Terms of Service.
Terms & Conditions
Welcome to TechBrainsIndia. These Terms & Conditions govern your use of our website and your engagement with us for web development, software development, design, SEO, digital marketing, performance marketing, and related technology services.
By accessing our website, submitting an inquiry, engaging our services, or entering into a project agreement with us, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.
1. About Our Services
TechBrainsIndia provides technology and digital services including, but not limited to:
Website design and development
Web application and software development
Mobile application development
UI/UX design
Branding and creative design
AI and machine learning solutions
Search Engine Optimization (SEO)
Generative Engine Optimization (GEO)
Answer Engine Optimization (AEO)
Google PPC and paid advertising
Meta/Instagram advertising
Website maintenance and support
Technology consulting and related digital services
The exact scope of services, deliverables, timelines, fees, and responsibilities will be defined in the applicable proposal, statement of work, quotation, agreement, or other written communication accepted by both parties.
2. Project Scope
Each project will be undertaken based on the agreed scope of work.
Any functionality, feature, integration, design, content, platform, or service not specifically included in the agreed scope may be treated as additional work and may incur additional charges.
Changes to the agreed scope may affect project timelines and costs. Additional work will generally be undertaken only after confirmation or approval from the client.
3. Client Responsibilities
Successful project delivery requires timely cooperation from the client. Clients are responsible for providing, where applicable:
Accurate project requirements and business information
Content, images, brand assets, and other required materials
Access to hosting, domains, platforms, APIs, advertising accounts, analytics tools, and other systems
Timely feedback, approvals, and decisions
Accurate information required for development, marketing, or implementation
Delays in providing required information, approvals, access, or feedback may result in corresponding changes to project timelines.
4. Project Timelines
We will make reasonable efforts to meet the timelines communicated for a project. Estimated timelines may depend on project complexity, client feedback, third-party services, integrations, approvals, and other factors outside our control.
Where delays occur due to client dependencies, third-party platforms, technical issues, or changes in requirements, the original delivery timeline may need to be revised.
5. Payments and Fees
Project fees, payment schedules, and applicable taxes will be communicated in the applicable proposal, quotation, or agreement.
Unless otherwise agreed in writing:
Work may commence after receipt of the applicable advance payment.
Milestone payments must be made according to the agreed payment schedule.
Additional work outside the agreed scope may be billed separately.
Applicable taxes and third-party costs may be charged in addition to the quoted service fees.
Delayed payments may result in suspension or postponement of project work.
Payments already made for completed work, approved milestones, third-party purchases, or committed resources may not be refundable unless otherwise agreed in writing.
6. Third-Party Services and Platforms
Our services may involve third-party platforms, tools, APIs, hosting providers, plugins, applications, advertising platforms, payment gateways, AI services, or other external services.
While we may assist with their implementation and configuration, we do not control third-party platforms and cannot guarantee their continued availability, pricing, functionality, policies, or performance.
Any third-party subscription, license, advertising spend, hosting fee, API usage fee, or other external charge is generally the responsibility of the client unless otherwise agreed.
7. Website and Software Development
For development projects, the final deliverables will be based on the agreed scope and approved requirements.
Unless specifically included in the project scope, the following may be considered additional services:
New features or functionality
Major design changes after approval
Additional integrations
Migration of additional data
Third-party software or licenses
Ongoing maintenance
Server or infrastructure management
Content creation or data entry
Future enhancements
The client is responsible for reviewing and approving deliverables within a reasonable timeframe.
8. SEO Services
SEO is a long-term marketing activity influenced by numerous factors, including search engine algorithms, competition, industry conditions, website quality, content, technical factors, and user behavior.
We do not guarantee specific rankings, traffic levels, leads, conversions, or revenue from SEO services.
Our SEO services are based on professional analysis, established optimization practices, data, and ongoing strategy refinement. Search engine algorithm changes or other external factors may affect performance.
9. AI SEO, GEO and AEO
AI-powered search and answer engines are rapidly evolving. While we use appropriate strategies, tools, data, and optimization techniques to improve visibility across search engines and AI-driven platforms, we cannot guarantee that a particular brand, page, content piece, or website will be cited, referenced, recommended, or displayed by any specific AI or answer engine.
Results may vary based on platform algorithms, content quality, authority, competition, search behavior, and other external factors.
10. Performance Marketing and Paid Advertising
For paid advertising services, we may manage campaigns across platforms such as Google Ads and Meta Ads.
Advertising results may vary depending on factors including budget, audience, competition, industry, creative assets, landing pages, offers, seasonality, platform policies, and market conditions.
We do not guarantee a specific number of clicks, leads, conversions, sales, cost per acquisition, or return on advertising spend unless expressly agreed in writing.
