These Terms and Conditions (
"Terms") constitute a legally binding
agreement between
Ravi Trigunayat, the legal guardian of Nainabh
Prakash Trigunayat, operating a full-stack web development business (
"Owner," "We," "Us," or "Our"), and any person or entity (
"Client," "You," or "Your") accessing or engaging services through
this website.
By submitting an enquiry form, clicking any acceptance checkbox, selecting any service package,
making payment, or otherwise engaging with Our services, You acknowledge that You have read,
understood, and unconditionally agree to be bound by these Terms.
Effective Date: January 4, 2026 ·
Website: https://nptrigunayat.com
Clause 01
Acceptance and Binding Nature
1.1. These Terms form a valid and enforceable contract under the Indian Contract Act, 1872,
and the Information Technology Act, 2000.
1.2. Your acceptance may be manifested through any of the following actions:
- Clicking "Get Started," "Book Consultation," "I Agree," "Submit," or any similar button
- Selecting or purchasing any service package listed on https://nptrigunayat.com
- Submitting any enquiry, contact form, or service request
- Scheduling or attending a consultation call
- Making any payment, deposit, or advance toward services
- Continued use of the website or services following publication of these Terms
1.3. You represent and warrant that You possess full legal capacity to enter into this
contract under the laws of India, and that You are not a minor or otherwise disqualified
from contracting.
1.4. If You are entering this contract on behalf of a business entity, You represent that You
have full authority to bind such entity to these Terms.
1.5. No oral or written representation made outside these Terms shall modify or supersede
these Terms unless executed in a separate written agreement signed by the Owner.
1.6. By proceeding with any service engagement, You acknowledge that You have had adequate
opportunity to review these Terms, seek independent legal advice, and negotiate any
provisions, and that You are entering into this contract voluntarily and with full
understanding.
Clause 02
Legal Entity and Contracting Party
2.1. The sole legal owner and contracting party under these Terms is Ravi Trigunayat, residing in Lucknow, Uttar Pradesh, India,
acting in the capacity of legal guardian.
2.2. Services may be designed, executed, or delivered by Nainabh Prakash Trigunayat,
operating under the authority and supervision of Ravi Trigunayat.
2.3. All contractual obligations, liabilities, representations, and warranties shall bind and
be enforceable solely against Ravi Trigunayat as the legal owner and contracting party.
2.4. Any communication, notice, demand, or legal proceeding must be addressed to Ravi
Trigunayat at:
Clause 03
Service Packages and Scope
3.1. The Owner offers the following service packages as displayed on https://nptrigunayat.com:
3.1.1. Starter Package
₹11,999
Starter Package (₹11,999) — Best for: Small projects,
personal brands, simple lead capture. One-time payment.
- Basic website development (typically 1-5 pages)
- Mobile-responsive design
- Contact form integration
- Basic SEO setup
- Free consultation
- Standard support as defined in Clause 3.9
Domain, emails, and hosting are priced separately based on requirements.
3.1.2. Business Package
₹17,999
Business Package (₹17,999) — Best for: Gyms, local
businesses, service providers who want more enquiries. One-time payment.
- Multi-page website development
- Enhanced UI/UX design
- Advanced form integrations
- Gallery/portfolio sections
- Performance optimization
- Free consultation
- Standard support as defined in Clause 3.9
Domain, emails, and hosting are priced separately based on requirements.
3.1.3. Professional Package
₹24,999
Professional Package (₹24,999) — Best for: Growing
businesses that need systems, not just pages. One-time payment.
- Full-featured website or web application
- Custom management system features (as agreed)
- Database integration (basic implementation)
- Advanced animations and interactions
- User authentication (basic implementation)
- Analytics integration
- Free consultation
- Standard support as defined in Clause 3.9
Domain, emails, and hosting are priced separately based on requirements.
3.1.4. Enterprise Package
₹29,999 or Based on Requirements
Enterprise Package (₹29,999 or Based on Requirements) —
Best for: Startups, platforms, serious products. Payment terms based on project
scope.
- Custom web application development
- Full-stack implementation
- API development and third-party integrations
- Payment gateway integration
- Admin dashboard/control panel
- Cloud deployment assistance
- Advanced security implementation
- Free consultation
- Extended support as defined in Clause 3.9
Domain, emails, and hosting are priced separately based on requirements.
3.1.5. Redesign Package
₹18,999
Redesign Package (₹18,999) — Best for: Outdated or
low-converting websites. One-time payment.
- Complete website redesign
- UI/UX audit and optimization
- Modern, responsive layout
- Performance improvements
- SEO optimization
- Content migration (existing content only)
- Training session
- Free consultation
- Standard support as defined in Clause 3.9
⚠️
Domain and emails are NOT included in this package.
3.1.6. Maintenance Package
₹3,999/month
Maintenance Package (₹3,999/month) — Best for:
Non-technical business owners who want their website handled without thinking about
it. Recurring monthly payment.
- Regular content updates (as requested)
- Bug fixes and issue resolution
- Security patches and updates
- Performance monitoring
- Backup management
- Priority email support
- Monthly maintenance report
⚠️
Hosting, domain renewal, and emails are billed separately if applicable. Refer to
Clause 6.11 for billing details. Minimum commitment: 3 months. Cancellation
requires 30 days' written notice.
3.2. Free Consultation: All packages include one (1) free
30-minute consultation call to discuss requirements, scope, and feasibility. The
consultation is advisory only and does not constitute a binding commitment or guarantee.
3.3. Scope Limitations: Unless explicitly agreed in a separate
written scope document or proposal signed by the Owner:
- Services are limited to what is expressly listed in the selected package
- "Basic" implementations refer to standard features with limited customization
- Domain registration, email accounts, and hosting services are facilitated through
third-party providers and are subject to separate charges and their respective terms
- SSL certificates, premium plugins, third-party API subscriptions, and paid services are
Client's responsibility unless otherwise agreed
- Post-launch support covers bug fixes and technical assistance only, not new feature
development, design changes, or content creation
- Timelines provided are estimates and may vary based on project complexity and Client
responsiveness
- SEO setup refers to technical optimization only, not content marketing, link building,
or ongoing SEO services
- Analytics integration means basic setup of tools like Google Analytics, not ongoing
analysis or reporting
3.4. Domain, Email, and Hosting:
- Domain registration, email hosting, and web hosting are priced separately unless
explicitly included in a custom quote
- The Owner acts solely as a facilitator for third-party registrar and hosting services
- Client is responsible for renewal fees, ongoing hosting costs, and compliance with
third-party provider terms
- The Owner bears no liability for domain availability, registration delays, hosting
downtime, email deliverability, or third-party service disruptions
3.5. Custom Projects: For projects requiring custom scope
beyond standard packages, the Owner will provide a detailed proposal outlining deliverables,
timeline, payment schedule, and terms. The proposal, once accepted and signed, shall be
incorporated into these Terms.
3.6. Revision Rounds: Standard packages include a reasonable
number of revision rounds (typically 2-3 rounds) to incorporate Client feedback during
development. Revisions must be communicated clearly and within agreed timelines. Substantial
scope changes or redesign requests beyond agreed revisions will be subject to additional
charges.
