Terms of Service

Please read these terms carefully before using our services. By accessing or using itmarkerz Technologies, you agree to be bound by these terms.

Last Updated: January 15, 2024
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Terms of Service Agreement

This Terms of Service Agreement ("Agreement") governs your use of services provided by itmarkerz Technologies ("Company," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these terms and conditions.

1
Acceptance of Terms

By accessing or using the services provided by itmarkerz Technologies, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions.

Important: If you do not agree to these terms, please do not use our services. Your continued use of our services constitutes acceptance of any modified terms.

2
Services Description

itmarkerz Technologies provides custom software development services including:

  • Web application development and design
  • Mobile application development (iOS & Android)
  • E-commerce solutions and platform development
  • UI/UX design and prototyping services
  • Cloud infrastructure and deployment services
  • Ongoing maintenance and technical support
  • Consulting and technology advisory services

All services are provided on a project basis with specific terms outlined in individual project agreements and statements of work.

3
User Obligations and Responsibilities

As a user of our services, you agree to:

  • Provide accurate and complete information for project requirements
  • Respond to project communications in a timely manner
  • Provide necessary access to systems and resources as required
  • Review and provide feedback on deliverables according to agreed timelines
  • Make timely payments as outlined in project agreements
  • Comply with all applicable laws and regulations

4
Intellectual Property Rights

Client IP: All pre-existing intellectual property owned by the client remains the property of the client.

Developed IP: Upon full payment, all intellectual property rights for custom-developed work are transferred to the client, except for:

  • Pre-existing libraries, frameworks, and tools
  • Proprietary development methodologies
  • Reusable code components and architecture patterns

Open Source: We may incorporate open-source software, which remains subject to its respective licenses.

5
Payments and Billing

Payment terms are specified in individual project agreements. General terms include:

  • 50% advance payment for project initiation
  • 40% upon delivery of major milestones
  • 10% upon project completion and deployment
  • Additional costs for scope changes are communicated and approved in advance
  • Late payments may incur interest charges of 1.5% per month

What's Allowed

  • Use our services for legitimate business purposes
  • Request modifications during development phases
  • Access project documentation and source code
  • Receive ongoing support and maintenance

What's Not Allowed

  • Resell or redistribute our services without permission
  • Reverse engineer our proprietary technology
  • Use services for illegal or malicious purposes
  • Share confidential project information

6
Confidentiality

Both parties agree to maintain the confidentiality of proprietary information received from the other party. Confidential information includes:

  • Business plans and strategies
  • Technical specifications and architecture
  • Source code and development methodologies
  • Client lists and business relationships
  • Financial information and pricing structures

7
Limitation of Liability

To the maximum extent permitted by law, itmarkerz Technologies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

Disclaimer: Our total liability for any claim arising from these terms shall not exceed the total amount paid by you for services in the six months preceding the claim.

8
Termination

Either party may terminate this Agreement with 30 days written notice. Termination may occur immediately in case of:

  • Material breach of these terms
  • Non-payment of fees
  • Illegal or fraudulent activities
  • Violation of intellectual property rights

9
Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes shall be resolved through arbitration in Bangalore, India, in accordance with the Arbitration and Conciliation Act, 1996.

10
Changes to Terms

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

Significant changes will be communicated via email or through our platform at least 30 days before they take effect.

Contact Information

For questions about these Terms of Service, please contact:

itmarkerz Technologies Legal Department
Email: legal@itmarkerz.co.in
Phone: +91 98765 43210
Address: 123 Tech Park, Bangalore, India - 560001

By using our services, you acknowledge that you have read and agree to these Terms of Service.