Terms & Conditions

Introduction

Welcome to sumitbaidya.com. This website is operated by Sumit Baidya.

By accessing or using this website, contacting me through the website, requesting a quotation, engaging my services, or entering into a project agreement with me, you acknowledge that you have read, understood and agreed to these Terms & Conditions.

If you do not agree with these Terms & Conditions, you should not use this website or engage the services described through it.

Nature of Services

Sumit Baidya provides professional technical and digital services, which may include, depending on the specific project and agreed scope:

• Website design and development
• Custom website development
• Software development
• Web application development
• Business software and ERP development
• Database-driven application development
• Custom PHP and JavaScript development
• Frontend and backend development
• Blockchain and Web3 development
• Technical SEO
• Digital marketing-related technical services
• Website maintenance and technical support
• Other custom development services agreed with a client

The exact services, features, deliverables, technology stack, timeline, pricing and support obligations applicable to a particular client are determined by the relevant proposal, quotation, project document, invoice, agreement or written communication accepted by both parties.

Website Use

You agree to use this website only for lawful purposes.

You must not:

• Use the website for fraudulent, unlawful or deceptive activities.
• Attempt to gain unauthorized access to the website, server, database, hosting environment or any related system.
• Introduce malicious code, viruses, malware, ransomware, spyware or other harmful material.
• Attempt to interfere with the normal operation or security of the website.
• Copy, reproduce, redistribute or commercially exploit protected website content without permission.

Client Requirements & Project Scope

Development work is performed according to the requirements, specifications and scope communicated or approved by the client.

Before development begins, the client may provide requirements relating to functionality, design, content, integrations, business processes, technology or other project specifications.

The client is responsible for providing accurate and complete information required for the project.

Any functionality or requirement that is not included in the agreed scope may be treated as additional work and may require additional charges and/or additional development time.

Custom Development & Deliverables

Software and websites are developed according to the agreed project requirements.

Deliverables may include source code, compiled software, website files, database structures, configuration files, documentation, design assets or other materials depending on the project agreement.

The exact deliverables provided to the client will depend on what has been expressly agreed for that particular project.

Client Responsibility for Content & Information

The client is responsible for all information, text, photographs, graphics, logos, documents, product information, customer information, business information and other materials supplied to the developer.

The client represents that they have the necessary rights, permissions, licenses or authorization to provide such materials for use in the project.

The developer is not responsible for determining whether client-supplied content infringes the intellectual property, privacy, contractual or other rights of third parties.

Client's Use of the Delivered Website or Software

Once the website, software or technical solution has been delivered to the client, the client is responsible for how that system is subsequently operated, managed or used, subject to any separate written maintenance or support agreement.

The client is solely responsible for ensuring that its use of the delivered system complies with all laws, regulations, licenses, industry requirements, contractual obligations and applicable third-party terms.

This includes, where applicable:

• The products or services sold through the website.
• The claims made about products or services.
• Pricing and commercial policies.
• Customer communications.
• Business transactions conducted through the system.
• Data uploaded or entered by the client.
• Marketing campaigns conducted by the client.
• Regulatory compliance applicable to the client's business.
• Third-party platforms and accounts connected by the client.

Developer Is Not Responsible for Client's Business Operations

Unless expressly agreed otherwise in writing, Sumit Baidya is a technology service provider and is not the operator, owner, seller, merchant, broker, financial adviser, legal adviser, accountant, manufacturer or business controller of the client's business.

Accordingly, the developer is not responsible for the client's business decisions, business practices, commercial activities, products, services, customer relationships, sales transactions or operational decisions merely because software or a website developed by the developer is used in connection with those activities.

Nothing in this section excludes responsibilities that cannot legally be excluded under applicable law.

Third-Party Services & Integrations

Websites and software may use or integrate with third-party services such as:

• Payment gateways
• Hosting providers
• Domain registrars
• Email services
• SMS providers
• Cloud services
• Google services
• Social media platforms
• Maps and location services
• Analytics services
• Advertising platforms
• APIs and external software services

Third-party services operate under their own terms, conditions, policies and technical limitations.