3.7. Third-Party Integrations: Integration of third-party
services (payment gateways, CRM systems, email marketing tools, etc.) is subject to:
- Availability and compatibility of third-party APIs
- Client providing necessary credentials, accounts, and permissions
- Compliance with third-party terms of service
- Additional costs for premium APIs or subscriptions
3.8. Source Code Ownership: Upon receipt of full payment,
Client receives source code and complete project files for the custom work developed
specifically for the Client. Proprietary frameworks, reusable components, tools, and
methodologies developed by the Owner remain the Owner's exclusive property.
3.9. Support Definition:
- Standard Support: Email support for bug fixes and
technical issues directly related to delivered work for the period specified (if any).
Response time: within 24-48 hours during business days (Monday-Friday, 10 AM - 6 PM
IST).
- Extended Support: Longer support duration for higher-tier
packages.
- Priority Support: Faster response times for Maintenance
Package subscribers.
- Support does NOT include: New features, design changes,
content updates, issues caused by Client modifications, third-party service failures, or
hosting/server issues
3.10. Any additional services, features, or modifications requested after contract execution
or project completion shall be subject to separate charges and written agreement.
Clause 04
Marketing Statements and Disclaimers
4.1. Aspirational Claims: Marketing statements, slogans, and
promotional content displayed on https://nptrigunayat.com (including but not limited to references to
"99.9% uptime," "24/7 support," "load times under 2 seconds," "enterprise-grade security,"
"increase conversions," or similar claims) are aspirational goals
and industry best practices We strive to achieve, not binding guarantees or
warranties.
4.2. Performance Metrics: Any reference to website performance
(load times, speed optimization, etc.) depends on numerous factors outside the Owner's
control, including but not limited to:
- Hosting provider performance and infrastructure
- Geographic location of users
- Internet connection speed
- Device capabilities and browser compatibility
- Third-party scripts, plugins, and integrations
- Content type, size, and volume
- Traffic levels and concurrent users
4.3. Business Outcomes: Any reference to business results,
conversions, engagement, leads, sales, or revenue is illustrative
only. The Owner makes no guarantee or warranty
that Your website will:
- Rank in search engines or generate organic traffic
- Convert visitors into customers or generate leads
- Increase sales, revenue, or business growth
- Achieve any specific business outcome or ROI
4.4. Security Statements: While We implement industry-standard
security practices, no website or application can be guaranteed to
be 100% secure. The Owner is not liable for security breaches, hacking, data
theft, or unauthorized access occurring after delivery.
4.5. Support Availability: References to support availability
(including "24/7 support") indicate the Owner's commitment to providing responsive
assistance, but do not guarantee immediate response or resolution at all hours. Actual
support terms are as defined in Clause 3.9.
4.6. These disclaimers do not limit the Owner's obligation to perform services with
reasonable skill and care as per industry standards, but clarify that specific numeric
targets, uptime percentages, and business outcome claims are not contractual commitments.
Clause 05
No Warranties or Guarantees
⚠️
5.1. All services are provided on an "as is" and "as available" basis without any
warranties whatsoever, except as expressly required by mandatory provisions of Indian
law.
5.2. The Owner makes absolutely no warranties, express or
implied, including but not limited to:
- Merchantability, fitness for a particular purpose, or non-infringement
- Uninterrupted, error-free, secure, or virus-free website functionality
- Achievement of business results, revenue, profits, traffic, leads, conversions, sales,
or search engine rankings
- Compatibility with all devices, browsers, operating systems, screen sizes, or assistive
technologies
- Accuracy, reliability, completeness, or quality of deliverables
- Availability, performance, uptime, or reliability of third-party services including
hosting, domains, payment gateways, APIs, or integrations
- Freedom from bugs, errors, or defects after the support period expires
- Compliance with future changes to laws, regulations, platform requirements, or
third-party terms
5.3. SEO and Search Engine Visibility: SEO setup and
optimization do not guarantee search engine rankings, indexing, traffic, or visibility.
Search engine algorithms are proprietary, constantly changing, and outside the Owner's
control. Rankings depend on numerous factors including competition, content quality,
backlinks, domain authority, and algorithm updates.
5.4. Security: While reasonable security practices are
followed during development, the Owner does not guarantee that Your website will be immune
from hacking, malware, data breaches, DDoS attacks, or unauthorized access. Post-delivery
security is Client's responsibility unless covered by an active Maintenance Package.
5.5. Third-Party Services: The Owner does not warrant or
guarantee the performance, availability, security, or compliance of any third-party
services, platforms, APIs, hosting providers, or integrated tools. Client uses such services
at their own risk and is bound by their respective terms.
5.6. Any estimates, timelines, performance projections, or suggestions provided by the Owner
are advisory only and shall not constitute binding commitments or warranties.
Clause 06
Client Responsibilities and Representations
6.1. You represent, warrant, and covenant that:
- All content, text, images, trademarks, logos, videos, data, and materials provided by
You ("Client Content") are legally owned by You or You have obtained all necessary
licenses, permissions, rights, and consents to use them
- Client Content does not and will not infringe upon any intellectual property rights,
privacy rights, publicity rights, or other proprietary or personal rights of any third
party
- Client Content does not and will not contain any defamatory, obscene, offensive,
illegal, or prohibited material
- Your business activities, products, services, and website usage comply with all
applicable laws including but not limited to the Information Technology Act, 2000,
Consumer Protection Act, 2019, Goods and Services Tax Act, 2017, Indian Penal Code,
1860, Copyright Act, 1957, Trade Marks Act, 1999, Personal Data Protection laws, and all
other applicable central, state, and local legislation
- You hold all requisite licenses, registrations, permits, approvals, and certifications
to conduct Your business operations
- Your business does not involve any illegal, fraudulent, defamatory, discriminatory, or
prohibited activities
- You will not use the delivered website for any unlawful purpose, spam, phishing, malware
distribution, or violation of these Terms
6.2. You shall be solely and exclusively responsible for:
- The legality, accuracy, appropriateness, quality, and compliance of all Client Content
- Compliance with all data protection, privacy, taxation, consumer protection,
advertising, e-commerce, and other regulatory obligations applicable to Your business
- Obtaining and maintaining domain names, hosting services, SSL certificates, email
accounts, and third-party service accounts required for Your website
- Timely provision of all materials, information, credentials, feedback, approvals, and
decisions necessary for service delivery
- Payment of all applicable taxes, duties, levies, domain renewal fees, hosting fees, and
third-party service charges
- Backup and preservation of all data, content, files, and databases related to Your
website
- Security measures including strong passwords, two-factor authentication, access control,
and regular security updates
- Renewal of domain names, hosting services, SSL certificates, email accounts, and
third-party subscriptions
- Monitoring and moderating user-generated content (if applicable) on Your website
- Compliance with accessibility standards, cookie consent requirements, and privacy
policies if legally required
- Testing and accepting deliverables within agreed timelines
6.3. Impact of Delays: Any delay, non-performance, or failure
caused by Your failure to provide timely inputs, approvals, content, credentials, or
information shall:
- Not extend any delivery timeline or deadline
- Not entitle You to refund, compensation, damages, or price reduction
- Not constitute a breach by the Owner
- Entitle the Owner to suspend work until inputs are received, with no adjustment to
payment obligations
- Result in automatic extension of the project timeline on a day-for-day basis
6.4. Testing and Acceptance: You are responsible for
thoroughly testing all deliverables (including functionality, content accuracy, links,
forms, and compatibility) within five (5) business days of receiving access to the
staging/preview environment. Failure to report issues within this period constitutes
acceptance of the deliverables as satisfactory.
