- 5–10 Page Website
- Custom management system features (as agreed)
- Database integration (basic implementation)
- Unlimited professional email inboxes (as agreed)
- User authentication (basic implementation)
- Free 3-year domain
- Advanced SEO setup
- Analytics & Performance tracking
- 3 Month Standard support as defined in Clause 3.9
Additional Domain, emails, and hosting are priced separately based on requirements.
3.1.4. Custom Package (₹29,999 or Based on Requirements)
Best for: Startups, platforms, serious products
Payment terms based on project scope
Services include:
- Custom web application development
- API development and third-party integrations
- Payment gateway integration
- Admin dashboard/control panel
- Cloud deployment assistance
- Basic security implementation
- Free consultation
- 3 Month Standard support as defined in Clause 3.9
Domain, emails, and hosting are priced separately based on requirements.
3.1.5. Redesign Package (₹18,999)
Best for: Outdated or low-converting websites
One-time payment
Services include:
- Complete website redesign
- UI/UX audit and optimization
- Modern, responsive layout
- Performance improvements
- Basic SEO optimization
- Content migration (existing content only)
- 1 Month Standard support as defined in Clause 3.9
⚠ Domain and emails are NOT included in this package.
3.1.6. Maintenance Package (₹3,999/month)
Best for: Non-technical business owners who want their website handled without thinking about it
Recurring monthly payment
Services include:
- Regular updates (as requested)
- Bug fixes and issue resolution
- Security Patches
- Performance monitoring
- Backup management
- Priority Email support
- Monthly maintenance report (if requested)
⚠ Hosting, domain renewal, and emails are billed separately if applicable. Refer to Clause 7 for billing details.
Maintenance Package Minimum commitment: 3 months. Cancellation requires 30 days' written notice.
3.2. Free Consultation: All packages include one (1) free 30-minute consultation call to discuss requirements, scope, and feasibility. The consultation is advisory only and does not constitute a binding commitment or guarantee.
3.3. Scope Limitations: Unless explicitly agreed in a separate written scope document or proposal signed by the Owner:
- Services are limited to what is expressly listed in the selected package;
- "Basic" implementations refer to standard features with limited customization;
- "Advanced" implementations refer to standard features unless explicitly agreed upon in writing with limited customization;
- Domain registration, email accounts, and hosting services are facilitated through third-party providers and are subject to separate charges and their respective terms;
- SSL certificates, premium plugins, third-party API subscriptions, and paid services are Client's responsibility unless otherwise agreed;
- Post-launch support covers bug fixes and technical assistance only, not new feature development, design changes, or content creation;
- Timelines provided are estimates and may vary based on project complexity and Client responsiveness;
- SEO setup refers to technical optimization only, not content marketing, link building, or ongoing SEO services;
- Analytics integration means basic setup of tools like Google Analytics, not ongoing analysis or reporting.
3.4. Domain, Email, and Hosting:
- Domain registration, email hosting, and web hosting are priced separately unless explicitly included in a custom quote.
- The Owner acts solely as a facilitator for third-party registrar and hosting services.
- Client is responsible for renewal fees, ongoing hosting costs, and compliance with third-party provider terms.
- The Owner bears no liability for domain availability, registration delays, hosting downtime, email deliverability, or third-party service disruptions.
3.5. Custom Projects: For projects requiring custom scope beyond standard packages, the Owner will provide a detailed proposal outlining deliverables, timeline, payment schedule, and terms. The proposal, once accepted and signed, shall be incorporated into these Terms.
3.6. Revision Rounds: Standard packages include a reasonable number of revision rounds (typically 2-3 rounds) to incorporate Client feedback during development. Revisions must be communicated clearly and within agreed timelines. Substantial scope changes or redesign requests beyond agreed revisions will be subject to additional charges.
3.7. Third-Party Integrations: Integration of third-party services (payment gateways, CRM systems, email marketing tools, etc.) is subject to:
- Availability and compatibility of third-party APIs;
- Client providing necessary credentials, accounts, and permissions;
- Compliance with third-party terms of service;
- Additional costs for premium APIs or subscriptions.
3.8. Source Code Ownership: Upon receipt of full payment, Client receives source code and complete project files for the custom work developed specifically for the Client. Proprietary frameworks, reusable components, tools, and methodologies developed by the Owner remain the Owner's exclusive property.
3.9. Support Definition:
- Standard Support: Email support for bug fixes and technical issues directly related to delivered work for the period specified (if any). Response time: within 24-48 hours during business days (Monday-Friday, 10 AM - 6 PM IST).
- Extended Support: Longer support duration for higher-tier packages.
- Priority Support: Faster response times for Maintenance Package subscribers.
- Support does NOT include: New features, design changes, content updates, issues caused by Client modifications, third-party service failures, or hosting/server issues.
3.10. Any additional services, features, or modifications requested after contract execution or project completion shall be subject to separate charges and written agreement.
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4. MARKETING STATEMENTS AND DISCLAIMERS
4.1. Aspirational Claims: Marketing statements, slogans, and promotional content displayed on https://nptrigunayat.com (including but not limited to references to "99.9% uptime," "24/7 support," "load times under 2 seconds," "enterprise-grade security," "increase conversions," or similar claims) are aspirational goals and industry best practices We strive to achieve, not binding guarantees or warranties.
4.2. Performance Metrics: Any reference to website performance (load times, speed optimization, etc.) depends on numerous factors outside the Owner's control, including but not limited to:
- Hosting provider performance and infrastructure;
- Geographic location of users;
- Internet connection speed;
- Device capabilities and browser compatibility;
- Third-party scripts, plugins, and integrations;
- Content type, size, and volume;
- Traffic levels and concurrent users.
4.3. Business Outcomes: Any reference to business results, conversions, engagement, leads, sales, or revenue is illustrative only. The Owner makes no guarantee or warranty that Your website will:
- Rank in search engines or generate organic traffic;
- Convert visitors into customers or generate leads;
- Increase sales, revenue, or business growth;
- Achieve any specific business outcome or ROI.
4.4. Security Statements: While We implement industry-standard security practices, no website or application can be guaranteed to be 100% secure. The Owner is not liable for security breaches, hacking, data theft, or unauthorized access occurring after delivery.
4.5. Support Availability: References to support availability (including "24/7 support") indicate the Owner's commitment to providing responsive assistance, but do not guarantee immediate response or resolution at all hours. Actual support terms are as defined in Clause 3.9.
4.6. These disclaimers do not limit the Owner's obligation to perform services with reasonable skill and care as per industry standards, but clarify that specific numeric targets, uptime percentages, and business outcome claims are not contractual commitments.
