Terms & Conditions

1. Parties to the Agreement

These Terms constitute a legally binding agreement between Kharigo Technologies ("Kharigo", "we", "us", "our"), a software engineering company operating from Nashik, Maharashtra, India, and you ("Client", "User", "you") — any individual or business entity accessing our website or engaging our services.

2. Legal Framework

These Terms are governed by and construed in accordance with:

• Indian Contract Act, 1872 — the foundational statute for all service agreements
• Information Technology Act, 2000 and its 2008 amendments — governing electronic contracts and digital transactions
• Copyright Act, 1957 — protecting intellectual property in software deliverables
• Consumer Protection Act, 2019 — where applicable to individual consumers
• Specific Relief Act, 1963 — remedies for breach of service contracts

All disputes are subject to the exclusive jurisdiction of courts in Nashik, Maharashtra, India.

3. Services Offered

Kharigo provides the following categories of software engineering services:

• Custom backend development (Python / FastAPI, PHP / CodeIgniter)
• REST and GraphQL API design, development, and documentation
• AI/LLM workflow integration and automation
• AWS cloud architecture, provisioning, and DevOps pipelines
• Flutter mobile and web application development
• E-commerce systems and payment gateway integration
• Ongoing software maintenance, support, and managed hosting

Services are provided on a project basis as agreed in a separate Statement of Work (SOW) or Proposal, which forms part of the contract alongside these Terms.

4. Engagement & Project Terms

4.1 Scope of Work

The scope, timeline, deliverables, and pricing are defined in the project proposal or SOW agreed upon in writing before work commences. Any changes to scope must be agreed in writing and may alter pricing and timelines.

4.2 Client Obligations

The client agrees to:

• Provide timely access to required resources, credentials, and information.
• Participate in scheduled reviews, demos, and feedback sessions.
• Make payments as per the agreed schedule (delays exceeding 14 days may result in work suspension).
• Ensure that content, data, and third-party materials provided to Kharigo do not infringe any intellectual property rights.

4.3 Delivery & Acceptance

Deliverables are considered accepted if the client does not raise specific written objections within 7 business days of delivery. Post-acceptance bugs discovered within a reasonable warranty period (typically 30 days) will be fixed at no extra charge, unless they result from client-side changes.

5. Payment Terms

• Payments are due as per the milestones or schedule in the project SOW.
• All prices are in Indian Rupees (INR) unless explicitly stated otherwise for international clients.
• Applicable GST (Goods and Services Tax) will be added to all invoices as required under the CGST Act, 2017.
• Invoices unpaid beyond 30 days may attract interest at 18% per annum and may result in suspension of services.
• International payments are subject to FEMA (Foreign Exchange Management Act, 1999) regulations.

6. Intellectual Property

Under the Copyright Act, 1957:

• Website content: All original content, designs, and brand elements on kharigo.com are owned by Kharigo Technologies. Any reproduction without written consent is prohibited.
• Client deliverables: Upon receipt of full payment, all custom code developed specifically for the client is assigned to the client. Kharigo retains the right to use generic frameworks, libraries, and internal tooling in other projects.
• Open-source components: Where open-source libraries are used in deliverables, the applicable open-source licenses apply and will be disclosed to the client.
• Portfolio rights: Kharigo reserves the right to reference completed projects in its portfolio unless the client requests confidentiality in writing.

7. Confidentiality

Both parties agree to keep confidential any proprietary information shared during the engagement. This obligation survives termination of the agreement. Kharigo will not disclose client business data, source code, or system credentials to any third party without explicit consent, except as required by law.

8. Prohibited Conduct

By using our website or services, you agree not to:

• Use our systems or services for any illegal purpose under Indian law
• Attempt to gain unauthorized access to our servers, databases, or client systems
• Distribute malware, engage in phishing, or conduct denial-of-service attacks
• Reverse-engineer, copy, or misappropriate Kharigo's proprietary methodologies or source code
• Engage in fraudulent misrepresentation about project scope, budget, or identity

Violations may result in immediate termination and may be reported to the appropriate authorities under the IT Act, 2000.

9. Disclaimer of Warranties

Our website is provided "as is" without any warranty of merchantability or fitness for a particular purpose. While we strive for accuracy, we do not guarantee that the website content is error-free or up to date. Software deliverables are warranted against material defects for the period stated in the project agreement.

10. Limitation of Liability

To the maximum extent permitted by Indian law, Kharigo's total liability for any claim arising from a service engagement shall not exceed the amount paid by the client for the specific project giving rise to the claim in the preceding 3 months. Kharigo shall not be liable for indirect, incidental, special, or consequential damages including loss of business, data, or profits.

11. Force Majeure

Neither party shall be liable for delays or failures caused by circumstances beyond their reasonable control, including natural disasters, government actions, internet outages, pandemics, or power failures — consistent with Section 56 of the Indian Contract Act, 1872.

12. Termination

Either party may terminate a project engagement with 14 days' written notice. In case of termination:

• The client shall pay for all work completed up to the termination date.
• Kharigo shall deliver all completed work products to the client.
• Confidentiality obligations survive termination indefinitely.

13. Dispute Resolution

In the event of a dispute:

1. Negotiation: Both parties will attempt to resolve disputes through good-faith negotiation within 30 days.
2. Arbitration: If unresolved, disputes shall be referred to a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Nashik, Maharashtra.
3. Jurisdiction: Courts in Nashik, Maharashtra shall have exclusive jurisdiction for any matters not resolved through arbitration.

14. Amendments

We reserve the right to modify these Terms at any time. Significant changes will be communicated to active clients via email. Continued use of our services after updates constitutes acceptance of the revised Terms.

15. Contact Us

For questions about these Terms, contact:

Kharigo Technologies
Nashik, Maharashtra, India — 422003
Email: [email protected]