Clause 07
Payment Terms
7.1. All fees are quoted in Indian Rupees (INR), are exclusive of applicable taxes, and are
as displayed on https://nptrigunayat.com at the time of purchase.
7.2. Package Pricing:
- Starter: ₹11,999 (one-time payment)
- Business: ₹17,999 (one-time payment)
- Professional: ₹24,999 (one-time payment)
- Enterprise: ₹29,999 or as mutually agreed based on requirements
- Redesign: ₹18,999 (one-time payment, domain and emails NOT included)
- Maintenance: ₹3,999 per month (recurring)
7.3. Payment Structure:
- For packages up to ₹17,999: Minimum 50% advance before commencement, balance 50% before
final delivery and handover
- For packages ₹24,999 and above: Default payment structure is 50% advance before
commencement, 50% before final delivery, or as mutually agreed in writing
- For Maintenance Package: Monthly advance payment due on the 1st of each month. First
month payable upon subscription
- For Enterprise/Custom Projects: Payment milestones to be defined in the project proposal
based on project phases and deliverables
7.4. Additional Charges: Domain registration, email hosting,
web hosting, SSL certificates, premium plugins, third-party API subscriptions, stock
images/assets, and any third-party services are billed separately at actual cost plus a
reasonable facilitation fee (typically 10-15%) unless otherwise agreed.
🚫
7.5. Non-Refundable Policy: All payments made to the Owner are
strictly non-refundable under any circumstances, except where expressly
required by mandatory consumer protection laws or agreed in a separate written refund
agreement signed by the Owner.
This includes but is not limited to situations where:
- You change Your mind, business model, or requirements
- You experience financial difficulties, business closure, or change in priorities
- You are dissatisfied with the design, functionality, features, or deliverables
- You fail to provide timely inputs, approvals, or content
- Third-party services (hosting, domain, email, APIs) experience issues or downtime
- Your website does not generate expected traffic, leads, conversions, or revenue
- You decide to engage another developer or change service providers
- You terminate the contract for any reason
- Force majeure events prevent project completion
7.6. Work Product Retention: In the event of non-payment or
partial payment, the Owner retains ownership of all work product, and You forfeit all
payments made with no entitlement to deliverables or refund.
7.7. Late Payment Consequences: If any payment installment or
recurring fee is not received by the due date:
- All work shall be immediately suspended until payment is received in cleared funds
- Interest at the rate of 18% per annum shall accrue on overdue amounts from the due date
until payment
- Access to staging/preview environments may be revoked
- The Owner may terminate the contract without notice, retain all payments made, and
withhold all deliverables and intellectual property
- You shall remain liable for the full contract value plus interest, collection costs, and
legal fees
- Late payment fees of ₹500 per day may be applied after 7 days of non-payment
7.8. Withholding of Deliverables: The Owner reserves the
absolute right to withhold delivery of all work product, source code, files, credentials,
documentation, and intellectual property until full and final payment (including all
applicable taxes, third-party charges, and interest) is received in cleared funds.
7.9. Taxes: All fees are exclusive of Goods and Services Tax
(GST) and any other applicable taxes, levies, or duties, which shall be added to invoices as
per applicable law. You are responsible for all taxes arising from this transaction. The
Owner will provide GST-compliant invoices where applicable.
7.10. Invoicing: Invoices will be issued via email and are
payable immediately upon receipt unless otherwise specified. Accepted payment methods
include bank transfer (NEFT/RTGS/IMPS), UPI, or other methods as communicated.
7.11. Maintenance Package Billing: For the Maintenance
Package:
- Payment is due on the 1st of each month in advance
- Services commence only after the first month's payment is received
- Hosting, domain renewal, SSL renewal, and email charges (if applicable) are billed
separately at actual cost when due
- Non-payment for two consecutive months results in automatic service suspension and
termination
- No refunds for unused services or partial months
7.12. Price Changes: The Owner reserves the right to modify
pricing for future engagements with 30 days' notice. Pricing changes do not affect active,
paid projects.
7.13. No work shall commence until the required advance payment is received and confirmed in
the Owner's bank account.
Clause 08
Intellectual Property Rights
8.1. All intellectual property rights, including but not limited to copyrights, design
rights, database rights, source code, object code, graphics, templates, frameworks,
methodologies, algorithms, and proprietary tools created or used during service delivery,
shall remain the exclusive and absolute property of the Owner until full and final payment
(including all taxes, third-party charges, and interest) is received.
8.2. License Grant: Upon receipt of full and final payment,
the Owner grants You a non-exclusive, non-transferable, perpetual, royalty-free license to
use the delivered website, source code, and associated materials solely for Your internal
business purposes as originally intended.
8.3. Proprietary Components: The following remain the Owner's
exclusive property indefinitely:
- Reusable frameworks, libraries, and code components developed by the Owner
- Proprietary development tools, methodologies, and workflows
- Pre-existing code, templates, or assets incorporated into the project
- Knowledge, techniques, and processes used in service delivery
8.4. Portfolio Rights: The Owner expressly retains the
perpetual, irrevocable, worldwide, royalty-free right to:
- Use, reproduce, display, publish, and showcase the completed work in portfolios, case
studies, presentations, and marketing materials
- Publish screenshots, descriptions, features, and details of the project on https://nptrigunayat.com, social
media, GitHub, Behance, Dribbble, and other platforms
- Reference You as a client in business development, proposals, and professional
networking activities
- Share the work publicly for promotional and educational purposes
You may object to portfolio usage only by providing written notice at the time of initial
contract execution with valid business justification. Portfolio rights cannot be revoked
after project completion without separate written agreement and consideration.
8.5. Restrictions: You shall not:
- Reverse engineer, decompile, disassemble, or attempt to derive source code from any
proprietary components or obfuscated code
- Resell, sublicense, redistribute, or transfer any deliverables to third parties for
commercial exploitation
- Remove, modify, or obscure any proprietary notices, credits, watermarks, attribution
links, or copyright notices placed by the Owner
- Claim ownership or authorship of the Owner's proprietary tools, frameworks,
methodologies, or pre-existing components
- Use deliverables for purposes other than the originally agreed scope without written
permission
- Create derivative works based on the Owner's proprietary frameworks or tools
8.6. Third-Party Components: Any third-party software,
plugins, libraries, frameworks, fonts, icons, APIs, or services integrated into the project
remain subject to their respective licenses and terms of use. You are solely responsible for
compliance with such third-party terms and for obtaining necessary licenses if required.
8.7. Client Content: You retain all intellectual property
rights in Client Content provided by You. By providing Client Content, You grant the Owner a
non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, and display
such content solely for the purpose of performing services under this contract and for
portfolio use as permitted under Clause 8.4.
8.8. Open Source: If the project uses open-source components,
they remain subject to their respective licenses (MIT, GPL, Apache, etc.). The Owner will
disclose significant open-source dependencies upon request.