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5. NO WARRANTIES OR GUARANTEES
5.1. All services are provided on an "as is" and "as available" basis without any warranties whatsoever, except as expressly required by mandatory provisions of Indian law.
5.2. The Owner makes absolutely no warranties, express or implied, including but not limited to:
- Merchantability, fitness for a particular purpose, or non-infringement;
- Uninterrupted, error-free, secure, or virus-free website functionality;
- Achievement of business results, revenue, profits, traffic, leads, conversions, sales, or search engine rankings;
- Compatibility with all devices, browsers, operating systems, screen sizes, or assistive technologies;
- Accuracy, reliability, completeness, or quality of deliverables;
- Availability, performance, uptime, or reliability of third-party services including hosting, domains, payment gateways, APIs, or integrations;
- Freedom from bugs, errors, or defects after the support period expires;
- Compliance with future changes to laws, regulations, platform requirements, or third-party terms.
5.3. SEO and Search Engine Visibility: SEO setup and optimization do not guarantee search engine rankings, indexing, traffic, or visibility. Search engine algorithms are proprietary, constantly changing, and outside the Owner's control. Rankings depend on numerous factors including competition, content quality, backlinks, domain authority, and algorithm updates.
5.4. Security: While reasonable security practices are followed during development, the Owner does not guarantee that Your website will be immune from hacking, malware, data breaches, DDoS attacks, or unauthorized access. Post-delivery security is Client's responsibility unless covered by an active Maintenance Package.
5.5. Third-Party Services: The Owner does not warrant or guarantee the performance, availability, security, or compliance of any third-party services, platforms, APIs, hosting providers, or integrated tools. Client uses such services at their own risk and is bound by their respective terms.
5.6. Any estimates, timelines, performance projections, or suggestions provided by the Owner are advisory only and shall not constitute binding commitments or warranties.
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6. CLIENT RESPONSIBILITIES AND REPRESENTATIONS
6.1. You represent, warrant, and covenant that:
- All content, text, images, trademarks, logos, videos, data, and materials provided by You ("Client Content") are legally owned by You or You have obtained all necessary licenses, permissions, rights, and consents to use them;
- Client Content does not and will not infringe upon any intellectual property rights, privacy rights, publicity rights, or other proprietary or personal rights of any third party;
- Client Content does not and will not contain any defamatory, obscene, offensive, illegal, or prohibited material;
- Your business activities, products, services, and website usage comply with all applicable laws including but not limited to the Information Technology Act, 2000, Consumer Protection Act, 2019, Goods and Services Tax Act, 2017, Indian Penal Code, 1860, Copyright Act, 1957, Trade Marks Act, 1999, Personal Data Protection laws, and all other applicable central, state, and local legislation;
- You hold all requisite licenses, registrations, permits, approvals, and certifications to conduct Your business operations;
- Your business does not involve any illegal, fraudulent, defamatory, discriminatory, or prohibited activities;
- You will not use the delivered website for any unlawful purpose, spam, phishing, malware distribution, or violation of these Terms.
6.2. You shall be solely and exclusively responsible for:
- The legality, accuracy, appropriateness, quality, and compliance of all Client Content;
- Compliance with all data protection, privacy, taxation, consumer protection, advertising, e-commerce, and other regulatory obligations applicable to Your business;
- Obtaining and maintaining domain names, hosting services, SSL certificates, email accounts, and third-party service accounts required for Your website;
- Timely provision of all materials, information, credentials, feedback, approvals, and decisions necessary for service delivery;
- Payment of all applicable taxes, duties, levies, domain renewal fees, hosting fees, and third-party service charges;
- Backup and preservation of all data, content, files, and databases related to Your website;
- Security measures including strong passwords, two-factor authentication, access control, and regular security updates;
- Renewal of domain names, hosting services, SSL certificates, email accounts, and third-party subscriptions;
- Monitoring and moderating user-generated content (if applicable) on Your website;
- Compliance with accessibility standards, cookie consent requirements, and privacy policies if legally required;
- Testing and accepting deliverables within agreed timelines.
6.3. Impact of Delays: Any delay, non-performance, or failure caused by Your failure to provide timely inputs, approvals, content, credentials, or information shall:
- Not extend any delivery timeline or deadline;
- Not entitle You to refund, compensation, damages, or price reduction;
- Not constitute a breach by the Owner;
- Entitle the Owner to suspend work until inputs are received, with no adjustment to payment obligations;
- Result in automatic extension of the project timeline on a day-for-day basis.
6.4. Testing and Acceptance: You are responsible for thoroughly testing all deliverables (including functionality, content accuracy, links, forms, and compatibility) within five (5) business days of receiving access to the staging/preview environment. Failure to report issues within this period constitutes acceptance of the deliverables as satisfactory.
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7. PAYMENT TERMS
7.1. All fees are quoted in Indian Rupees (INR), are exclusive of applicable taxes, and are as displayed on https://nptrigunayat.com at the time of purchase.
7.2. Package Pricing:
- Starter: ₹11,999 (one-time payment)
- Business: ₹17,999 (one-time payment)
- Professional: ₹24,999 (one-time payment)
- Enterprise: ₹29,999 or as mutually agreed based on requirements
- Redesign: ₹18,999 (one-time payment, domain and emails NOT included)
- Maintenance: ₹3,999 per month (recurring)
7.3. Payment Structure:
- For packages up to ₹17,999: Minimum 50% advance before commencement, balance 50% before final delivery and handover.
- For packages ₹24,999 and above: Default payment structure is 50% advance before commencement, 50% before final delivery, or as mutually agreed in writing.
- For Maintenance Package: Monthly advance payment due on the 1st of each month. First month payable upon subscription.
- For Enterprise/Custom Projects: Payment milestones to be defined in the project proposal based on project phases and deliverables.
7.4. Additional Charges: Domain registration, email hosting, web hosting, SSL certificates, premium plugins, third-party API subscriptions, stock images/assets, and any third-party services are billed separately at actual cost plus a reasonable facilitation fee (typically 10-15%) unless otherwise agreed.
7.5. Non-Refundable Policy: All payments made to the Owner are strictly non-refundable under any circumstances, except where expressly required by mandatory consumer protection laws or agreed in a separate written refund agreement signed by the Owner.
This includes but is not limited to situations where:
- You change Your mind, business model, or requirements;
- You experience financial difficulties, business closure, or change in priorities;
- You are dissatisfied with the design, functionality, features, or deliverables;
- You fail to provide timely inputs, approvals, or content;
- Third-party services (hosting, domain, email, APIs) experience issues or downtime;
- Your website does not generate expected traffic, leads, conversions, or revenue;
- You decide to engage another developer or change service providers;
- You terminate the contract for any reason;
- Force majeure events prevent project completion.