Advertising platform charges and media spend are separate from our professional service fees unless otherwise stated.
11. Content and Client-Supplied Materials
The client represents that it has the necessary rights and permissions to use any content, images, logos, trademarks, data, documents, or other materials supplied to us.
The client remains responsible for the accuracy, legality, and ownership of client-provided materials.
We may rely on information supplied by the client when developing websites, software, content, or marketing campaigns.
12. Intellectual Property
Unless otherwise agreed in writing, intellectual property created specifically for and fully paid for by the client may be transferred to the client upon completion of the applicable project.
Our pre-existing intellectual property, frameworks, libraries, reusable components, methodologies, processes, tools, templates, know-how, and internal technology remain the property of TechBrainsIndia.
Third-party software, plugins, libraries, fonts, stock images, APIs, and other licensed materials remain subject to their respective licenses and terms.
13. Portfolio and Marketing Rights
Unless the client requests otherwise in writing, TechBrainsIndia may reference completed projects in its portfolio and marketing materials, including the client's name, project description, screenshots, or publicly available information.
We will respect reasonable confidentiality requirements and will not publicly disclose confidential information without appropriate authorization.
14. Confidentiality
Both parties agree to treat confidential business, technical, financial, customer, and project information received from the other party as confidential.
Confidential information will not be disclosed to third parties except where necessary to perform the services, required by law, or authorized by the relevant party.
This obligation does not apply to information that is publicly available, independently developed, already known without confidentiality obligations, or lawfully obtained from another source.
15. Testing and Acceptance
Clients are responsible for reviewing deliverables and providing feedback during the applicable review period.
Once a deliverable or milestone has been approved, subsequent changes may be treated as additional work if they fall outside the originally agreed scope.
We will make reasonable efforts to correct issues that are directly related to the agreed specifications.
16. Warranty and Post-Delivery Support
Where applicable, a limited free warranty period may be provided after project delivery. The warranty is intended to address defects or issues directly related to the delivered work and does not generally cover new requirements, third-party changes, platform updates, or modifications made by others.
After the applicable free warranty period, ongoing maintenance, support, troubleshooting, enhancements, and further development will be provided as a paid service under the applicable support plan, retainer, or hourly/project engagement.
17. Website and Service Availability
We aim to provide reliable services, but we do not guarantee uninterrupted availability of websites, applications, servers, APIs, third-party platforms, or other technology infrastructure.
Downtime caused by hosting providers, third-party services, domain providers, security incidents, internet infrastructure, or circumstances beyond our reasonable control may occur.
18. Limitation of Liability
To the maximum extent permitted by applicable law, TechBrainsIndia will not be liable for indirect, incidental, special, consequential, or business losses, including loss of profits, revenue, business opportunities, data, or goodwill arising from the use of our services.
Our total liability in connection with a project or service will, where permitted by law, be limited to the amount actually paid by the client to TechBrainsIndia for the specific service giving rise to the claim during the applicable period.
Nothing in these Terms is intended to exclude liability that cannot legally be excluded or limited.
19. Suspension or Termination
Either party may terminate a project or ongoing engagement in accordance with the terms of the applicable agreement.
We reserve the right to suspend services where:
Payments remain overdue;
The client materially breaches these Terms;
Required access or information is not provided;
The project involves unlawful or prohibited activity; or
Continued work creates significant technical, legal, security, or operational risk.
Fees for work already completed and approved commitments or third-party costs may remain payable following termination.
20. Force Majeure
We will not be responsible for delays or failure to perform caused by circumstances beyond our reasonable control, including natural disasters, government actions, internet or infrastructure failures, cyber incidents, third-party platform outages, labor disruptions, or other unforeseen events.
21. Acceptable Use
Clients must not use our services for unlawful, fraudulent, deceptive, abusive, or malicious activities.
We reserve the right to refuse or discontinue services where we reasonably believe that a project violates applicable law, third-party policies, or ethical and professional standards.
22. Changes to These Terms
We may update these Terms & Conditions from time to time to reflect changes in our services, business practices, technology, or applicable requirements.
The updated version will be published on this page with a revised "Last Updated" date.
23. Governing Law
These Terms & Conditions shall be governed by and interpreted in accordance with the laws of India, unless a separate written agreement with the client specifies otherwise.
Any disputes will be subject to the jurisdiction and dispute-resolution provisions specified in the applicable agreement between the parties.
24. Entire Agreement
These Terms, together with any applicable proposal, quotation, statement of work, service agreement, or other written agreement, constitute the understanding between TechBrainsIndia and the client regarding the relevant services.
Where there is a conflict between these Terms and a specific written agreement signed or accepted by both parties, the specific agreement will generally take precedence for that project or service.