8.9. Trademarks: Neither party acquires any rights in the
other party's trademarks, trade names, or branding by virtue of this contract.
Clause 09
Limitation of Liability
9.1. To the maximum extent permitted under the Indian Contract Act, 1872, Consumer Protection
Act, 2019, and applicable law, the Owner's aggregate liability arising out of or related to
this contract, whether in contract, tort (including negligence), breach of statutory duty,
strict liability, or otherwise, shall not exceed the total fees
actually paid by You to the Owner under the specific engagement giving rise to
the claim.
⚠️
9.2. Exclusion of Consequential Damages: The Owner shall under no
circumstances be liable for any indirect, incidental, consequential, special,
punitive, exemplary, or enhanced damages, including but not limited to:
- Loss of profits, revenue, business, sales, contracts, anticipated savings, or business
opportunity
- Loss of data, files, content, databases, or information (unless caused by gross
negligence)
- Loss of goodwill, reputation, brand value, or customer relationships
- Business interruption, downtime, operational delays, or lost productivity
- Third-party claims, demands, lawsuits, or actions
- Damages arising from third-party services including hosting providers, domain
registrars, payment gateways, email services, CDN providers, or any integrated tools or
APIs
- Damages arising from security breaches, hacking, malware, viruses, ransomware, DDoS
attacks, or unauthorized access
- Damages arising from search engine algorithm changes, ranking fluctuations, de-indexing,
or penalties
- Damages arising from platform policy changes (social media, payment processors, etc.)
- Cost of procurement of substitute services or technology
9.3. Specific Exclusions: The Owner shall not be liable for
any damages, losses, or claims arising from:
- Unauthorized access, cyberattacks, data breaches, or security vulnerabilities in
hosting, third-party services, or Client's own systems
- Your failure to implement security measures, software updates, backups, SSL
certificates, or access controls
- Inaccurate, incomplete, delayed, or untimely information, materials, or approvals
provided by You
- Changes to third-party services, APIs, terms, availability, pricing, or discontinuation
- Browser compatibility issues arising from browser updates released after delivery
- Device or operating system compatibility issues outside the agreed testing scope
- Your modifications, customizations, or alterations to delivered work
- Your use of the website or services outside the agreed scope, for unlawful purposes, or
in violation of third-party terms
- Force majeure events or circumstances beyond the Owner's reasonable control
- Your failure to renew domains, hosting, SSL certificates, or maintain backups
- Content posted by Your users or third parties (if applicable)
- Regulatory or legal compliance issues related to Your specific industry or jurisdiction
9.4. Acknowledgment: You acknowledge and agree that:
- The fees charged reflect the allocation of risk and limitation of liability set forth in
this Clause
- The limitations and exclusions in this Clause are reasonable, fair, and fundamental to
the basis of the bargain between You and the Owner
- The Owner would not enter into this contract without these limitations
- You have had the opportunity to negotiate these terms or obtain insurance coverage for
risks not covered herein
- These limitations reflect industry standard practices for IT service contracts
9.5. These limitations shall apply even if:
- The Owner has been advised of the possibility of such damages or losses
- The limited remedies provided fail of their essential purpose
- Any limited remedy provided in these Terms is found to have failed of its essential
purpose
9.6. Time Limit for Claims: No liability shall arise for any
claim brought more than six (6) months after the cause of action accrues or the date of
final delivery, whichever is earlier.
9.7. Mitigation: You agree to take all reasonable steps to
mitigate any losses or damages You may suffer. The Owner's liability shall be reduced to the
extent that You fail to mitigate.
Clause 10
Indemnification
10.1. You agree to indemnify, defend, and hold harmless the Owner, Ravi Trigunayat, Nainabh
Prakash Trigunayat, and their respective affiliates, contractors, agents, employees,
successors, and representatives (collectively, "Indemnified Parties") from and against any
and all claims, demands, actions, suits, proceedings, investigations, liabilities,
judgments, settlements, damages, losses, costs, and expenses (including but not limited to
reasonable legal fees, court costs, arbitration costs, and expenses of litigation) arising
out of or related to:
- a) Your breach of any provision of these Terms or any representation, warranty, or
covenant herein
- b) Your violation of any applicable law, regulation, statute, ordinance, industry
standard, or third-party rights
- c) Client Content provided by You, including any infringement or alleged infringement of
intellectual property rights, privacy rights, publicity rights, proprietary rights, or
defamation claims
- d) Your use or misuse of the delivered website, services, hosting, domain, or any
component thereof
- e) Any claims by Your customers, users, clients, subscribers, or third parties related
to Your business activities, products, services, website content, or terms of service
- f) Your failure to comply with taxation, consumer protection, data privacy, e-commerce,
advertising, accessibility, or other regulatory obligations
- g) Any false, misleading, fraudulent, or inaccurate information provided by You
- h) Your failure to maintain security, implement updates, maintain backups, or control
access
- i) Any modification, alteration, customization, or addition made to deliverables after
delivery by You or third parties
- j) Any dispute or claim arising from third-party services including hosting, domain
registration, email services, payment processing, or any integrated platforms or APIs
- k) Security breaches, data loss, or unauthorized access caused by Your negligence or
failure to follow security best practices
- l) Your failure to renew domains, hosting, SSL certificates, or maintain necessary
services
- m) Any employment, contractor, or partnership claims arising from Your relationship with
any individuals or entities
10.2. Defense Obligations: You shall, at Your sole expense:
- Promptly notify the Owner in writing of any claim subject to indemnification
- Defend the Indemnified Parties against any such claim using legal counsel acceptable to
the Owner
- Pay all damages, costs, settlements, and expenses finally awarded or agreed in
settlement
- Cooperate fully with the Owner's defense if the Owner chooses to participate
10.3. Owner's Rights: The Owner reserves the right to:
- Assume exclusive defense and control of any matter subject to indemnification by You, at
Your expense
- Approve any settlement that affects the Owner's rights or creates obligations for the
Owner
- Participate in defense at the Owner's own expense
10.4. No Settlement Without Consent: You shall not settle any
claim subject to indemnification without the Owner's prior written consent if such
settlement:
- Admits fault or liability on behalf of the Indemnified Parties
- Imposes any obligation on the Indemnified Parties
- Does not include a complete release of the Indemnified Parties
10.5. This indemnification obligation shall survive termination or expiration of this
contract indefinitely.
Clause 11
Confidentiality
11.1. Each party agrees to maintain the confidentiality of any proprietary, sensitive, or
non-public information disclosed by the other party during the term of this engagement
("Confidential Information").
11.2. Confidential Information includes:
- Business plans, strategies, financial information, and trade secrets
- Technical information, source code, algorithms, and proprietary methodologies
- Customer lists, pricing information, and business relationships
- Any information marked as "Confidential" or that a reasonable person would understand to
be confidential
11.3. Confidential Information does not include information that:
- Is publicly available through no breach of this agreement
- Was rightfully in the receiving party's possession prior to disclosure, as evidenced by
written records
- Was independently developed without use of the disclosing party's information
- Is required to be disclosed by law, regulation, court order, or government authority,
provided the receiving party provides prompt written notice to the disclosing party and
cooperates in any effort to obtain protective treatment
11.4. Portfolio Exception: The Owner may disclose project
details, screenshots, descriptions, features, and Client identity for portfolio and
marketing purposes as provided in Clause 8.4, which shall not be deemed a breach of
confidentiality unless You have provided timely written objection as specified.
