Terms of Service

1. Acceptance of Terms

By accessing or using the Brihat Infotech website (brihatinfotech.com) or by engaging Brihat Infotech Private Limited for any services, you confirm that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations of India. If you are entering into these terms on behalf of a company or legal entity, you represent that you have the authority to bind that entity. If you do not agree with any part of these terms, you must immediately stop using our website and services. Brihat Infotech reserves the right to modify these terms at any time. Continued use of the website or services after any such modification constitutes your acceptance of the revised terms.

2. Services

Brihat Infotech provides technology services including but not limited to: custom software development, web and mobile application development, SaaS product engineering, AI and automation integration, digital platform engineering, data intelligence, staff augmentation, and related IT consulting. The specific scope of work, deliverables, timelines, and pricing for each client engagement are governed exclusively by a separate Statement of Work (SOW), Master Service Agreement (MSA), or Project Agreement executed between Brihat Infotech and the client. In case of conflict between these Terms and a signed project agreement, the project agreement shall prevail.

3. Client Responsibilities

The client agrees and acknowledges their responsibility to: (a) provide accurate, complete, and timely information required for project planning and execution; (b) designate a single authorised point of contact with the authority to make decisions and approve deliverables; (c) review and provide written feedback on deliverables within the timeframe specified in the project agreement — failure to respond within the agreed review period shall be deemed approval; (d) obtain, maintain, and provide access to all necessary third-party accounts, licences, APIs, and credentials needed for the project; (e) ensure that all content, data, and requirements provided to Brihat Infotech comply with applicable laws, and do not infringe any third-party intellectual property rights; (f) maintain adequate backups of all existing systems and data prior to any integration or migration work. Brihat Infotech shall not be held liable for delays or deficiencies caused by the client's failure to fulfil these responsibilities.

4. Intellectual Property

Upon receipt of full and final payment of all outstanding invoices for a project, Brihat Infotech assigns to the client all rights, title, and interest in the custom code, designs, and deliverables created exclusively for that project. Notwithstanding the above, Brihat Infotech retains perpetual, irrevocable ownership of: (a) all pre-existing proprietary tools, libraries, frameworks, components, and methodologies used in or incorporated into the deliverables; (b) general software engineering know-how, processes, and techniques developed independently; (c) open-source components, which remain subject to their respective open-source licences; (d) any tools, templates, or internal systems created during the project that are not specific to the client's business. The client is granted a perpetual, non-exclusive, royalty-free licence to use any retained Brihat Infotech intellectual property that is embedded in the deliverables solely as part of those deliverables. Brihat Infotech reserves the right to reference the existence of the engagement and use non-confidential project details in our portfolio, case studies, and marketing materials, unless the client has requested confidentiality in writing prior to project commencement.

5. Payment Terms

All payment terms are specified in the applicable project agreement or Statement of Work. Unless otherwise agreed in writing: (a) invoices are due and payable within 15 calendar days of the date of issuance; (b) late payments shall accrue interest at the rate of 1.5% per month (18% per annum) on the outstanding balance from the due date until the date of payment; (c) Brihat Infotech reserves the right to suspend or pause all work, access, and deliverables immediately upon any invoice becoming overdue by more than 7 days, without any liability to the client; (d) all disputed invoices must be raised in writing within 7 calendar days of receipt, with specific written justification — failure to raise a dispute within this window constitutes unconditional acceptance of the invoice; (e) all prices are exclusive of applicable taxes including GST, which shall be charged at the prevailing rate; (f) for international clients, payments must be made in the currency specified in the invoice, and any bank charges or wire transfer fees are the responsibility of the client; (g) Brihat Infotech reserves the right to withhold final deliverables, code repositories, or production credentials until all outstanding invoices are fully settled.

6. Change Requests

Any changes to the agreed scope of work, deliverables, timelines, or specifications must be submitted in writing by the client and are subject to Brihat Infotech's review and approval. Brihat Infotech will provide a written Change Request (CR) document detailing the impact of the requested change on timeline, cost, and scope. Work on any change will only commence after the client provides written approval of the CR. Verbal approvals for scope changes are not binding on Brihat Infotech. Requests that materially alter the agreed deliverables may result in revised pricing and timelines at Brihat Infotech's sole discretion.

7. Confidentiality

Both parties agree to maintain strict confidentiality of the other party's proprietary information, technical data, business plans, client lists, pricing, financial information, and project details disclosed in the course of the engagement ('Confidential Information'). Each party agrees not to disclose Confidential Information to any third party without the other party's prior written consent, and to use Confidential Information solely for the purpose of performing obligations under the agreement. This obligation survives the termination or expiry of the engagement for a period of three (3) years. Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without reference to the Confidential Information; (d) is required to be disclosed by applicable law, court order, or government authority, provided that the disclosing party gives the other party prompt written notice to seek a protective order. Brihat Infotech shall execute a separate Non-Disclosure Agreement (NDA) upon request prior to any detailed project discussion.

8. Warranties and Disclaimers

Brihat Infotech warrants that: (a) services will be performed in a professional, competent, and workmanlike manner consistent with industry standards; (b) custom deliverables will materially conform to the specifications documented and agreed upon in the Statement of Work; (c) Brihat Infotech has the full right, power, and authority to enter into and perform its obligations under service agreements; (d) to Brihat Infotech's knowledge, deliverables will not knowingly infringe the intellectual property rights of any third party. EXCEPT AS EXPRESSLY SET OUT IN THIS SECTION, THE WEBSITE AND SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE'. BRIHAT INFOTECH MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BRIHAT INFOTECH DOES NOT WARRANT THAT THE WEBSITE OR ANY DELIVERED SOFTWARE WILL OPERATE UNINTERRUPTED, ERROR-FREE, OR FREE FROM SECURITY VULNERABILITIES AT ALL TIMES.