7.6. Work Product Retention: In the event of non-payment or partial payment, the Owner retains ownership of all work product, and You forfeit all payments made with no entitlement to deliverables or refund.
7.7. Late Payment Consequences: If any payment installment or recurring fee is not received by the due date:
- All work shall be immediately suspended until payment is received in cleared funds;
- Interest at the rate of 18% per annum shall accrue on overdue amounts from the due date until payment;
- Access to staging/preview environments may be revoked;
- The Owner may terminate the contract without notice, retain all payments made, and withhold all deliverables and intellectual property;
- You shall remain liable for the full contract value plus interest, collection costs, and legal fees;
- Late payment fees of ₹500 per day may be applied after 7 days of non-payment.
7.8. Withholding of Deliverables: The Owner reserves the absolute right to withhold delivery of all work product, source code, files, credentials, documentation, and intellectual property until full and final payment (including all applicable taxes, third-party charges, and interest) is received in cleared funds.
7.9. Taxes: All fees are exclusive of Goods and Services Tax (GST) and any other applicable taxes, levies, or duties, which shall be added to invoices as per applicable law. You are responsible for all taxes arising from this transaction. The Owner will provide GST-compliant invoices where applicable.
7.10. Invoicing: Invoices will be issued via email and are payable immediately upon receipt unless otherwise specified. Accepted payment methods include bank transfer (NEFT/RTGS/IMPS), UPI, or other methods as communicated.
7.11. Maintenance Package Billing: For the Maintenance Package:
- Payment is due on the 1st of each month in advance;
- Services commence only after the first month's payment is received;
- Hosting, domain renewal, SSL renewal, and email charges (if applicable) are billed separately at actual cost when due;
- Non-payment for two consecutive months results in automatic service suspension and termination;
- No refunds for unused services or partial months.
7.12. Price Changes: The Owner reserves the right to modify pricing for future engagements with 30 days' notice. Pricing changes do not affect active, paid projects.
7.13. No work shall commence until the required advance payment is received and confirmed in the Owner's bank account.
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8. INTELLECTUAL PROPERTY RIGHTS
8.1. All intellectual property rights, including but not limited to copyrights, design rights, database rights, source code, object code, graphics, templates, frameworks, methodologies, algorithms, and proprietary tools created or used during service delivery, shall remain the exclusive and absolute property of the Owner until full and final payment (including all taxes, third-party charges, and interest) is received.
8.2. License Grant: Upon receipt of full and final payment, the Owner grants You a non-exclusive, non-transferable, perpetual, royalty-free license to use the delivered website, source code, and associated materials solely for Your internal business purposes as originally intended.
8.3. Proprietary Components: The following remain the Owner's exclusive property indefinitely:
- Reusable frameworks, libraries, and code components developed by the Owner;
- Proprietary development tools, methodologies, and workflows;
- Pre-existing code, templates, or assets incorporated into the project;
- Knowledge, techniques, and processes used in service delivery.
8.4. Portfolio Rights: The Owner expressly retains the perpetual, irrevocable, worldwide, royalty-free right to:
- Use, reproduce, display, publish, and showcase the completed work in portfolios, case studies, presentations, and marketing materials;
- Publish screenshots, descriptions, features, and details of the project on https://nptrigunayat.com, social media, GitHub, Behance, Dribbble, and other platforms;
- Reference You as a client in business development, proposals, and professional networking activities;
- Share the work publicly for promotional and educational purposes.
You may object to portfolio usage only by providing written notice at the time of initial contract execution with valid business justification. Portfolio rights cannot be revoked after project completion without separate written agreement and consideration.
8.5. Restrictions: You shall not:
- Reverse engineer, decompile, disassemble, or attempt to derive source code from any proprietary components or obfuscated code;
- Resell, sublicense, redistribute, or transfer any deliverables to third parties for commercial exploitation;
- Remove, modify, or obscure any proprietary notices, credits, watermarks, attribution links, or copyright notices placed by the Owner;
- Claim ownership or authorship of the Owner's proprietary tools, frameworks, methodologies, or pre-existing components;
- Use deliverables for purposes other than the originally agreed scope without written permission;
- Create derivative works based on the Owner's proprietary frameworks or tools.
8.6. Third-Party Components: Any third-party software, plugins, libraries, frameworks, fonts, icons, APIs, or services integrated into the project remain subject to their respective licenses and terms of use. You are solely responsible for compliance with such third-party terms and for obtaining necessary licenses if required.
8.7. Client Content: You retain all intellectual property rights in Client Content provided by You. By providing Client Content, You grant the Owner a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, and display such content solely for the purpose of performing services under this contract and for portfolio use as permitted under Clause 8.4.
8.8. Open Source: If the project uses open-source components, they remain subject to their respective licenses (MIT, GPL, Apache, etc.). The Owner will disclose significant open-source dependencies upon request.
8.9. Trademarks: Neither party acquires any rights in the other party's trademarks, trade names, or branding by virtue of this contract.
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9. LIMITATION OF LIABILITY
9.1. To the maximum extent permitted under the Indian Contract Act, 1872, Consumer Protection Act, 2019, and applicable law, the Owner's aggregate liability arising out of or related to this contract, whether in contract, tort (including negligence), breach of statutory duty, strict liability, or otherwise, shall not exceed the total fees actually paid by You to the Owner under the specific engagement giving rise to the claim.
9.2. Exclusion of Consequential Damages: The Owner shall under no circumstances be liable for any indirect, incidental, consequential, special, punitive, exemplary, or enhanced damages, including but not limited to:
- Loss of profits, revenue, business, sales, contracts, anticipated savings, or business opportunity;
- Loss of data, files, content, databases, or information (unless caused by gross negligence);
- Loss of goodwill, reputation, brand value, or customer relationships;
- Business interruption, downtime, operational delays, or lost productivity;
- Third-party claims, demands, lawsuits, or actions;
- Damages arising from third-party services including hosting providers, domain registrars, payment gateways, email services, CDN providers, or any integrated tools or APIs;
- Damages arising from security breaches, hacking, malware, viruses, ransomware, DDoS attacks, or unauthorized access;
- Damages arising from search engine algorithm changes, ranking fluctuations, de-indexing, or penalties;
- Damages arising from platform policy changes (social media, payment processors, etc.);
- Cost of procurement of substitute services or technology.
