Your Agreement with Pabitra Technology
Welcome to Pabitra Technology! These Terms of Service ("Terms") govern your access to and use of all services provided by Pabitra Technology, including our website, digital marketing services, web development, app development, and any related offerings (collectively, "Services").
**Last Updated:** February 27, 2024
1. Acceptance of Terms
By accessing or using our Services, you signify that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree with any part of these Terms, you must not use our Services.
2. Description of Services
Pabitra Technology offers a range of digital solutions, including but not limited to:
- Digital Marketing (SEO, PPC, SMM, Content Marketing)
- Website Design and Development
- Mobile Application Development
- E-commerce Solutions
- UI/UX Design
- Custom Software Development
- IT Consulting and Support
Specific details for each service will be outlined in a separate Statement of Work (SOW) or service agreement between Pabitra Technology and the client.
3. User Responsibilities
As a user or client of our Services, you agree to:
- Provide accurate, current, and complete information when engaging with us.
- Comply with all applicable local, state, national, and international laws and regulations.
- Not use the Services for any unlawful or prohibited activities.
- Ensure that any content or materials you provide do not infringe upon the intellectual property rights or privacy rights of any third party.
- Cooperate fully with Pabitra Technology in the provision of Services, including timely feedback and necessary approvals.
4. Intellectual Property Rights
4.1. Pabitra Technology's IP
All content, features, and functionality on our website (including but not limited to text, graphics, logos, icons, images, and software) are the exclusive property of Pabitra Technology and are protected by copyright, trademark, and other intellectual property laws.
4.2. Client IP
Any content, logos, trademarks, or materials provided by the client to Pabitra Technology for the purpose of service delivery remain the intellectual property of the client. The client grants Pabitra Technology a non-exclusive, royalty-free license to use such materials solely for the purpose of providing the agreed-upon Services.
4.3. Project Deliverables
Upon full and final payment for Services rendered, and unless otherwise specified in an SOW, the intellectual property rights for custom-developed project deliverables (e.g., website code, unique app design) will be transferred to the client. However, Pabitra Technology retains the right to use general know-how, concepts, and tools developed during the project for other clients, provided no client-specific confidential information or unique IP is used.
5. Payment Terms
Payment terms for all Services will be clearly outlined in the individual SOW or service agreement. Unless otherwise agreed:
- A deposit is typically required before the commencement of work.
- Payments may be structured in milestones or on a recurring basis.
- Late payments may incur interest charges.
- Pabitra Technology reserves the right to suspend or terminate Services for non-payment.
6. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of their engagement, including but not limited to business strategies, technical data, and client lists. This obligation shall survive the termination of Services.
7. Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PABITRA TECHNOLOGY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.
We do not guarantee that our Services will always be secure or error-free, or that Services will function without disruptions, delays, or imperfections.
8. Limitation of Liability
IN NO EVENT SHALL PABITRA TECHNOLOGY, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
9. Indemnification
You agree to defend, indemnify, and hold harmless Pabitra Technology and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms; or c) any content posted by you on or through the Service.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of Bhubaneswar, Odisha, India, without regard to its conflict of law provisions.
11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
12. Contact Us
If you have any questions about these Terms of Service, please contact us:
**Disclaimer:** This Terms of Service template is for informational purposes only and serves as a general guide. It is crucial to consult with a legal professional to draft a comprehensive and legally binding Terms of Service document that accurately reflects your business operations and complies with all applicable laws and regulations in your specific jurisdiction. Pabitra Technology will not be held responsible for any legal issues arising from the direct use of this template without proper legal review.