9. Limitation of Liability

To the fullest extent permitted by applicable law: (a) Brihat Infotech's total cumulative liability to any client for any and all claims arising out of or related to a specific project or engagement shall not exceed the total fees actually paid by the client to Brihat Infotech for that specific project in the twelve (12) months immediately preceding the event giving rise to the claim; (b) in no event shall Brihat Infotech be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of revenue, loss of profits, loss of business, loss of data, loss of goodwill, or business interruption, even if Brihat Infotech has been advised of the possibility of such damages; (c) Brihat Infotech shall not be liable for any delays or failures resulting from circumstances beyond its reasonable control, including but not limited to internet outages, third-party service failures, government action, natural disasters, or the client's failure to fulfil their responsibilities; (d) any claim by the client must be brought within twelve (12) months of the date on which the client became aware (or should have become aware) of the basis for the claim, failing which the claim shall be permanently barred.

10. Indemnification

The client agrees to indemnify, defend, and hold harmless Brihat Infotech, its directors, officers, employees, contractors, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) the client's breach of any provision of these Terms or any project agreement; (b) the client's use of the deliverables in a manner not authorised or outside the agreed scope; (c) any content, data, or materials provided by the client to Brihat Infotech that infringes the intellectual property rights, privacy rights, or other rights of any third party; (d) the client's violation of any applicable law or regulation.

11. Post-Launch Support and Bug Warranty

Unless otherwise specified in the project agreement, Brihat Infotech provides a thirty (30) day post-launch warranty period during which it will fix bugs that are directly attributable to Brihat Infotech's work at no additional cost. This warranty does not cover: (a) issues caused by changes made to the codebase by the client or any third party after handover; (b) issues arising from the client's infrastructure, third-party APIs, or hosting environments not managed by Brihat Infotech; (c) new feature requests or enhancements; (d) issues arising from the client's failure to follow documented operational procedures. After the warranty period, ongoing support is available under a separate support retainer agreement.

12. Termination

Either party may terminate a service agreement by providing thirty (30) days written notice to the other party. Brihat Infotech may terminate any agreement immediately and without notice upon: (a) the client's material breach of these Terms or the project agreement that remains uncured for ten (10) days after written notice from Brihat Infotech; (b) non-payment of any invoice outstanding for more than thirty (30) days; (c) the client becoming insolvent, filing for bankruptcy, or making an assignment for the benefit of creditors; (d) the client engaging in fraudulent, unlawful, or abusive conduct. Upon termination for any reason: (i) the client shall immediately pay all fees for work completed up to the date of termination; (ii) each party shall return or destroy the other's Confidential Information upon request; (iii) Brihat Infotech will provide completed work-in-progress deliverables only upon full payment of all outstanding fees.

13. Force Majeure

Brihat Infotech shall not be liable for any failure or delay in performance of its obligations caused by circumstances beyond its reasonable control, including but not limited to: acts of God, floods, fires, earthquakes, epidemics, pandemics, wars, government restrictions, internet disruptions, power failures, or strikes. Brihat Infotech will notify the client promptly of any such event and will use commercially reasonable efforts to resume performance as soon as practicable.

14. Governing Law and Dispute Resolution

These Terms of Service and all project agreements shall be governed by and construed in accordance with the laws of India. In the event of any dispute, controversy, or claim arising out of or relating to these Terms or any project agreement, the parties agree to first attempt resolution through good-faith negotiations for a period of thirty (30) days. If the dispute remains unresolved after thirty (30) days, it shall be finally settled by arbitration under the Arbitration and Conciliation Act, 1996 (as amended). The seat and venue of arbitration shall be Ranchi, Jharkhand, India. Arbitration proceedings shall be conducted in English by a sole arbitrator mutually appointed by both parties. The arbitral award shall be final and binding on both parties. Notwithstanding the above, Brihat Infotech reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

15. Website Use

You may use our website solely for lawful purposes. You expressly agree not to: (a) use the website in any way that violates applicable local, national, or international laws or regulations; (b) transmit unsolicited or unauthorised advertising or promotional material; (c) attempt to gain unauthorised access to any part of the website, server, or any connected systems or networks; (d) use any automated tools, bots, scrapers, or crawlers to extract, copy, or monitor any content from the website without Brihat Infotech's prior written consent; (e) introduce malicious code, viruses, or any other harmful material into the website; (f) reproduce, duplicate, copy, sell, or exploit any portion of the website without express written permission from Brihat Infotech. Brihat Infotech reserves the right to suspend or terminate access to the website for any user who violates these provisions.

16. Severability and Entire Agreement

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms without affecting the validity or enforceability of the remaining provisions. These Terms, together with any executed project agreement, Statement of Work, or NDA, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior oral or written agreements, representations, and understandings.

17. Contact

For questions about these Terms of Service, contact our legal team at hello@brihatinfotech.com. For general business inquiries, contact hello@brihatinfotech.com. Registered Office: Brihat Infotech, Ranchi, Jharkhand, India. Operations: Noida, Uttar Pradesh, India.

Questions about these terms?

Email us at hello@brihatinfotech.com