9.3. Specific Exclusions: The Owner shall not be liable for any damages, losses, or claims arising from:
- Unauthorized access, cyberattacks, data breaches, or security vulnerabilities in hosting, third-party services, or Client's own systems;
- Your failure to implement security measures, software updates, backups, SSL certificates, or access controls;
- Inaccurate, incomplete, delayed, or untimely information, materials, or approvals provided by You;
- Changes to third-party services, APIs, terms, availability, pricing, or discontinuation;
- Browser compatibility issues arising from browser updates released after delivery;
- Device or operating system compatibility issues outside the agreed testing scope;
- Your modifications, customizations, or alterations to delivered work;
- Your use of the website or services outside the agreed scope, for unlawful purposes, or in violation of third-party terms;
- Force majeure events or circumstances beyond the Owner's reasonable control;
- Your failure to renew domains, hosting, SSL certificates, or maintain backups;
- Content posted by Your users or third parties (if applicable);
- Regulatory or legal compliance issues related to Your specific industry or jurisdiction.
9.4. Acknowledgment: You acknowledge and agree that:
- The fees charged reflect the allocation of risk and limitation of liability set forth in this Clause;
- The limitations and exclusions in this Clause are reasonable, fair, and fundamental to the basis of the bargain between You and the Owner;
- The Owner would not enter into this contract without these limitations;
- You have had the opportunity to negotiate these terms or obtain insurance coverage for risks not covered herein;
- These limitations reflect industry standard practices for IT service contracts.
9.5. These limitations shall apply even if:
- The Owner has been advised of the possibility of such damages or losses;
- The limited remedies provided fail of their essential purpose;
- Any limited remedy provided in these Terms is found to have failed of its essential purpose.
9.6. Time Limit for Claims: No liability shall arise for any claim brought more than six (6) months after the cause of action accrues or the date of final delivery, whichever is earlier.
9.7. Mitigation: You agree to take all reasonable steps to mitigate any losses or damages You may suffer. The Owner's liability shall be reduced to the extent that You fail to mitigate.
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10. INDEMNIFICATION
10.1. You agree to indemnify, defend, and hold harmless the Owner, Ravi Trigunayat, Nainabh Prakash Trigunayat, and their respective affiliates, contractors, agents, employees, successors, and representatives (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, judgments, settlements, damages, losses, costs, and expenses (including but not limited to reasonable legal fees, court costs, arbitration costs, and expenses of litigation) arising out of or related to:
a) Your breach of any provision of these Terms or any representation, warranty, or covenant herein;
b) Your violation of any applicable law, regulation, statute, ordinance, industry standard, or third-party rights;
c) Client Content provided by You, including any infringement or alleged infringement of intellectual property rights, privacy rights, publicity rights, proprietary rights, or defamation claims;
d) Your use or misuse of the delivered website, services, hosting, domain, or any component thereof;
e) Any claims by Your customers, users, clients, subscribers, or third parties related to Your business activities, products, services, website content, or terms of service;
f) Your failure to comply with taxation, consumer protection, data privacy, e-commerce, advertising, accessibility, or other regulatory obligations;
g) Any false, misleading, fraudulent, or inaccurate information provided by You;
h) Your failure to maintain security, implement updates, maintain backups, or control access;
i) Any modification, alteration, customization, or addition made to deliverables after delivery by You or third parties;
j) Any dispute or claim arising from third-party services including hosting, domain registration, email services, payment processing, or any integrated platforms or APIs;
k) Security breaches, data loss, or unauthorized access caused by Your negligence or failure to follow security best practices;
l) Your failure to renew domains, hosting, SSL certificates, or maintain necessary services;
m) Any employment, contractor, or partnership claims arising from Your relationship with any individuals or entities.
10.2. Defense Obligations: You shall, at Your sole expense:
- Promptly notify the Owner in writing of any claim subject to indemnification;
- Defend the Indemnified Parties against any such claim using legal counsel acceptable to the Owner;
- Pay all damages, costs, settlements, and expenses finally awarded or agreed in settlement;
- Cooperate fully with the Owner's defense if the Owner chooses to participate.
10.3. Owner's Rights: The Owner reserves the right to:
- Assume exclusive defense and control of any matter subject to indemnification by You, at Your expense;
- Approve any settlement that affects the Owner's rights or creates obligations for the Owner;
- Participate in defense at the Owner's own expense.
10.4. No Settlement Without Consent: You shall not settle any claim subject to indemnification without the Owner's prior written consent if such settlement:
- Admits fault or liability on behalf of the Indemnified Parties;
- Imposes any obligation on the Indemnified Parties;
- Does not include a complete release of the Indemnified Parties.
10.5. This indemnification obligation shall survive termination or expiration of this contract indefinitely.
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11. CONFIDENTIALITY
11.1. Each party agrees to maintain the confidentiality of any proprietary, sensitive, or non-public information disclosed by the other party during the term of this engagement ("Confidential Information").
11.2. Confidential Information includes:
- Business plans, strategies, financial information, and trade secrets;
- Technical information, source code, algorithms, and proprietary methodologies;
- Customer lists, pricing information, and business relationships;
- Any information marked as "Confidential" or that a reasonable person would understand to be confidential.
11.3. Confidential Information does not include information that:
- Is publicly available through no breach of this agreement;
- Was rightfully in the receiving party's possession prior to disclosure, as evidenced by written records;
- Was independently developed without use of the disclosing party's information;
- Is required to be disclosed by law, regulation, court order, or government authority, provided the receiving party provides prompt written notice to the disclosing party and cooperates in any effort to obtain protective treatment.
11.4. Portfolio Exception: The Owner may disclose project details, screenshots, descriptions, features, and Client identity for portfolio and marketing purposes as provided in Clause 8.4, which shall not be deemed a breach of confidentiality unless You have provided timely written objection as specified.
11.5. Use of Information: Each party agrees to use Confidential Information solely for the purpose of performing obligations under this contract and not for any other purpose.
11.6. Return of Materials: Upon termination or upon request, each party shall promptly return or destroy all Confidential Information and copies thereof in its possession.
11.7. This obligation shall survive termination of the contract for a period of three (3) years, except for trade secrets which shall remain confidential indefinitely.
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12. TERMINATION
12.1. Termination by Owner: The Owner may terminate this contract immediately, without notice, without refund, and without liability if:
- You breach any material provision of these Terms;
- You fail to make any payment when due and such failure continues for seven (7) days after written notice;
- You provide false, misleading, fraudulent, or materially inaccurate information;
- You engage in illegal, fraudulent, unethical, abusive, or threatening conduct toward the Owner or representatives;
- You use the services in a manner that violates applicable law or infringes third-party rights;
- You request features, content, or functionality that would violate law or infringe third-party rights;
- You repeatedly fail to provide necessary inputs, approvals, or cooperation despite written requests;
- The Owner reasonably believes continued performance would expose the Owner to legal liability, reputational harm, or financial loss;
- You become insolvent, file for bankruptcy, or cease business operations.
