Governing Law: These Terms are governed by and construed in accordance with the laws of India, including the Information Technology Act, 2000, the Indian Contract Act, 1872, the Consumer Protection Act, 2019, and applicable rules thereunder.
1. Parties
These Terms constitute a binding contract between CosmoOps Technologies Private Limited (“CosmoOps”, “we”, “us”) and you (“Client”, “you”). By accessing our website, requesting a quote, or entering into a service agreement, you agree to these Terms.
2. Services
CosmoOps provides technology services including software development, data engineering, QA testing, ERPNext implementation, solution architecture, and related consulting. Specific deliverables, timelines, and fees are defined in individual Statements of Work (SoW) or service agreements.
3. Payment Terms
- All fees are quoted in Indian Rupees (INR) or as agreed in the SoW. GST will be charged additionally at applicable rates.
- Invoices are payable within 15 days of issue unless otherwise agreed.
- Late payments attract interest at 18% per annum as per the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), where applicable.
- Work may be suspended if invoices are overdue by more than 30 days.
4. Intellectual Property
- All pre-existing IP, proprietary frameworks, and tools used by CosmoOps remain the exclusive property of CosmoOps.
- Work product created specifically for the Client under a paid engagement vests in the Client upon full payment of all amounts due.
- Open-source components used in deliverables are subject to their respective open-source licences.
5. Confidentiality
Each party agrees to keep the other's confidential information strictly confidential and not to use or disclose it except as necessary to perform obligations under the service agreement. This obligation survives termination for 3 years.
6. Warranties and Limitation of Liability
- CosmoOps warrants that services will be performed with reasonable skill and care by qualified professionals.
- Services are provided “as is” where explicitly stated; no other warranties are made unless in writing.
- Our maximum aggregate liability to you for any claim shall not exceed the total fees paid by you in the 3 months preceding the event giving rise to the claim.
- Neither party is liable for indirect, incidental, consequential, or punitive damages, loss of profits, or loss of data, even if advised of the possibility.
7. Termination
- Either party may terminate for convenience with 30 days' written notice.
- Either party may terminate immediately on material breach that is not remedied within 14 days of notice.
- On termination, all amounts due become immediately payable. We will deliver completed work up to the termination date.
8. Dispute Resolution
The parties shall first attempt to resolve any dispute through good-faith negotiation. If unresolved within 30 days, the dispute shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996 (as amended). The seat of arbitration shall be Chennai, Tamil Nadu, India. The language of arbitration shall be English.
Notwithstanding the above, either party may seek urgent interim relief from courts of competent jurisdiction in Chennai.
9. Consumer Rights (Consumer Protection Act, 2019)
If you are a consumer under the Consumer Protection Act, 2019, you have additional rights including the right to seek redressal before the appropriate Consumer Disputes Redressal Commission. Nothing in these Terms limits those statutory rights.
10. Refunds and Cancellations
For details on refunds and cancellations, please refer to our Refund & Cancellation Policy.
11. Modifications
We reserve the right to modify these Terms at any time. Material changes will be communicated with at least 15 days' notice. Continued use of our services constitutes acceptance of the revised Terms.