11.5. Use of Information: Each party agrees to use
Confidential Information solely for the purpose of performing obligations under this
contract and not for any other purpose.
11.6. Return of Materials: Upon termination or upon request,
each party shall promptly return or destroy all Confidential Information and copies thereof
in its possession.
11.7. This obligation shall survive termination of the contract for a period of three (3)
years, except for trade secrets which shall remain confidential indefinitely.
Clause 12
Termination
12.1. Termination by Owner: The Owner may terminate this
contract immediately, without notice, without refund, and without liability if:
- You breach any material provision of these Terms
- You fail to make any payment when due and such failure continues for seven (7) days
after written notice
- You provide false, misleading, fraudulent, or materially inaccurate information
- You engage in illegal, fraudulent, unethical, abusive, or threatening conduct toward the
Owner or representatives
- You use the services in a manner that violates applicable law or infringes third-party
rights
- You request features, content, or functionality that would violate law or infringe
third-party rights
- You repeatedly fail to provide necessary inputs, approvals, or cooperation despite
written requests
- The Owner reasonably believes continued performance would expose the Owner to legal
liability, reputational harm, or financial loss
- You become insolvent, file for bankruptcy, or cease business operations
12.2. Consequences of Owner Termination: Upon termination by
the Owner for cause:
- You forfeit all payments made, with absolutely no entitlement to refund
- No deliverables, work product, files, source code, or intellectual property shall be
transferred to You
- All licenses granted under Clause 8 immediately terminate
- You shall immediately cease all use of any materials, preview environments, or
credentials provided by the Owner
- You remain liable for any unpaid fees, outstanding amounts, and collection costs
- The Owner may delete all work product and is under no obligation to preserve it
12.3. Termination by Client: You may terminate this contract
by providing fifteen (15) days' prior written notice to the Owner via email to hello@nptrigunayat.com,
subject to:
- Payment of all fees for work completed and in progress up to the termination date,
calculated on a pro-rata basis or milestone basis as mutually agreed
- No refund of any payments already made for any reason whatsoever
- Payment of a termination fee equal to 25% of the remaining contract value to compensate
for opportunity cost and business disruption
- Completion of exit procedures including handover of completed work (if paid for)
12.4. Termination of Maintenance Package:
- By Owner: Immediate termination for non-payment or breach, with no refund for the
current month
- By Client: Thirty (30) days' written notice required. No refund for unused services or
the notice period
- Minimum commitment of three (3) months must be completed before cancellation is
permitted
12.5. Automatic Termination: This contract shall automatically
terminate without notice if:
- You cease business operations permanently
- You become insolvent, file for bankruptcy protection, or make an assignment for the
benefit of creditors
- You engage in any activity that results in suspension or termination of critical
third-party services (hosting, domain, payment processing)
12.6. Effect of Termination: Upon termination for any reason:
- All unpaid amounts become immediately due and payable
- All licenses granted under Clause 8 immediately terminate unless full payment has been
made and intellectual property has been transferred
- You shall immediately cease all use of deliverables if intellectual property has not
been transferred
- The Owner may disable access to staging environments, repositories, and preview links
- All obligations under Clauses 5, 8, 9, 10, 11, 13, and 14 shall survive termination
indefinitely
- The Owner has no obligation to maintain, preserve, or return any work product, files, or
data unless explicitly agreed and paid for
12.7. No Liability for Termination: Except as expressly
provided herein, neither party shall be liable to the other for damages arising from
termination in accordance with these Terms.
Clause 13
Force Majeure
13.1. The Owner shall not be liable for any delay, failure, or non-performance of obligations
under these Terms due to circumstances beyond reasonable control ("Force Majeure Event"),
including but not limited to:
- Acts of God, natural disasters, earthquakes, floods, storms, hurricanes, wildfires, or
pandemics/epidemics
- War, terrorism, civil unrest, riots, insurrection, or government actions/orders
- Internet outages, telecommunications failures, power failures, or infrastructure
disruptions
- Cyberattacks, ransomware, DDoS attacks, or hacking affecting infrastructure or
third-party services
- Strikes, labor disputes, lockouts, or supply chain disruptions
- Failure or unavailability of critical third-party services, platforms, APIs, hosting
providers, or cloud infrastructure
- Changes in law, regulations, or compliance requirements that prevent performance
- Any other events or circumstances that are unforeseeable, unavoidable, and beyond the
Owner's reasonable control
13.2. Effect of Force Majeure:
- The Owner's obligations shall be suspended for the duration of the Force Majeure Event
- Delivery timelines shall be automatically extended by a period equal to the duration of
the Force Majeure Event plus reasonable recovery time
- No refund, compensation, penalty, or damages shall be payable
- The Owner shall make commercially reasonable efforts to mitigate the impact and resume
performance
- The Owner shall notify You of the Force Majeure Event and its expected duration within a
reasonable time
13.3. Extended Force Majeure: If the Force Majeure Event
continues for more than sixty (60) consecutive days, either party may terminate the contract
by providing written notice, without liability to the other party. In such case:
- No refund of payments made shall be provided
- The Owner shall deliver all completed work product (if any) in its then-current state
- The parties shall reasonably cooperate to minimize losses
13.4. Force Majeure does not excuse payment obligations for work already completed or
services already rendered.
Clause 14
Dispute Resolution and Jurisdiction
14.1. Governing Law: These Terms shall be governed by and
construed in accordance with the substantive laws of India, including but not limited to the
Indian Contract Act, 1872, Information Technology Act, 2000, Consumer Protection Act, 2019,
and the Arbitration and Conciliation Act, 1996, without regard to conflict of law
principles.
14.2. Amicable Resolution: Prior to initiating any formal
dispute resolution proceedings, the parties agree to engage in good-faith negotiation to
resolve any dispute, claim, or controversy arising out of or relating to these Terms for a
period of thirty (30) days from the date written notice of the dispute is provided.
Negotiation shall be conducted between:
- For Client: You or Your authorized representative
- For Owner: Ravi Trigunayat or authorized representative
14.3. Binding Arbitration: If the parties are unable to
resolve the dispute through negotiation within the specified period, any dispute, claim, or
controversy arising out of or relating to these Terms, or the breach, termination,
enforcement, interpretation, or validity thereof (including the validity, scope, and
enforceability of this arbitration clause) shall be resolved by binding arbitration in
accordance with the Arbitration and Conciliation Act, 1996, as amended.
The arbitration shall be conducted as follows:
- a) Seat and Venue: Lucknow, Uttar Pradesh, India
(exclusive seat of arbitration)
- b) Language: English and/or Hindi, at the arbitrator's
discretion
- c) Number of Arbitrators: One (1) sole arbitrator
mutually appointed by the parties within fifteen (15) days of the arbitration notice.