12.2. Consequences of Owner Termination: Upon termination by the Owner for cause:
- You forfeit all payments made, with absolutely no entitlement to refund;
- No deliverables, work product, files, source code, or intellectual property shall be transferred to You;
- All licenses granted under Clause 8 immediately terminate;
- You shall immediately cease all use of any materials, preview environments, or credentials provided by the Owner;
- You remain liable for any unpaid fees, outstanding amounts, and collection costs;
- The Owner may delete all work product and is under no obligation to preserve it.
12.3. Termination by Client: You may terminate this contract by providing fifteen (15) days' prior written notice to the Owner via email to hello@nptrigunayat.com, subject to:
- Payment of all fees for work completed and in progress up to the termination date, calculated on a pro-rata basis or milestone basis as mutually agreed;
- No refund of any payments already made for any reason whatsoever;
- Payment of a termination fee equal to 25% of the remaining contract value to compensate for opportunity cost and business disruption;
- Completion of exit procedures including handover of completed work (if paid for).
12.4. Termination of Maintenance Package:
- By Owner: Immediate termination for non-payment or breach, with no refund for the current month.
- By Client: Thirty (30) days' written notice required. No refund for unused services or the notice period.
- Minimum commitment of three (3) months must be completed before cancellation is permitted.
12.5. Automatic Termination: This contract shall automatically terminate without notice if:
- You cease business operations permanently;
- You become insolvent, file for bankruptcy protection, or make an assignment for the benefit of creditors;
- You engage in any activity that results in suspension or termination of critical third-party services (hosting, domain, payment processing).
12.6. Effect of Termination: Upon termination for any reason:
- All unpaid amounts become immediately due and payable;
- All licenses granted under Clause 8 immediately terminate unless full payment has been made and intellectual property has been transferred;
- You shall immediately cease all use of deliverables if intellectual property has not been transferred;
- The Owner may disable access to staging environments, repositories, and preview links;
- All obligations under Clauses 5, 8, 9, 10, 11, 13, and 14 shall survive termination indefinitely;
- The Owner has no obligation to maintain, preserve, or return any work product, files, or data unless explicitly agreed and paid for.
12.7. No Liability for Termination: Except as expressly provided herein, neither party shall be liable to the other for damages arising from termination in accordance with these Terms.
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13. FORCE MAJEURE
13.1. The Owner shall not be liable for any delay, failure, or non-performance of obligations under these Terms due to circumstances beyond reasonable control ("Force Majeure Event"), including but not limited to:
- Acts of God, natural disasters, earthquakes, floods, storms, hurricanes, wildfires, or pandemics/epidemics;
- War, terrorism, civil unrest, riots, insurrection, or government actions/orders;
- Internet outages, telecommunications failures, power failures, or infrastructure disruptions;
- Cyberattacks, ransomware, DDoS attacks, or hacking affecting infrastructure or third-party services;
- Strikes, labor disputes, lockouts, or supply chain disruptions;
- Failure or unavailability of critical third-party services, platforms, APIs, hosting providers, or cloud infrastructure;
- Changes in law, regulations, or compliance requirements that prevent performance;
- Any other events or circumstances that are unforeseeable, unavoidable, and beyond the Owner's reasonable control.
13.2. Effect of Force Majeure:
- The Owner's obligations shall be suspended for the duration of the Force Majeure Event;
- Delivery timelines shall be automatically extended by a period equal to the duration of the Force Majeure Event plus reasonable recovery time;
- No refund, compensation, penalty, or damages shall be payable;
- The Owner shall make commercially reasonable efforts to mitigate the impact and resume performance;
- The Owner shall notify You of the Force Majeure Event and its expected duration within a reasonable time.
13.3. Extended Force Majeure: If the Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate the contract by providing written notice, without liability to the other party. In such case:
- No refund of payments made shall be provided;
- The Owner shall deliver all completed work product (if any) in its then-current state;
- The parties shall reasonably cooperate to minimize losses.
13.4. Force Majeure does not excuse payment obligations for work already completed or services already rendered.
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14. DISPUTE RESOLUTION AND JURISDICTION
14.1. Governing Law: These Terms shall be governed by and construed in accordance with the substantive laws of India, including but not limited to the Indian Contract Act, 1872, Information Technology Act, 2000, Consumer Protection Act, 2019, and the Arbitration and Conciliation Act, 1996, without regard to conflict of law principles.
14.2. Amicable Resolution: Prior to initiating any formal dispute resolution proceedings, the parties agree to engage in good-faith negotiation to resolve any dispute, claim, or controversy arising out of or relating to these Terms for a period of thirty (30) days from the date written notice of the dispute is provided.
Negotiation shall be conducted between:
- For Client: You or Your authorized representative
- For Owner: Ravi Trigunayat or authorized representative
14.3. Binding Arbitration: If the parties are unable to resolve the dispute through negotiation within the specified period, any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof (including the validity, scope, and enforceability of this arbitration clause) shall be resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended.
The arbitration shall be conducted as follows:
a) Seat and Venue: Lucknow, Uttar Pradesh, India (exclusive seat of arbitration)
b) Language: English and/or Hindi, at the arbitrator's discretion
c) Number of Arbitrators: One (1) sole arbitrator mutually appointed by the parties within fifteen (15) days of the arbitration notice. Failing mutual agreement, the arbitrator shall be appointed by the Lucknow District Court or as per Section 11 of the Arbitration and Conciliation Act, 1996.
d) Arbitration Rules: The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, as amended, and rules thereunder. The arbitrator shall have discretion to determine procedural matters not covered by the Act.
e) Discovery: Discovery shall be limited to what is reasonably necessary and proportionate to resolve the dispute efficiently. The arbitrator shall have authority to limit discovery requests.
f) Costs and Fees:
- Each party shall bear its own legal fees, expert fees, and costs of representation;
- Arbitration fees, arbitrator's fees, and administrative costs shall be shared equally unless the arbitrator awards costs to the prevailing party;
- The arbitrator shall have discretion to award costs and fees to the prevailing party as justice requires.
g) Award: The arbitral award shall be:
- Final and binding upon both parties;
- Enforceable in any court of competent jurisdiction in India or internationally under the New York Convention;
- In writing, with reasons stated;
- Subject to limited grounds for challenge under Section 34 of the Arbitration and Conciliation Act, 1996.
h) Confidentiality: The arbitration proceedings, evidence, documents, and award shall be kept confidential by both parties except as required by law or to enforce the award.
14.4. Exclusive Jurisdiction: Subject to Clause 14.3, the courts of Lucknow, Uttar Pradesh, India shall have exclusive jurisdiction over:
- Enforcement of arbitral awards;
- Interim or injunctive relief prior to or during arbitration;
- Appointment of arbitrators if parties fail to agree;
- Matters outside the scope of arbitration (if any);
- Any matter arising out of or relating to these Terms if arbitration is found to be invalid or unenforceable.