The developer does not control the operation, availability, security, pricing, policies or future functionality of third-party services.

Hosting, Domain & Server Services

Where hosting, domain registration, server configuration or related services are included in a project, the applicable provider's terms may also apply.

Unless specifically agreed in writing, the developer does not guarantee uninterrupted availability of third-party hosting, domain, DNS, cloud, email or server infrastructure.

Service interruptions caused by hosting providers, domain registrars, internet service providers, data centres, infrastructure failures, cyber incidents or other third-party systems may be outside the developer's control.

Payments & Project Fees

Project fees, payment schedules, advance payments, milestones and other commercial terms are determined separately for each project.

Where an advance payment or milestone payment is agreed, development work may be scheduled according to the applicable payment arrangement.

Additional work outside the agreed scope may incur additional charges.

Taxes, payment gateway charges, domain charges, hosting charges, third-party subscription fees and other external expenses may be payable separately unless expressly included in the agreed project price.

Changes & Additional Requirements

Clients may request changes during development.

Changes that materially alter the agreed scope, functionality, architecture, design, integrations or workflow may require revised pricing and/or revised delivery timelines.

Approval of additional work may be obtained through written communication, revised quotation, invoice, project document or another mutually accepted method.

Project Timeline & Delays

Development timelines depend on the agreed scope and the timely availability of information, content, credentials, approvals and feedback from the client.

Delays caused by late client feedback, unavailable information, changes in requirements, third-party services, hosting problems, technical dependencies or circumstances outside the developer's reasonable control may affect the delivery date.

Testing & Client Approval

Clients may be required to review and test delivered functionality before final approval.

The client should report identified defects or deviations from the agreed specifications within a reasonable period after delivery.

New requirements or functionality that were not part of the original specifications may be treated as additional work.

Maintenance & Technical Support

Development and delivery of a website or software system do not automatically include unlimited lifetime maintenance or technical support.

Ongoing maintenance, updates, security monitoring, server management, feature development, backups, bug fixes and technical support are provided only where agreed separately or included in the applicable service arrangement.

Intellectual Property

Intellectual property ownership and licensing arrangements may differ between projects.

Unless otherwise agreed in writing, third-party software, libraries, frameworks, plugins, APIs, fonts, stock assets, open-source components and other third-party materials remain subject to their respective licenses.

Client-provided materials remain the responsibility of the client.

The ownership or license applicable to custom-developed project materials will be determined by the relevant project agreement, quotation, invoice or written understanding.

Portfolio & Project Presentation

Unless the client and developer have agreed otherwise in writing, the developer may identify completed work as part of a professional portfolio or project history.

Confidential information, private credentials and information that the developer has expressly agreed to keep confidential will not be intentionally disclosed through portfolio presentation.

Confidential Information

Information that is clearly identified as confidential or that reasonably should be understood to be confidential will be handled with reasonable care.

Confidentiality obligations may also be governed by a separate Non-Disclosure Agreement or project agreement where applicable.

Security

Reasonable technical measures may be used during development and service delivery. However, no internet-connected system can be guaranteed to be completely secure.

Clients are responsible for maintaining appropriate security for credentials, administrator accounts, hosting accounts, email accounts, payment accounts and other accounts under their control.

Clients should not share passwords or authentication credentials through insecure communication channels.

Backups

Unless backup services are specifically included in a written agreement, the client remains responsible for maintaining appropriate backups of its website, software, database, content and business data.

Third-party hosting providers may provide their own backup systems, but such backups are subject to the provider's policies and limitations.

Disclaimer of Warranties

Information and services described on this website are provided subject to the applicable project agreement and applicable law.

No representation is made that the website or every service described on it will always be available, uninterrupted, error-free or compatible with every third-party system.

Unless expressly stated in writing, no guarantee is made regarding specific business results, revenue, sales, rankings, leads, traffic, conversions, profits or commercial outcomes from a website, software system, digital marketing activity or technical service.

