1. Acceptance of Terms
By accessing incodeinfotech.com, submitting an inquiry, or engaging InCodeInfotech ("we", "us", "Company") for services, you agree to be bound by these Terms & Conditions. If you do not agree, please do not use our website or services.
2. Services
InCodeInfotech provides custom software development services including but not limited to:
- Web application development
- Mobile application development (iOS, Android, cross-platform)
- Custom CRM, ERP, and SaaS platforms
- API development and third-party integrations
- UI/UX design
- Cloud infrastructure and DevOps
- AI automation and intelligent tooling
- Post-launch maintenance and support
The specific scope of any engagement will be defined in a separate written proposal or Statement of Work ("SOW").
3. Engagement Process
3.1 Proposal
After a discovery call, we issue a written proposal covering scope, deliverables, timelines, and fees. The proposal is valid for 30 days unless otherwise stated.
3.2 Statement of Work
An engagement begins only upon written acceptance of the proposal (or a signed SOW) and receipt of any required upfront payment.
3.3 Change Requests
Work outside the agreed scope ("Change Requests") will be quoted separately and added to the engagement via written addendum. We will not commence change work without your written approval.
4. Payment Terms
- Standard projects require 40% upfront, 30% mid-project, 30% on delivery unless otherwise agreed.
- Retainer engagements are billed monthly in advance.
- All fees are exclusive of applicable taxes (GST, TDS, etc.), which are charged additionally.
- Invoices are due within 7 days of issue unless otherwise specified.
- Overdue invoices may incur interest at 1.5% per month and we reserve the right to pause delivery on accounts more than 15 days overdue.
- Payments can be made via bank transfer (NEFT/RTGS/IMPS), UPI, or international wire (for overseas clients).
5. Intellectual Property
5.1 Client Ownership
Upon full payment of all due fees, you own 100% of the custom code, designs, and deliverables we create specifically for your project. Source code is delivered to a repository of your choice.
5.2 Pre-existing & Reusable Components
We retain ownership of pre-existing components, libraries, frameworks, and internal tooling that we may incorporate into your project. You receive a perpetual, royalty-free license to use these components as part of your delivered product.
5.3 Open-source
Your project may include open-source components used under their respective licenses. Compliance with those licenses is your responsibility post-handover.
6. Confidentiality
Both parties agree to keep all non-public information shared during the engagement confidential. Confidentiality survives the termination of the engagement for 3 years. We will sign a mutual NDA on request before any sensitive technical or commercial details are discussed.
7. Warranties & Support
- We warrant that deliverables will substantially conform to the agreed specification.
- A 30-day bug-fix warranty covers defects in delivered code, free of charge, provided no third-party changes have been made post-handover.
- Ongoing maintenance and feature additions are available under separate retainer agreements.
- Excluded: issues caused by third-party services (cloud providers, APIs), changes made by other parties, or use beyond the agreed scope.
8. Limitation of Liability
To the maximum extent permitted by law, InCodeInfotech's total liability for any claim arising from an engagement is limited to the total fees paid by the client for that engagement in the preceding 6 months.
We are not liable for indirect, incidental, consequential, or punitive damages including lost profits, lost data, or business interruption.
9. Termination
- Either party may terminate an engagement with 30 days' written notice.
- On termination, the client pays for all work completed up to the termination date, including work-in-progress at the agreed rate.
- We may suspend or terminate immediately for non-payment, breach of confidentiality, or unlawful instructions.
- Upon termination, we will hand over completed work and provide reasonable assistance for transition.
10. Disputes & Governing Law
These Terms are governed by the laws of India. Any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts at Pune, Maharashtra.
Before initiating any legal action, both parties agree to attempt good-faith resolution via direct discussion for at least 30 days.
11. Changes to These Terms
We may update these Terms from time to time. The latest version will always be posted on this page with an updated "Last updated" date. Continued use of our website or services after changes are posted constitutes acceptance of the new Terms.
12. Contact
For questions about these Terms:
- Email: contact@incodeinfotech.com
- Phone: +91 96073 70608
- Address: Balewadi, Pune 411045, Maharashtra, India