14.5. Waiver of Objections: You irrevocably and unconditionally:
- Waive any objection to the venue, jurisdiction, or convenience of the courts of Lucknow, Uttar Pradesh, India, or to arbitration seated in Lucknow;
- Waive any claim that such courts or arbitration in Lucknow constitute an inconvenient, inappropriate, or unsuitable forum;
- Submit to the exclusive jurisdiction of such courts and arbitration.
14.6. Interim Relief: Notwithstanding the arbitration clause, either party may seek interim, provisional, or injunctive relief from the courts of Lucknow, Uttar Pradesh, India, to:
- Preserve rights or property;
- Prevent irreparable harm;
- Maintain the status quo pending arbitration;
- Protect intellectual property rights;
- Enforce confidentiality obligations.
Such application for interim relief shall not constitute a waiver of the obligation to arbitrate.
14.7. Class Action Waiver: You agree that any dispute resolution proceedings shall be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
14.8. Limitation Period: No claim or action arising out of these Terms may be brought more than six (6) months after the cause of action accrues or the date of final delivery, whichever is earlier. Any claim not brought within this period is permanently barred.
14.9. Small Claims Exception: Notwithstanding the above, either party may bring a claim in small causes court or equivalent tribunal if the claim falls within the jurisdictional and monetary limits of such court.
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15. GENERAL PROVISIONS
15.1. Severability: If any provision of these Terms is held invalid, illegal, void, or unenforceable by a court of competent jurisdiction or arbitral tribunal, such provision shall be:
- Modified to the minimum extent necessary to make it valid and enforceable while preserving its intent and economic effect; or
- If modification is not possible, severed from these Terms;
- And all other provisions shall remain in full force and effect.
The invalidity of any provision shall not affect the validity or enforceability of any other provision.
15.2. Entire Agreement: These Terms, together with any:
- Written service proposals or quotations executed by the Owner;
- Payment invoices or receipts;
- Project scope documents signed by both parties;
- Email communications expressly incorporated by reference;
constitute the entire agreement between the parties and supersede all prior or contemporaneous oral or written communications, representations, understandings, agreements, or proposals.
15.3. No Waiver: The Owner's failure, delay, or forbearance in enforcing any provision of these Terms shall not:
- Constitute a waiver of that provision or any other provision;
- Affect the Owner's right to enforce such provision thereafter;
- Preclude the Owner from enforcing any other rights or remedies.
Any waiver must be in writing and signed by the Owner to be effective. Waiver of one breach does not waive subsequent breaches.
15.4. Amendment and Modification:
- The Owner reserves the right to amend, modify, or update these Terms at any time by posting updated Terms on https://nptrigunayat.com with a new Effective Date.
- Material changes shall be notified via email to registered Clients or by prominent notice on the website.
- Your continued use of services or website after such posting constitutes acceptance of the amended Terms.
- For ongoing projects, amendments take effect for work commenced after the amendment date.
15.5. Assignment and Transfer:
- You may not assign, transfer, delegate, or sublicense Your rights or obligations under these Terms without the Owner's prior written consent, which may be withheld at the Owner's sole discretion. Any attempted assignment without consent shall be null and void.
- The Owner may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction or notice to:
- Any affiliate, subsidiary, or related entity;
- Any successor or acquirer in connection with a merger, acquisition, or sale of assets;
- Any subcontractor for performance of services (while remaining liable for such performance).
15.6. Notices: All notices, requests, demands, and communications required or permitted under these Terms shall be:
- In writing;
- In English language;
- Sent to the addresses provided by the parties;
- Deemed delivered when:
- Sent by email with confirmation of receipt/read receipt; or
- Three (3) business days after posting by registered post/speed post with acknowledgment; or
- Upon personal delivery with written acknowledgment.
Owner's Contact Details:
- Email: hello@nptrigunayat.com
- Phone: +91 9506919515
- Website: https://nptrigunayat.com
Client's Contact Details: The email address and contact information provided during service engagement or registration.
15.7. Survival: The following Clauses shall survive termination or expiration of this contract indefinitely:
- Clause 4 (Marketing Statements and Disclaimers)
- Clause 5 (No Warranties or Guarantees)
- Clause 7.5 (Non-Refundable Policy)
- Clause 8 (Intellectual Property Rights)
- Clause 9 (Limitation of Liability)
- Clause 10 (Indemnification)
- Clause 11 (Confidentiality) – for three years
- Clause 14 (Dispute Resolution and Jurisdiction)
- Clause 15 (General Provisions)
15.8. Independent Contractor: The relationship between the parties is that of independent contractors. Nothing in these Terms shall be construed to create, imply, or give effect to:
- A partnership, joint venture, or association;
- An employment relationship or employer-employee relationship;
- An agency relationship (except as specifically authorized);
- A fiduciary duty or relationship.
Neither party has authority to bind the other or incur obligations on behalf of the other.
15.9. Headings and Captions: Clause headings and captions are for convenience and reference only and shall not affect the interpretation, construction, or meaning of these Terms.
15.10. No Third-Party Benefits: These Terms are intended solely for the benefit of the parties hereto and their respective successors and permitted assigns. No provision of these Terms confers any rights, benefits, or remedies upon any person or entity other than the parties and their successors and permitted assigns.
15.11. Counterparts and Electronic Signatures: These Terms and any amendments or related agreements may be executed in counterparts, each of which shall be deemed an original. Electronic signatures and digital acceptance shall have the same legal effect as original signatures.
15.12. Language: In the event of any translation of these Terms into any other language, the English language version shall prevail in case of any inconsistency or conflict.
15.13. Force and Effect: These Terms shall remain in full force and effect during the term of service engagement and indefinitely thereafter to the extent necessary to enforce rights and obligations that survive termination.
15.14. Compliance with Laws: Each party shall comply with all applicable laws, regulations, and industry standards in performing its obligations under these Terms.
15.15. Publicity: Unless You provide written objection, the Owner may:
- Issue press releases or announcements regarding the engagement;
- Use Your name and logo in client lists and marketing materials;
- Publicly reference the business relationship in promotional contexts.
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16. ELECTRONIC RECORDS AND DIGITAL ACCEPTANCE
16.1. You acknowledge and agree that electronic records, digital signatures, electronic communications, and clickwrap acceptances are legally valid, binding, and enforceable under the Information Technology Act, 2000, and constitute admissible evidence in legal proceedings, arbitration, and courts.
16.2. The Owner may create, store, and maintain electronic records of:
- Your acceptance of these Terms (including timestamp, IP address, device information, browser details, and method of acceptance);
- All communications, emails, messages, correspondence, and conversations between the parties;
- All transactions, payments, invoices, receipts, and financial records;
- All service requests, forms, submissions, and inquiries;
- All project files, deliverables, work product, and documentation;
- All approvals, feedback, and instructions provided by You;
- Website access logs, analytics data, and usage patterns.