Digital Marketing & SEO Disclaimer

Where digital marketing, SEO or related services are provided, results may depend on search engine algorithms, competition, market conditions, advertising platforms, website quality, content, user behaviour and numerous external factors.

Therefore, no specific search ranking, traffic level, lead volume, sales volume or revenue outcome is guaranteed unless expressly stated in a written agreement.

Limitation of Liability

To the maximum extent permitted by applicable law, Sumit Baidya shall not be responsible for indirect, incidental, consequential, special or business-related losses arising from the use of a website, software system, technical service or third-party service.

This may include, where legally permissible:

• Loss of profits
• Loss of revenue
• Loss of business opportunities
• Loss of customers
• Loss of anticipated savings
• Loss of data
• Business interruption
• Reputational loss
• Third-party service interruption

Nothing in these Terms & Conditions is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.

Client Indemnification

To the extent permitted by applicable law, the client agrees to be responsible for claims, losses, liabilities, damages, costs or expenses arising from the client's unlawful use of the delivered website or software, client-supplied content, business activities, products, services, transactions or violation of third-party rights.

This provision does not apply to the extent that the relevant loss is caused by conduct for which such protection cannot legally be applied.

Suspension or Termination

Services may be suspended or terminated where reasonably necessary because of non-payment, unlawful activity, abuse, security concerns, material breach of an agreement or other circumstances permitted by the applicable agreement or law.

Any project-specific termination, refund or cancellation terms may be governed by the relevant quotation, agreement or invoice.

Third-Party Links

This website may contain links to third-party websites, platforms or resources.

Such links are provided for convenience or informational purposes. Sumit Baidya does not control the content, privacy practices, security or availability of third-party websites.

Privacy

Your use of this website may also be subject to the Privacy Policy .

The Privacy Policy explains how information may be collected, used and processed through this website and related services.

Advertising & Analytics

This website may use third-party services such as Google Analytics and Google AdSense.

Such services may have their own terms, policies, cookies and data-processing practices. Their use may also depend on the configuration of this website and applicable consent requirements.

Changes to These Terms

These Terms & Conditions may be updated from time to time to reflect changes in services, technology, business practices, legal requirements or website functionality.

The updated version will be published on this page with a revised "Last Updated" date where appropriate.

Continued use of the website after an updated version has been published may constitute acceptance of the updated terms to the extent permitted by applicable law.

Force Majeure

The developer shall not be responsible for delays or failure to perform caused by circumstances beyond reasonable control, including but not limited to natural disasters, government actions, internet outages, infrastructure failures, hosting failures, cyber incidents, war, civil disturbance, strikes, utility failures or failures of third-party providers.

Governing Law & Jurisdiction

These Terms & Conditions shall be interpreted in accordance with applicable laws of India.

Subject to applicable law, disputes relating to services or agreements may be subject to the jurisdiction of the appropriate courts having jurisdiction over the relevant matter and parties.

Where a separate written client agreement specifies a different dispute-resolution mechanism or jurisdiction, that agreement may govern the relevant project to the extent legally enforceable.

Severability

If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, that provision shall be interpreted or limited to the extent necessary, and the remaining provisions shall continue to the extent permitted by applicable law.

Entire Agreement

For a particular project, the applicable proposal, quotation, invoice, statement of work, project agreement or other written agreement may contain additional terms.

In the event of a conflict between these website Terms & Conditions and a specific written project agreement, the specific project agreement may govern the relevant project to the extent expressly stated and legally enforceable.

No Professional Legal, Financial or Regulatory Advice

Unless expressly agreed otherwise, services provided through this website are technical and development services.

Website or software development should not be interpreted as legal, financial, accounting, tax, regulatory or professional advice.

Clients should obtain appropriate professional advice where their business, website, software, transactions or industry is subject to specific legal or regulatory requirements.

Contact Information

For questions regarding these Terms & Conditions, you may contact: