Terms & Conditions

01 · About these terms

These terms apply to your use of this website and to the software development, automation, data, consulting, security and related services ("Services") provided by Apna Project ("Apna Project", "we", "us"), a company based in Pune, India. "You" or "Client" means the person or business using the website or engaging us.

Each engagement is described in a proposal, statement of work (SOW), order or signed agreement. If anything in that document conflicts with these terms, the signed document takes priority for that engagement. By using this website or accepting a proposal, you agree to these terms.

02 · Using this website

The content on this website is for general information about our work and services. It is not professional advice and may change without notice. You agree not to:

• Use the website for any unlawful purpose or in a way that could damage, disable or overload it.
• Attempt to gain unauthorised access to the website, its servers or any connected systems.
• Scrape, copy or reuse our content, designs, case studies or images without permission.
• Submit false information or impersonate another person or business through our forms.

03 · Proposals, scope and changes

Estimates and proposals are valid for 30 days unless they say otherwise. The work we will deliver, together with timelines, milestones and fees, is set out in the agreed proposal or SOW. Anything not listed there is out of scope.

Either party can request a change to scope. We will confirm any effect on cost and timeline in writing, and the change takes effect once both parties approve it. Timelines are good-faith estimates and depend on timely inputs and approvals from you.

04 · Your responsibilities

To help us deliver on time, you agree to:

• Provide accurate requirements, content, data, feedback and approvals within agreed timeframes.
• Give us the access, accounts and credentials we reasonably need, and nominate a contact person who can make decisions.
• Make sure you have the rights to any content, data, trademarks or materials you give us, and that using them does not break any law or third-party rights.
• Keep your own backups of your data and systems, and pay for third-party services, licences and subscriptions used in your project unless we agree otherwise.

Delays in inputs or approvals may move timelines and may lead to additional fees for idle or rescheduled work.

05 · Fees, invoicing and payment

Unless your SOW says otherwise:

• Fees are as set out in the proposal or SOW and may be fixed-price, milestone-based, monthly (for dedicated teams or retainers) or time-and-materials.
• Unless agreed otherwise, an advance payment is due before work starts and the balance is invoiced by milestone or monthly.
• Invoices are payable within 15 days of the invoice date.
• Fees are exclusive of GST and other applicable taxes, which are added as required by law. International clients pay any bank, transfer or currency conversion charges on their side.
• Third-party costs (such as hosting, domains, app store fees, APIs and software licences) are billed at cost or paid directly by you.
• If an invoice remains unpaid after its due date, we may pause work and withhold deliverables until it is settled, and timelines will move accordingly.

06 · Intellectual property

Once we receive full payment for an engagement, you own the custom code, designs and other deliverables we create specifically for you under that engagement.

We keep ownership of our pre-existing tools, frameworks, libraries, templates, methods and know-how, and of general-purpose components we develop that are not specific to your business. Where these are included in your deliverables, we grant you a non-exclusive, perpetual, royalty-free licence to use them as part of those deliverables.

Open-source software and third-party components remain subject to their own licences. Until full payment is received, deliverables are licensed to you only for review and testing.

Unless you ask us in writing not to, we may name you as a client and show non-confidential parts of the work in our portfolio and marketing.

07 · Confidentiality

Each party will keep the other's confidential information private and use it only to perform or receive the Services. This includes business plans, source code, data, credentials, pricing and anything marked or reasonably understood as confidential.

This does not apply to information that is public through no fault of the receiving party, was already known to it, is independently developed, or must be disclosed by law. These obligations continue for 3 years after the engagement ends, and indefinitely for source code, credentials and personal data. We are happy to sign a separate non-disclosure agreement (NDA).

08 · Data protection

Where we process personal data on your behalf while delivering the Services, we act as your data processor and follow your documented instructions, our Privacy Policy and applicable data protection law, including India's Digital Personal Data Protection Act, 2023. You are responsible for having a lawful basis to share that data with us. A separate data processing agreement can be signed on request.

09 · Third-party services

Projects often rely on third-party platforms such as cloud hosting, app stores, payment gateways, messaging providers (including WhatsApp), AI and data platforms. Your use of those services is subject to their own terms and pricing. We are not responsible for their outages, policy changes, price changes, account suspensions or rejections, though we will help you work through them.

10 · Acceptance and warranty

After each delivery, you have 7 working days to test it against the agreed scope and report any material defects in writing. If no material defects are reported in that period, or the deliverable is used in live operation, it is treated as accepted.

For 30 days after acceptance, we will fix, at no extra cost, defects that cause the deliverable to not work as specified in the agreed scope. This warranty does not cover issues caused by changes made by anyone other than us, misuse, your data or infrastructure, third-party services, or new requirements.

Except as stated in these terms or your SOW, the Services and deliverables are provided "as is" and, to the extent permitted by law, we make no other warranties, express or implied.

11 · Support and maintenance

Support, hosting management, monitoring and further changes after the warranty period are provided under a separate maintenance or support agreement, or charged at our then-current rates.

12 · Security reviews and fake-site takedowns

For cybersecurity reviews, brand protection and fake-website takedown work, we investigate, report and follow up with registrars, hosting providers, platforms and authorities. Their decisions are outside our control, so we cannot guarantee that every reported site or issue will be removed or resolved, or that new ones will not appear. Security reviews reduce risk but cannot guarantee that a system will never be breached.

13 · Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental, special or consequential losses, including loss of profit, revenue, data, goodwill or business opportunity.

Our total liability for any claim arising from an engagement is limited to the fees you paid us for that engagement in the 12 months before the event giving rise to the claim. Nothing in these terms limits liability that cannot be limited by law, such as liability for fraud.

14 · Indemnity

You agree to indemnify us against claims arising from the content, data or materials you provide, or from your use of the deliverables in breach of law or of these terms. We will indemnify you against claims that our original work (excluding your materials, third-party components and your modifications) infringes a third party's intellectual property rights.

15 · Termination

Either party may end an engagement with 15 days' written notice, or immediately if the other party materially breaches these terms and does not fix the breach within 15 days of being notified.

On termination, you pay for work completed up to the termination date and any non-cancellable costs we have committed to. Once these are paid, we will hand over the work completed so far. Sections on intellectual property, confidentiality, liability, indemnity, non-solicitation and governing law continue after termination.

16 · Non-solicitation

During an engagement and for 12 months after it ends, neither party will directly hire or solicit the other's employees or contractors who worked on that engagement without written consent.

17 · Events beyond our control

Neither party is responsible for delays or failures caused by events beyond its reasonable control, such as natural disasters, pandemics, government action, war, internet or power outages, or failures of third-party providers. Obligations are paused while such an event continues.

18 · Governing law and disputes

These terms and any engagement with us are governed by the laws of India. We will first try to resolve any dispute through good-faith discussion.

If a dispute is not resolved within 30 days, it will be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat of arbitration will be Pune, Maharashtra, and proceedings will be in English. Subject to this, the courts at Pune, Maharashtra have exclusive jurisdiction.

19 · Changes and contact

We may update these terms from time to time; the latest version will always be on this page with its "Last updated" date. Changes do not affect engagements already signed unless both parties agree. For any questions about these terms, contact us at animesh@apnaproject.in.