Terms of Service

Please read these terms carefully before using our services

Last Updated: January 21, 2025

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and EifaSoft Technologies Private Limited ("EifaSoft," "we," "us," or "our") concerning your access to and use of our website, services, and products.

By accessing our website at www.eifasoft.com or engaging our services, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access our services.

1. Services

1.1 Service Offerings

EifaSoft provides the following services:

  • Custom software development and programming
  • Mobile application development (iOS, Android, cross-platform)
  • Website design and development
  • MLM (Multi-Level Marketing) software solutions
  • E-commerce platform development
  • Blockchain and cryptocurrency solutions
  • AI and machine learning services
  • Digital marketing services
  • Software maintenance and support

1.2 Service Scope

The specific scope, deliverables, timelines, and fees for each project will be detailed in a separate Statement of Work (SOW) or Service Agreement signed by both parties.

2. Client Responsibilities

As a client, you agree to:

  • Provide accurate and complete information regarding project requirements
  • Provide timely feedback and approvals at project milestones
  • Make timely payments as per the agreed payment schedule
  • Provide necessary access to systems, data, and resources as required
  • Ensure you have legal rights to all materials provided to us
  • Comply with all applicable laws and regulations
  • Not use our services for any unlawful or prohibited purposes

3. Payment Terms

3.1 Fees and Pricing

Service fees will be specified in the project proposal or Service Agreement. All prices are in Indian Rupees (INR) unless otherwise stated.

3.2 Payment Schedule

Standard payment schedule (unless otherwise agreed):

  • Initial Payment: 30-50% upon project commencement
  • Milestone Payments: As specified in the SOW
  • Final Payment: Balance amount upon project completion

3.3 Late Payments

Invoices are due within 7 days of issuance unless otherwise specified. Late payments may incur a late fee of 2% per month. We reserve the right to suspend services for accounts with overdue payments.

3.4 Taxes

All fees are exclusive of applicable taxes (GST, service tax, etc.). Clients are responsible for paying all applicable taxes.

4. Intellectual Property Rights

4.1 Ownership of Deliverables

Upon receipt of full payment, all intellectual property rights in custom-developed deliverables (code, designs, documentation) will be transferred to the Client, except for:

  • Pre-existing proprietary frameworks and tools owned by EifaSoft
  • Third-party libraries and open-source components
  • Generic methodologies and development processes

4.2 Retention of Rights

EifaSoft retains the right to use generic concepts, methodologies, and non-proprietary techniques developed during the project for other clients and projects.

4.3 Portfolio Rights

Unless expressly prohibited in writing, EifaSoft may showcase completed projects in its portfolio, marketing materials, and case studies.

5. Confidentiality

Both parties agree to maintain confidentiality of all proprietary and sensitive information exchanged during the engagement. This includes:

  • Business plans and strategies
  • Technical specifications and source code
  • Financial information
  • User data and customer information
  • Trade secrets and proprietary processes

Confidential information must not be disclosed to third parties without prior written consent, except as required by law.

6. Warranties and Disclaimers

6.1 Service Warranties

We warrant that:

  • Services will be performed in a professional and workmanlike manner
  • Deliverables will substantially conform to agreed specifications
  • We have the right and authority to provide the services

6.2 Warranty Period

Software deliverables include a 90-day warranty period for bug fixes. This warranty covers defects in workmanship, not changes in requirements or enhancements.

6.3 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • EifaSoft's total liability shall not exceed the total fees paid for the specific project
  • We are not liable for indirect, incidental, special, or consequential damages
  • We are not responsible for losses due to business interruption, lost profits, or data loss
  • Claims must be brought within one year of the cause of action arising

8. Indemnification

Client agrees to indemnify and hold harmless EifaSoft from any claims, damages, or expenses (including legal fees) arising from:

  • Client's use of deliverables in violation of applicable laws
  • Client-provided content, materials, or specifications
  • Breach of these Terms by the Client
  • Infringement of third-party rights by Client-provided materials

9. Changes and Modifications

9.1 Scope Changes

Any changes to project scope, timeline, or deliverables must be documented in a written Change Request and approved by both parties. Additional fees may apply for scope changes.

9.2 Terms Updates

We reserve the right to modify these Terms at any time. Continued use of services after changes constitutes acceptance of the new terms.

10. Termination

10.1 Termination for Convenience

Either party may terminate the engagement with 30 days' written notice. Client will be responsible for payment for all work completed up to the termination date.

10.2 Termination for Cause

Either party may terminate immediately if the other party:

  • Materially breaches these Terms and fails to cure within 15 days of notice
  • Becomes insolvent or files for bankruptcy
  • Engages in fraudulent or illegal activities

10.3 Effect of Termination

Upon termination, Client must pay all outstanding invoices. EifaSoft will deliver all completed work. Provisions regarding confidentiality, intellectual property, and liability survive termination.

11. Support and Maintenance

Post-launch support and maintenance services are available under separate agreements. Standard support includes:

  • Bug fixes and technical support
  • Security updates and patches
  • Performance monitoring and optimization
  • Feature enhancements (as agreed)

12. Dispute Resolution

12.1 Negotiation

In the event of any dispute, the parties will first attempt to resolve the matter through good-faith negotiation.

12.2 Arbitration

If negotiation fails, disputes will be resolved through binding arbitration in Moradabad, Uttar Pradesh, India, in accordance with the Arbitration and Conciliation Act, 1996.

12.3 Governing Law

These Terms are governed by the laws of India. Courts in Moradabad, Uttar Pradesh shall have exclusive jurisdiction.

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with any SOW or Service Agreement, constitute the entire agreement between the parties.

13.2 Severability

If any provision is found to be unenforceable, the remaining provisions will continue in full force.

13.3 Force Majeure

Neither party is liable for failure to perform due to circumstances beyond reasonable control (natural disasters, war, strikes, government actions, pandemics, etc.).

13.4 Assignment

Client may not assign these Terms without our prior written consent. We may assign to affiliates or in connection with a merger or sale.

14. Contact Information

For questions about these Terms of Service, please contact us:

EifaSoft Technologies Private Limited

Email: legal@eifasoft.com

Phone: +91 9675 012345

Address: HIG A-20, Ekta Vihar Colony, Rampur Road

Moradabad, Uttar Pradesh 244001, India