Failing mutual agreement, the arbitrator shall be appointed by the Lucknow District
Court or as per Section 11 of the Arbitration and Conciliation Act, 1996
- d) Arbitration Rules: The arbitration shall be conducted
in accordance with the Arbitration and Conciliation Act, 1996, as amended, and rules
thereunder. The arbitrator shall have discretion to determine procedural matters not
covered by the Act
- e) Discovery: Discovery shall be limited to what is
reasonably necessary and proportionate to resolve the dispute efficiently. The
arbitrator shall have authority to limit discovery requests
- f) Costs and Fees: Each party shall bear its own legal
fees, expert fees, and costs of representation. Arbitration fees, arbitrator's fees, and
administrative costs shall be shared equally unless the arbitrator awards costs to the
prevailing party. The arbitrator shall have discretion to award costs and fees to the
prevailing party as justice requires
- g) Award: The arbitral award shall be: final and binding
upon both parties; enforceable in any court of competent jurisdiction in India or
internationally under the New York Convention; in writing, with reasons stated; subject
to limited grounds for challenge under Section 34 of the Arbitration and Conciliation
Act, 1996
- h) Confidentiality: The arbitration proceedings,
evidence, documents, and award shall be kept confidential by both parties except as
required by law or to enforce the award
14.4. Exclusive Jurisdiction: Subject to Clause 14.3, the
courts of Lucknow, Uttar Pradesh, India shall have exclusive
jurisdiction over:
- Enforcement of arbitral awards
- Interim or injunctive relief prior to or during arbitration
- Appointment of arbitrators if parties fail to agree
- Matters outside the scope of arbitration (if any)
- Any matter arising out of or relating to these Terms if arbitration is found to be
invalid or unenforceable
14.5. Waiver of Objections: You irrevocably and
unconditionally:
- Waive any objection to the venue, jurisdiction, or convenience of the courts of Lucknow,
Uttar Pradesh, India, or to arbitration seated in Lucknow
- Waive any claim that such courts or arbitration in Lucknow constitute an inconvenient,
inappropriate, or unsuitable forum
- Submit to the exclusive jurisdiction of such courts and arbitration
14.6. Interim Relief: Notwithstanding the arbitration clause,
either party may seek interim, provisional, or injunctive relief from the courts of Lucknow,
Uttar Pradesh, India, to:
- Preserve rights or property
- Prevent irreparable harm
- Maintain the status quo pending arbitration
- Protect intellectual property rights
- Enforce confidentiality obligations
Such application for interim relief shall not constitute a waiver of the obligation to
arbitrate.
14.7. Class Action Waiver: You agree that any dispute
resolution proceedings shall be conducted only on an individual basis and not in a class,
consolidated, or representative action. You waive any right to participate in a class action
lawsuit or class-wide arbitration.
14.8. Limitation Period: No claim or action arising out of
these Terms may be brought more than six (6) months after the cause of action accrues or the
date of final delivery, whichever is earlier. Any claim not brought within this period is
permanently barred.
14.9. Small Claims Exception: Notwithstanding the above,
either party may bring a claim in small causes court or equivalent tribunal if the claim
falls within the jurisdictional and monetary limits of such court.
Clause 15
General Provisions
15.1. Severability: If any provision of these Terms is held
invalid, illegal, void, or unenforceable by a court of competent jurisdiction or arbitral
tribunal, such provision shall be:
- Modified to the minimum extent necessary to make it valid and enforceable while
preserving its intent and economic effect; or
- If modification is not possible, severed from these Terms
- And all other provisions shall remain in full force and effect
The invalidity of any provision shall not affect the validity or enforceability of any other
provision.
15.2. Entire Agreement: These Terms, together with any:
- Written service proposals or quotations executed by the Owner
- Payment invoices or receipts
- Project scope documents signed by both parties
- Email communications expressly incorporated by reference
constitute the entire agreement between the parties and supersede all prior or
contemporaneous oral or written communications, representations, understandings, agreements,
or proposals.
15.3. No Waiver: The Owner's failure, delay, or forbearance in
enforcing any provision of these Terms shall not:
- Constitute a waiver of that provision or any other provision
- Affect the Owner's right to enforce such provision thereafter
- Preclude the Owner from enforcing any other rights or remedies
Any waiver must be in writing and signed by the Owner to be effective. Waiver of one breach
does not waive subsequent breaches.
15.4. Amendment and Modification:
- The Owner reserves the right to amend, modify, or update these Terms at any time by
posting updated Terms on https://nptrigunayat.com with a new Effective Date
- Material changes shall be notified via email to registered Clients or by prominent
notice on the website
- Your continued use of services or website after such posting constitutes acceptance of
the amended Terms
- For ongoing projects, amendments take effect for work commenced after the amendment date
15.5. Assignment and Transfer:
- You may not assign, transfer, delegate, or sublicense Your rights or obligations under
these Terms without the Owner's prior written consent, which may be withheld at the
Owner's sole discretion. Any attempted assignment without consent shall be null and void
- The Owner may freely assign, transfer, or delegate its rights and obligations under
these Terms without restriction or notice to: any affiliate, subsidiary, or related
entity; any successor or acquirer in connection with a merger, acquisition, or sale of
assets; any subcontractor for performance of services (while remaining liable for such
performance)
15.6. Notices: All notices, requests, demands, and
communications required or permitted under these Terms shall be:
- In writing
- In English language
- Sent to the addresses provided by the parties
- Deemed delivered when: sent by email with confirmation of receipt/read receipt; or three
(3) business days after posting by registered post/speed post with acknowledgment; or
upon personal delivery with written acknowledgment
Owner's Contact Details:
Client's Contact Details: The email address and contact
information provided during service engagement or registration.
15.7. Survival: The following Clauses shall survive
termination or expiration of this contract indefinitely:
- Clause 4 (Marketing Statements and Disclaimers)
- Clause 5 (No Warranties or Guarantees)
- Clause 7.5 (Non-Refundable Policy)
- Clause 8 (Intellectual Property Rights)
- Clause 9 (Limitation of Liability)
- Clause 10 (Indemnification)
- Clause 11 (Confidentiality) -- for three years
- Clause 14 (Dispute Resolution and Jurisdiction)
- Clause 15 (General Provisions)
15.8. Independent Contractor: The relationship between the
parties is that of independent contractors. Nothing in these Terms shall be construed to
create, imply, or give effect to:
- A partnership, joint venture, or association
- An employment relationship or employer-employee relationship
- An agency relationship (except as specifically authorized)
- A fiduciary duty or relationship
Neither party has authority to bind the other or incur obligations on behalf of the other.
15.9. Headings and Captions: Clause headings and captions are
for convenience and reference only and shall not affect the interpretation, construction, or
meaning of these Terms.
15.10. No Third-Party Benefits: These Terms are intended
solely for the benefit of the parties hereto and their respective successors and permitted
assigns. No provision of these Terms confers any rights, benefits, or remedies upon any
person or entity other than the parties and their successors and permitted assigns.
15.11. Counterparts and Electronic Signatures: These Terms and
any amendments or related agreements may be executed in counterparts, each of which shall be
deemed an original. Electronic signatures and digital acceptance shall have the same legal
effect as original signatures.
15.12. Language: In the event of any translation of these
Terms into any other language, the English language version shall prevail in case of any
inconsistency or conflict.
