Terms of service

1. What we agree to do

Each engagement is defined by a written proposal or statement of work setting out scope, price, timeline and deliverables. Anything not written in that document is not included. We will not treat a verbal remark as a change to scope, and neither should you.

2. Changes to scope

Projects change. When you request something outside the agreed scope we will quote it separately before doing the work. We will not absorb changes silently and present a larger invoice at the end.

3. What we need from you

Timely feedback, content, and access to accounts and systems. Where a project stalls waiting on these for more than 30 days we may pause it and reschedule; where a stall pushes work into a later period, the agreed date moves accordingly.

4. Payment

• Projects are typically 40% on commencement, 40% at an agreed midpoint and 20% on handover, unless the statement of work says otherwise.
• Retainers are invoiced monthly in advance.
• Invoices are payable within 14 days of issue.
• Overdue amounts may accrue interest at 1.5% per month, and we may pause work on overdue accounts after written notice.
• Indian clients are invoiced in INR plus applicable GST. International clients are invoiced in their own currency as a zero-rated export of services. Bank charges and currency conversion costs are yours.

5. Intellectual property

On receipt of final payment, all intellectual property in the deliverables created specifically for you is assigned to you. This is an express assignment: we do not rely on “work for hire”, which does not operate the same way outside the United States.

We retain ownership of pre-existing tools, libraries, components and know-how used to build the deliverables, and grant you a perpetual, non-exclusive, worldwide licence to use them as part of the deliverables. Third-party open-source components remain under their own licences.

6. Portfolio rights

We would like to describe the work publicly. We will ask you first, and we will not publish your name, logo or any screenshot without your written consent. You may withdraw that consent later and we will remove the material.

7. Confidentiality

Each party will keep the other’s confidential information confidential and use it only to perform the engagement. This survives the end of the engagement by three years. It does not apply to information that is public through no fault of the receiving party, or that must be disclosed by law.

8. Warranties and what we do not promise

We will perform the work with reasonable skill and care, and we will fix defects in the deliverables reported within 30 days of handover at no charge.

We do not warrant specific commercial outcomes. In particular we make no guarantee of search rankings, traffic volumes, conversion rates, revenue, or placement within AI-generated answers. These depend on third-party systems nobody controls. Anyone who does guarantee them is not being straight with you.

9. Limitation of liability

Neither party excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

Subject to that, our total aggregate liability arising out of an engagement is limited to the total fees you paid us under that engagement in the 12 months before the claim. Neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, or loss of anticipated savings.

10. Third-party services

Deliverables may depend on third-party platforms — hosting providers, payment gateways, Meta’s WhatsApp Business Platform, AI model providers, search engines. Their pricing, terms, availability and policies are outside our control and may change. We will tell you when a change affects you, but we are not liable for their acts or outages.

11. Termination

Either party may terminate an engagement on 30 days’ written notice, or immediately for material breach that is not remedied within 14 days of notice. On termination you pay for work completed up to that date, and we hand over completed deliverables paid for.

12. Governing law

These terms are governed by the laws of India. The courts of Madhya Pradesh have exclusive jurisdiction, save that we may agree a different governing law or an arbitration seat in a signed statement of work where a client’s circumstances require it.

13. Data protection

Our handling of personal data is set out in our privacy policy. Where we process personal data on your behalf, our data processing agreement applies.

Contacting us about this

Questions about this document, or any request relating to your data, should go to thetechgenius.in@gmail.com. We aim to respond within five working days, and within any shorter period the law requires.