These Terms and Conditions ("Terms") govern your access to and use of the website operated by GAYOTEK ("we", "our", "us") at https://gayotek.com (the "Site") and any services provided by us ("Services"). By accessing the Site or engaging our Services, you ("Client", "you", "your") agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using the Site or engaging our Services, you confirm that you have read, understood and agree to these Terms in full. If you do not agree to any part of these Terms, you must not access the Site or use our Services.
2. Services Provided
GAYOTEK provides web development, ecommerce solutions, custom portals, payment gateway integrations, WordPress development, automation services, SEO and related IT consulting. The specific scope, deliverables, timelines and fees for any engagement are defined in a separate written proposal or scope-of-work document ("SOW") signed by both parties.
In the event of any inconsistency between these Terms and a signed SOW, the SOW shall prevail for that engagement.
3. Quotations & Engagement
- All quotations are valid for thirty (30) days from issuance unless stated otherwise.
- Engagement begins upon written acceptance of a proposal and receipt of the agreed initial payment.
- Any changes to scope after acceptance require a written change order, which may impact timelines and fees.
4. Payment Terms
- Fees are denominated in Indian Rupees (INR) unless otherwise agreed.
- Typical milestone payment schedule: 30% on signoff, 40% mid-build, 30% at launch. Specific schedules are defined in each SOW.
- Retainer engagements are invoiced monthly in advance.
- All payments are due within seven (7) days of invoice date unless otherwise specified.
- Overdue invoices may attract interest at 1.5% per month or the maximum rate permitted by law.
- Applicable taxes (GST) are charged in addition to fees.
5. Intellectual Property Rights
5.1 Client Materials
You retain ownership of all materials, content, branding, trademarks and pre-existing intellectual property you provide to us. You grant us a non-exclusive licence to use these materials solely for the purpose of delivering the Services.
5.2 Deliverables
Upon full payment of all agreed fees, ownership of custom code, designs and other deliverables created specifically for you under an SOW transfers to you, subject to the following exceptions:
- Third-party libraries, frameworks, plugins and open-source components remain under their respective licences.
- Generic tools, utilities and methodologies developed by us remain our property.
- We retain the right to use anonymised case studies, portfolio screenshots and project descriptions for marketing purposes unless explicitly prohibited in writing.
6. Client Responsibilities
To ensure successful delivery, you agree to:
- Provide timely access to required materials, accounts, content and approvals.
- Designate a primary point of contact authorised to make decisions.
- Respond to requests for feedback or approval within reasonable timeframes (typically 2–3 business days).
- Ensure that all content and materials provided do not infringe any third-party rights.
- Make payments according to the agreed schedule.
Delays caused by lack of timely Client input may extend project timelines without penalty to us.
7. Warranties & Disclaimers
We warrant that Services will be performed in a professional and workmanlike manner consistent with industry standards. We provide a thirty (30) day warranty period after launch during which defects in delivered code will be corrected at no additional charge, provided the defect is not caused by Client modifications or third-party changes.
Beyond this, the Site and Services are provided "as is" without warranty of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose or non-infringement.
8. Limitation of Liability
To the maximum extent permitted by law:
- Our total aggregate liability for any claim arising from these Terms or any engagement shall not exceed the fees paid by you for the specific engagement giving rise to the claim during the preceding three (3) months.
- We shall not be liable for any indirect, incidental, consequential, special or punitive damages, including loss of profits, revenue, data or business opportunities.
- We are not liable for outages, downtime or failures caused by third-party services (hosting, payment gateways, APIs, ISPs).
9. Indemnification
You agree to indemnify, defend and hold harmless GAYOTEK, its principals, employees and contractors from any claims, damages, liabilities, losses or expenses (including reasonable legal fees) arising from (i) your breach of these Terms; (ii) content or materials provided by you; (iii) your misuse of deliverables; or (iv) violation of any third-party rights through your use of our Services.
10. Confidentiality
Both parties agree to maintain the confidentiality of all non-public information shared during an engagement, including business plans, source code, customer data, pricing and strategic information. This obligation survives the termination of the engagement.
11. Termination
- Either party may terminate an engagement with fourteen (14) days' written notice.
- Upon termination, you remain liable for all fees earned up to the termination date and any non-refundable expenses incurred.
- Deliverables completed up to the termination date will be handed over upon receipt of all dues.
- We reserve the right to suspend or terminate Services immediately if you breach these Terms, fail to make payments or engage in unlawful activity.
12. Refund Policy
Custom development services are non-refundable once work has commenced. Refunds may be considered on a case-by-case basis only if no work has been performed against the engagement. Retainer fees are non-refundable for the current billing period.
13. Use of the Site
You agree not to:
- Use the Site for any unlawful purpose or in violation of applicable laws.
- Attempt to gain unauthorised access to any part of the Site, server or related systems.
- Use automated tools to scrape, harvest or extract content without permission.
- Transmit malicious code, viruses or any harmful material through the Site.
- Impersonate any person or entity or misrepresent your affiliation.
- Interfere with or disrupt the Site's operation or other users' access.
14. Third-Party Services
Engagements may involve third-party services such as hosting providers, payment gateways, SMS/WhatsApp APIs, email delivery and analytics platforms. We are not responsible for the performance, availability, fees or terms of any third-party service. You are responsible for accepting and complying with their respective terms.
15. Force Majeure
Neither party shall be liable for delays or failures in performance caused by circumstances beyond reasonable control, including natural disasters, government actions, pandemics, war, civil unrest, power failures or internet disruptions. Affected obligations shall be suspended for the duration of the event.
16. Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws of India. Any disputes arising from or relating to these Terms or any engagement shall be subject to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, India.
17. Dispute Resolution
Before initiating any legal action, both parties agree to attempt good-faith resolution through direct discussion. If unresolved within thirty (30) days, the dispute may be referred to mediation or arbitration as mutually agreed, conducted in Mumbai under the Arbitration and Conciliation Act, 1996.
18. Changes to These Terms
We reserve the right to modify these Terms at any time. Updated Terms will be posted on the Site with a revised "Last Updated" date. Continued use of the Site or engagement of Services after changes constitutes acceptance.
19. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
20. Entire Agreement
These Terms, together with any signed SOW and our Privacy Policy, constitute the entire agreement between you and us regarding the Site and Services and supersede all prior agreements, understandings or communications.
21. Contact
For questions regarding these Terms, contact us at:
- Email: info@gayotek.com
- Phone / WhatsApp: +91 72497 60408
- Address: GAYOTEK, Mumbai, Maharashtra, India
By using our Site or engaging our Services, you acknowledge that you have read, understood and agree to be bound by these Terms.