15.13. Force and Effect: These Terms shall remain in full
force and effect during the term of service engagement and indefinitely thereafter to the
extent necessary to enforce rights and obligations that survive termination.
15.14. Compliance with Laws: Each party shall comply with all
applicable laws, regulations, and industry standards in performing its obligations under
these Terms.
15.15. Publicity: Unless You provide written objection, the
Owner may:
- Issue press releases or announcements regarding the engagement
- Use Your name and logo in client lists and marketing materials
- Publicly reference the business relationship in promotional contexts
Clause 16
Electronic Records and Digital Acceptance
16.1. You acknowledge and agree that electronic records, digital signatures, electronic
communications, and clickwrap acceptances are legally valid, binding, and enforceable under
the Information Technology Act, 2000, and constitute admissible evidence in legal
proceedings, arbitration, and courts.
16.2. The Owner may create, store, and maintain electronic records of:
- Your acceptance of these Terms (including timestamp, IP address, device information,
browser details, and method of acceptance)
- All communications, emails, messages, correspondence, and conversations between the
parties
- All transactions, payments, invoices, receipts, and financial records
- All service requests, forms, submissions, and inquiries
- All project files, deliverables, work product, and documentation
- All approvals, feedback, and instructions provided by You
- Website access logs, analytics data, and usage patterns
16.3. Such electronic records shall:
- Constitute valid, conclusive, and binding evidence of the matters recorded therein
- Be admissible in any legal proceedings, arbitration, or court without requirement for
further proof
- Have the same legal effect as original signed documents
16.4. Electronic Communications: You expressly consent to:
- Receive all communications, agreements, invoices, notices, disclosures, documents, and
legal notices in electronic form via email or through the website
- Such electronic communications satisfying any legal requirement that communications be
in writing
- Electronic delivery being deemed effective when sent to Your registered email address
16.5. Maintenance of Email Address: You are responsible for:
- Maintaining a valid, active, and regularly monitored email address
- Ensuring the Owner can contact You electronically without bouncebacks or delivery
failures
- Promptly notifying the Owner of any change in email address
- Checking spam/junk folders for important communications
16.6. Digital Signatures: You agree that:
- Clicking "I Agree," "Submit," "Accept," "Get Started," "Book Consultation," or similar
buttons constitutes Your legally binding electronic signature
- Such electronic signature has the same force and effect as a handwritten signature
- You cannot later deny the validity of Your electronic signature
16.7. Record Retention: The Owner shall retain electronic
records for a minimum of three (3) years from the date of transaction or as required by
applicable law, whichever is longer.
Clause 17
Specific Package Terms and Clarifications
17.1. Delivery Timelines:
- All stated delivery timelines are estimates only and are not guaranteed deadlines
- Timelines commence upon receipt of full advance payment and all required inputs
(content, credentials, approvals, etc.)
- Delays caused by You, third-party services, or force majeure do not extend timelines for
refund purposes and do not entitle You to compensation
- Actual delivery times depend on project complexity, revisions requested, and Client
responsiveness
17.2. Support Period Definition:
- Post-launch support periods cover only bug fixes and technical assistance directly
related to work delivered by the Owner
- Support does NOT include: new features, design changes, layout modifications, content
updates, additional pages, functionality enhancements, issues caused by Your
modifications, third-party plugin/service failures, hosting/server issues, or
performance degradation due to increased traffic
- Support is provided via email during business hours (Monday-Friday, 10 AM - 6 PM IST,
excluding public holidays)
- Response times are estimates, not guarantees. "Priority support" means faster response
times on a best-efforts basis
17.3. Maintenance Package Terms:
- Requires a minimum commitment of three (3) months. Cancellation before completion of
minimum term requires payment for the full minimum term
- Cancellation requires thirty (30) days' written notice via email. No refund for the
notice period or current month
- Services are provided on a best-efforts basis subject to availability and reasonable use
- "Regular updates" refers to content updates, not major redesigns or new features
- Maximum of two (2) hours of work per month included. Additional work billed at
₹1,500/hour
- Hosting, domain renewal, SSL renewal, premium plugin licenses, and email hosting are
billed separately at actual cost plus 10-15% facilitation fee
17.4. Enterprise Package Terms:
- Scope, features, deliverables, timeline, and payment schedule shall be defined in a
separate written proposal or Statement of Work
- Base price of ₹29,999 may be adjusted based on actual requirements
- Clause 7.5 (Non-Refundable Policy) applies to all Enterprise payments
- Complex projects may require multiple payment milestones (e.g., 30% advance, 40%
mid-project, 30% before delivery)
- Additional consultation hours included as specified in proposal
17.5. Redesign Package Terms:
- Requires existing website URL, hosting credentials, and full content access
- Content migration refers to existing text and images only, not restructuring or
copywriting
- "Training session" is a one-time 60-minute video call or screen recording on how to
update the new website
- Domain registration and email setup are NOT included and must be purchased separately or
already owned by Client
17.6. Domain, Email, and Hosting Clarifications:
- When "domain, emails, and hosting priced separately" is stated, the Owner facilitates
purchase through reputable third-party providers (e.g., Hostinger, Namecheap, GoDaddy,
etc.)
- The Owner charges actual cost plus a facilitation/setup fee of 10-15%
- Domain registration is typically ₹500-1,500/year depending on TLD (.com, .in, etc.)
- Email hosting is typically ₹100-500/month depending on provider and number of accounts
- Web hosting ranges from ₹200-2,000/month depending on hosting type (shared, VPS, cloud)
and requirements
- Client owns the domain and hosting accounts registered in their name. The Owner only
assists with setup
- Renewal is Client's responsibility. The Owner may send courtesy reminders but is not
liable for expired domains or hosting
17.7. Free Consultation Terms:
- One (1) free 30-minute consultation per project/inquiry
- Consultation is discovery and advisory only, not design or development work
- The Owner reserves the right to decline projects that are not a good fit
- Consultation does not create any obligation for either party to proceed
17.8. Third-Party Dependencies:
- Features dependent on third-party services (payment gateways, APIs, hosting, email,
social media integrations, maps, analytics) are subject to those services' availability,
terms, pricing, and limitations
- The Owner is not liable for third-party service failures, discontinuation, price
increases, policy changes, API deprecations, or downtime
- Client must create and maintain accounts with third-party services as required
(Razorpay, Google Analytics, Facebook Pixel, etc.)