16.3. Such electronic records shall:
- Constitute valid, conclusive, and binding evidence of the matters recorded therein;
- Be admissible in any legal proceedings, arbitration, or court without requirement for further proof;
- Have the same legal effect as original signed documents.
16.4. Electronic Communications: You expressly consent to:
- Receive all communications, agreements, invoices, notices, disclosures, documents, and legal notices in electronic form via email or through the website;
- Such electronic communications satisfying any legal requirement that communications be in writing;
- Electronic delivery being deemed effective when sent to Your registered email address.
16.5. Maintenance of Email Address: You are responsible for:
- Maintaining a valid, active, and regularly monitored email address;
- Ensuring the Owner can contact You electronically without bouncebacks or delivery failures;
- Promptly notifying the Owner of any change in email address;
- Checking spam/junk folders for important communications.
16.6. Digital Signatures: You agree that:
- Clicking "I Agree," "Submit," "Accept," "Get Started," "Book Consultation," or similar buttons constitutes Your legally binding electronic signature;
- Such electronic signature has the same force and effect as a handwritten signature;
- You cannot later deny the validity of Your electronic signature.
16.7. Record Retention: The Owner shall retain electronic records for a minimum of three (3) years from the date of transaction or as required by applicable law, whichever is longer.
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17. SPECIFIC PACKAGE TERMS AND CLARIFICATIONS
17.1. Delivery Timelines:
- All stated delivery timelines are estimates only and are not guaranteed deadlines.
- Timelines commence upon receipt of full advance payment and all required inputs (content, credentials, approvals, etc.).
- Delays caused by You, third-party services, or force majeure do not extend timelines for refund purposes and do not entitle You to compensation.
- Actual delivery times depend on project complexity, revisions requested, and Client responsiveness.
17.2. Support Period Definition:
- Post-launch support periods cover only bug fixes and technical assistance directly related to work delivered by the Owner.
- Support does NOT include: new features, design changes, layout modifications, content updates, additional pages, functionality enhancements, issues caused by Your modifications, third-party plugin/service failures, hosting/server issues, or performance degradation due to increased traffic.
- Support is provided via email during business hours (Monday-Friday, 10 AM - 6 PM IST, excluding public holidays).
- Response times are estimates, not guarantees. "Priority support" means faster response times on a best-efforts basis.
17.3. Maintenance Package Terms:
- Requires a minimum commitment of three (3) months. Cancellation before completion of minimum term requires payment for the full minimum term.
- Cancellation requires thirty (30) days' written notice via email. No refund for the notice period or current month.
- Services are provided on a best-efforts basis subject to availability and reasonable use.
- "Regular updates" refers to content updates, not major redesigns or new features.
- Maximum of two (2) hours of work per month included. Additional work billed at ₹1,500/hour.
- Hosting, domain renewal, SSL renewal, premium plugin licenses, and email hosting are billed separately at actual cost plus 10-15% facilitation fee.
17.4. Enterprise Package Terms:
- Scope, features, deliverables, timeline, and payment schedule shall be defined in a separate written proposal or Statement of Work.
- Base price of ₹29,999 may be adjusted based on actual requirements.
- Clause 7.5 (Non-Refundable Policy) applies to all Enterprise payments.
- Complex projects may require multiple payment milestones (e.g., 30% advance, 40% mid-project, 30% before delivery).
- Additional consultation hours included as specified in proposal.
17.5. Redesign Package Terms:
- Requires existing website URL, hosting credentials, and full content access.
- Content migration refers to existing text and images only, not restructuring or copywriting.
- "Training session" is a one-time 60-minute video call or screen recording on how to update the new website.
- Domain registration and email setup are NOT included and must be purchased separately or already owned by Client.
17.6. Domain, Email, and Hosting Clarifications:
- When "domain, emails, and hosting priced separately" is stated, the Owner facilitates purchase through reputable third-party providers (e.g., Hostinger, Namecheap, GoDaddy, etc.).
- The Owner charges actual cost plus a facilitation/setup fee of 10-15%.
- Domain registration is typically ₹500-1,500/year depending on TLD (.com, .in, etc.).
- Email hosting is typically ₹100-500/month depending on provider and number of accounts.
- Web hosting ranges from ₹200-2,000/month depending on hosting type (shared, VPS, cloud) and requirements.
- Client owns the domain and hosting accounts registered in their name. The Owner only assists with setup.
- Renewal is Client's responsibility. The Owner may send courtesy reminders but is not liable for expired domains or hosting.
17.7. Free Consultation Terms:
- One (1) free 30-minute consultation per project/inquiry.
- Consultation is discovery and advisory only, not design or development work.
- The Owner reserves the right to decline projects that are not a good fit.
- Consultation does not create any obligation for either party to proceed.
17.8. Third-Party Dependencies:
- Features dependent on third-party services (payment gateways, APIs, hosting, email, social media integrations, maps, analytics) are subject to those services' availability, terms, pricing, and limitations.
- The Owner is not liable for third-party service failures, discontinuation, price increases, policy changes, API deprecations, or downtime.
- Client must create and maintain accounts with third-party services as required (Razorpay, Google Analytics, Facebook Pixel, etc.).
17.9. Responsive Design:
- "Mobile-friendly and responsive" means the website adapts to common screen sizes (desktop, tablet, mobile).
- Testing is performed on standard devices and browsers (Chrome, Firefox, Safari, Edge on Windows/Mac/iOS/Android).
- The Owner does not guarantee perfect rendering on every device model, browser version, or screen resolution.
- Legacy browsers (Internet Explorer, outdated mobile browsers) are not supported.
17.10. Performance Optimization:
- Performance optimization refers to technical best practices (code minification, image compression, lazy loading, caching headers).
- Actual load times depend on hosting server speed, geographic location, internet connection, and content size.
- The Owner does not guarantee specific load time metrics after deployment.
17.11. SEO Setup:
- "SEO setup" or "SEO-ready structure" refers to technical on-page SEO only: proper HTML structure, meta tags, alt text, sitemap, robots.txt, schema markup (basic implementation).
- Does NOT include: keyword research, content writing, link building, local SEO optimization, ongoing SEO monitoring, or Google Business Profile setup.
- Does NOT guarantee search engine rankings, indexing, or traffic.
17.12. Database Integration:
- In Professional/Enterprise packages, "database integration" refers to basic CRUD (Create, Read, Update, Delete) functionality for agreed features.
- Does NOT include: complex data analytics, reporting dashboards, data migration from legacy systems (unless explicitly agreed), or database administration.
- Client is responsible for database backups unless covered by Maintenance Package.
17.13. User Authentication:
- "User login and authentication" refers to basic email/password login with password reset functionality.
- Does NOT include: OAuth/social login (Google, Facebook), two-factor authentication, role-based access control with multiple permission levels, or single sign-on (unless explicitly agreed and separately priced).
17.14. Payment Gateway Integration:
- Refers to integration of Razorpay, Instamojo, PayU, or similar Indian payment gateways.
- Client must create their own merchant account and complete KYC verification.
- Payment gateway transaction fees, setup fees, and compliance requirements are Client's responsibility.
- The Owner is not liable for payment failures, disputes, chargebacks, or gateway downtime.
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18. REPRESENTATIONS REGARDING FAIRNESS
18.1. You acknowledge, represent, and agree that:
- You have read and understood these Terms in their entirety before accepting;
- You have had adequate and reasonable opportunity to seek independent legal, financial, or professional advice before accepting these Terms;
- You have had reasonable opportunity to negotiate, question, or object to any provisions with which You disagreed;
- You are entering into this contract voluntarily, without coercion, duress, undue influence, or misrepresentation;
- The terms, conditions, limitations, exclusions, and allocations of risk set forth herein are reasonable, fair, necessary, and customary for IT service contracts in India;
- The allocation of risk and limitation of liability reflect the nature of the services, the fees charged, and industry standard practices;
- The fees charged are consideration for the services and the assumption of limited liability by the Owner;
- These Terms do not constitute an unfair contract, unconscionable bargain, or contract of adhesion under applicable consumer protection or contract law;
- You have capacity and authority to enter into this binding agreement.
18.2. Acknowledgment of Alternatives: You acknowledge that:
- You have the option to negotiate custom terms for larger projects;
- You have the option to seek services from other providers with different terms;
- You have the option to decline engagement if You disagree with these Terms;
- You have chosen to engage the Owner's services with full knowledge of these Terms.
18.3. No Reliance on Oral Representations: You acknowledge that:
- You are not relying on any oral or written representations, promises, or statements made outside these Terms;
- All agreements, understandings, and commitments are contained herein;
- No employee, contractor, or representative of the Owner has authority to modify these Terms except through written amendment signed by the Owner.
18.4. If You do not agree with any provision of these Terms, You must not proceed with service engagement and must immediately cease use of the website and services.
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19. ACKNOWLEDGMENT OF UNDERSTANDING AND CONSENT
By proceeding with any action constituting acceptance under Clause 1.2, including but not limited to:
- Clicking "Get Started," "Book Consultation," "Submit," "I Agree," or any similar button;
- Selecting or purchasing a service package;
- Submitting any enquiry, contact form, or service request;
- Making any payment or deposit;
- Attending a consultation call;
You confirm, represent, warrant, and declare that:
a) You have carefully and thoroughly read, reviewed, and fully understood these Terms and Conditions in their entirety;
b) You agree to be legally bound by these Terms without reservation, qualification, or mental reservation;
c) You have had adequate and sufficient opportunity to seek independent legal counsel and advice regarding these Terms;
d) You voluntarily accept all risks, responsibilities, limitations, exclusions, disclaimers, and obligations set forth herein;
e) You acknowledge that these Terms constitute a valid, binding, and enforceable contract under Indian law;
f) You voluntarily and unconditionally consent to exclusive jurisdiction and arbitration seated in Lucknow, Uttar Pradesh, India;
g) You understand and accept the non-refundable nature of all payments made;
h) You understand and accept the limitations of liability and exclusion of warranties set forth herein;
i) You understand and accept the indemnification obligations placed upon You;
j) You have the legal capacity, authority, and right to enter into this contract;
k) You are not a minor or otherwise disqualified from contracting under Indian law;
l) If representing a business entity, You have full authority to bind such entity to these Terms;
m) You consent to electronic communications, digital signatures, and electronic record-keeping as legally binding.
By accepting these Terms, You waive any right to claim that:
- The Terms are unfair, unreasonable, or unenforceable;
- You did not understand or were not aware of the Terms;
- You did not have adequate opportunity to review or negotiate the Terms;
- You relied on oral representations contrary to these Terms.
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20. CONTACT INFORMATION
Legal Owner and Contracting Party:
Name: Ravi Trigunayat
Capacity: Legal Guardian of Nainabh Prakash Trigunayat
Business Name: NP Trigunayat (operating through https://nptrigunayat.com)
Location: Lucknow, Uttar Pradesh, India
Contact Details:
Email: hello@nptrigunayat.com
Phone: +91 9506919515
Instagram: @nptrigunayat
For legal notices, demands, and formal communications: Use the email address hello@nptrigunayat.com with subject line "LEGAL NOTICE" or send registered post to the address provided upon request.
For service inquiries and support: Contact through the website contact form at https://nptrigunayat.com/contact.html or email hello@nptrigunayat.com.
Response Times:
- Service inquiries: Within 24-48 hours during business days
- Legal notices: Acknowledgment within 5 business days
- Support requests (active projects): Within 24-48 hours during business days
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21. FINAL PROVISIONS
21.1. Effective Date: These Terms are effective as of January 4, 2026, and apply to all service engagements initiated on or after this date.
21.2. Version Control: This is Version 1.0 of these Terms and Conditions. Any amendments will be published with a new version number and effective date.
21.3. Precedence: In the event of any conflict between these Terms and any other document (proposal, invoice, email), these Terms shall prevail unless explicitly overridden by a written agreement signed by the Owner.
21.4. Interpretation: These Terms shall be interpreted:
- In accordance with their plain and ordinary meaning;
- As a whole, with each provision read in context;
- To give effect to the commercial intentions of the parties;
- Without presumption against the drafter (contra proferentem rule does not apply).
21.5. Binding Nature: These Terms are binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors, and permitted assigns.
21.6. Multiple Copies: You may print or save a copy of these Terms for Your records. The current version is always available at https://nptrigunayat.com/terms (or the Terms & Conditions link in the footer).
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END OF TERMS AND CONDITIONS
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ACCEPTANCE CONFIRMATION
By using this website, engaging any services, clicking any acceptance button, submitting any form, or making any payment, You acknowledge and confirm that:
✓ You have read and understood these Terms and Conditions in their entirety
✓ You agree to be legally bound by these Terms without reservation
✓ You accept all limitations of liability, disclaimers, and indemnification obligations
✓ You consent to exclusive jurisdiction in Lucknow, Uttar Pradesh, India
✓ You acknowledge all payments are non-refundable
✓ You have had adequate opportunity to seek legal advice
✓ You are entering into this contract voluntarily and with full understanding
This constitutes a legally binding agreement enforceable under Indian law.