17.9. Responsive Design:
- "Mobile-friendly and responsive" means the website adapts to common screen sizes
(desktop, tablet, mobile)
- Testing is performed on standard devices and browsers (Chrome, Firefox, Safari, Edge on
Windows/Mac/iOS/Android)
- The Owner does not guarantee perfect rendering on every device model, browser version,
or screen resolution
- Legacy browsers (Internet Explorer, outdated mobile browsers) are not supported
17.10. Performance Optimization:
- Performance optimization refers to technical best practices (code minification, image
compression, lazy loading, caching headers)
- Actual load times depend on hosting server speed, geographic location, internet
connection, and content size
- The Owner does not guarantee specific load time metrics after deployment
17.11. SEO Setup:
- "SEO setup" or "SEO-ready structure" refers to technical on-page SEO only: proper HTML
structure, meta tags, alt text, sitemap, robots.txt, schema markup (basic
implementation)
- Does NOT include: keyword research, content writing, link building, local SEO
optimization, ongoing SEO monitoring, or Google Business Profile setup
- Does NOT guarantee search engine rankings, indexing, or traffic
17.12. Database Integration:
- In Professional/Enterprise packages, "database integration" refers to basic CRUD
(Create, Read, Update, Delete) functionality for agreed features
- Does NOT include: complex data analytics, reporting dashboards, data migration from
legacy systems (unless explicitly agreed), or database administration
- Client is responsible for database backups unless covered by Maintenance Package
17.13. User Authentication:
- "User login and authentication" refers to basic email/password login with password reset
functionality
- Does NOT include: OAuth/social login (Google, Facebook), two-factor authentication,
role-based access control with multiple permission levels, or single sign-on (unless
explicitly agreed and separately priced)
17.14. Payment Gateway Integration:
- Refers to integration of Razorpay, Instamojo, PayU, or similar Indian payment gateways
- Client must create their own merchant account and complete KYC verification
- Payment gateway transaction fees, setup fees, and compliance requirements are Client's
responsibility
- The Owner is not liable for payment failures, disputes, chargebacks, or gateway downtime
Clause 18
Representations Regarding Fairness
18.1. You acknowledge, represent, and agree that:
- You have read and understood these Terms in their entirety before accepting
- You have had adequate and reasonable opportunity to seek independent legal, financial,
or professional advice before accepting these Terms
- You have had reasonable opportunity to negotiate, question, or object to any provisions
with which You disagreed
- You are entering into this contract voluntarily, without coercion, duress, undue
influence, or misrepresentation
- The terms, conditions, limitations, exclusions, and allocations of risk set forth herein
are reasonable, fair, necessary, and customary for IT service contracts in India
- The allocation of risk and limitation of liability reflect the nature of the services,
the fees charged, and industry standard practices
- The fees charged are consideration for the services and the assumption of limited
liability by the Owner
- These Terms do not constitute an unfair contract, unconscionable bargain, or contract of
adhesion under applicable consumer protection or contract law
- You have capacity and authority to enter into this binding agreement
18.2. Acknowledgment of Alternatives: You acknowledge that:
- You have the option to negotiate custom terms for larger projects
- You have the option to seek services from other providers with different terms
- You have the option to decline engagement if You disagree with these Terms
- You have chosen to engage the Owner's services with full knowledge of these Terms
18.3. No Reliance on Oral Representations: You acknowledge
that:
- You are not relying on any oral or written representations, promises, or statements made
outside these Terms
- All agreements, understandings, and commitments are contained herein
- No employee, contractor, or representative of the Owner has authority to modify these
Terms except through written amendment signed by the Owner
18.4. If You do not agree with any provision of these Terms, You must not proceed with
service engagement and must immediately cease use of the website and services.
Clause 19
Acknowledgment of Understanding and Consent
By proceeding with any action constituting acceptance under Clause 1.2, including but not
limited to:
- Clicking "Get Started," "Book Consultation," "Submit," "I Agree," or any similar button
- Selecting or purchasing a service package
- Submitting any enquiry, contact form, or service request
- Making any payment or deposit
- Attending a consultation call
You confirm, represent, warrant, and declare that:
- a) You have carefully and thoroughly read, reviewed, and fully understood these Terms
and Conditions in their entirety
- b) You agree to be legally bound by these Terms without reservation, qualification, or
mental reservation
- c) You have had adequate and sufficient opportunity to seek independent legal counsel
and advice regarding these Terms
- d) You voluntarily accept all risks, responsibilities, limitations, exclusions,
disclaimers, and obligations set forth herein
- e) You acknowledge that these Terms constitute a valid, binding, and enforceable
contract under Indian law
- f) You voluntarily and unconditionally consent to exclusive jurisdiction and arbitration
seated in Lucknow, Uttar Pradesh, India
- g) You understand and accept the non-refundable nature of all payments made
- h) You understand and accept the limitations of liability and exclusion of warranties
set forth herein
- i) You understand and accept the indemnification obligations placed upon You
- j) You have the legal capacity, authority, and right to enter into this contract
- k) You are not a minor or otherwise disqualified from contracting under Indian law
- l) If representing a business entity, You have full authority to bind such entity to
these Terms
- m) You consent to electronic communications, digital signatures, and electronic
record-keeping as legally binding
⚖️
By accepting these Terms, You waive any right to claim
that:
- The Terms are unfair, unreasonable, or unenforceable
- You did not understand or were not aware of the Terms
- You did not have adequate opportunity to review or negotiate the Terms
- You relied on oral representations contrary to these Terms
Clause 20
Contact Information
Legal Owner and Contracting Party:
Name: Ravi Trigunayat
Capacity: Legal Guardian of Nainabh Prakash Trigunayat
Business Name: NP Trigunayat (operating through https://nptrigunayat.com)
Location: Lucknow, Uttar Pradesh, India
Contact Details:
For legal notices, demands, and formal communications: Use the email address hello@nptrigunayat.com
with subject line "LEGAL NOTICE" or send registered post to the address provided upon
request.
For service inquiries and support: Contact through the website contact form at https://nptrigunayat.com/contact.html or email hello@nptrigunayat.com.
Response Times:
- Service inquiries: Within 24-48 hours during business days
- Legal notices: Acknowledgment within 5 business days
- Support requests (active projects): Within 24-48 hours during business days
Clause 21
Final Provisions
21.1. Effective Date: These Terms are effective as of January
4, 2026, and apply to all service engagements initiated on or after this date.
21.2. Version Control: This is Version 1.0 of these Terms and
Conditions. Any amendments will be published with a new version number and effective date.
21.3. Precedence: In the event of any conflict between these
Terms and any other document (proposal, invoice, email), these Terms shall prevail unless
explicitly overridden by a written agreement signed by the Owner.
21.4. Interpretation: These Terms shall be interpreted:
- In accordance with their plain and ordinary meaning
- As a whole, with each provision read in context
- To give effect to the commercial intentions of the parties
- Without presumption against the drafter (contra proferentem rule does not apply)
21.5. Binding Nature: These Terms are binding upon and inure
to the benefit of the parties and their respective heirs, executors, administrators,
successors, and permitted assigns.
21.6. Multiple Copies: You may print or save a copy of these
Terms for Your records. The current version is always available at https://nptrigunayat.com/terms
(or the Terms & Conditions link in the footer).
— END OF TERMS AND CONDITIONS —
Acceptance Confirmation
By using this website,
engaging any services, clicking any acceptance button, submitting any form, or making any
payment, You acknowledge and confirm that:
- You have read and understood these Terms and Conditions in their entirety
- You agree to be legally bound by these Terms without reservation
- You accept all limitations of liability, disclaimers, and indemnification obligations
- You consent to exclusive jurisdiction in Lucknow, Uttar Pradesh, India
- You acknowledge all payments are non-refundable
- You have had adequate opportunity to seek legal advice
- You are entering into this contract voluntarily and with full understanding
This constitutes a legally binding agreement enforceable under
Indian law. · Effective Date: January 4, 2026 · Version 1.0