Terms of Service
Effective Date: 08 August 2024
1 – Acceptance of Terms
These Terms of Service (“Terms”) constitute a binding agreement between you (“Client”, “you”) and Accha Ventures (“Accha Ventures”, “we”, “us”, “our”).
By accessing our website or engaging us for services, you confirm that you have read, understood, and agree to these Terms. If you do not agree, do not use the site or our services.
You represent that you are of the age of majority and authorized to enter into these Terms on behalf of yourself or your organization.
2 – Definitions
“Services” means our professional services including discovery, design, software development, integrations, deployment, and related consulting.
“SOW” (Statement of Work) means a document or proposal describing scope, deliverables, milestones, assumptions, and commercial terms for specific Services.
“Deliverables” means work products described in an SOW (e.g., source code, designs, documentation) provided upon payment of applicable fees.
2a – Website & Service Changes
Any new features or tools added to the website or Services are subject to these Terms.
3 – Scope & Statements of Work
All Services are custom and provided on a project basis. The scope, deliverables, dependencies, and timelines will be set out in an SOW or accepted proposal.
If there is a conflict between these Terms and an SOW, the SOW prevails for that engagement.
4 – Fees, Invoicing & Payments
Fees are as specified in the SOW. Unless otherwise stated, fees are exclusive of applicable taxes, which you will pay.
Invoices are typically raised per milestone or time-and-materials. You agree to pay invoices by the due date stated on the invoice.
We may charge reasonable interest or late fees on overdue amounts as permitted by law. We may suspend or delay work for non-payment.
Payment links or gateways used are provided by third-party processors; we do not store card details. Refund handling is governed by our Refund Policy.
5 – Changes & Out-of-Scope Work
Change requests (features, scope, timelines) must be documented and approved in writing (e.g., change request or change order). Changes may affect fees, milestones, and delivery dates.
Work not expressly included in the SOW is out of scope and will be estimated and billed separately.
6 – Client Responsibilities
You will provide timely access to stakeholders, information, systems, and approvals necessary to perform the Services.
You will ensure that materials you supply (data, content, trademarks) do not infringe third-party rights and that you have all permissions required.
Delays in inputs, feedback, or access may extend timelines and increase cost.
7 – Intellectual Property & License
Unless otherwise stated in the SOW, upon full payment of all amounts due for a milestone, we assign to you all right, title, and interest in the Deliverables for that milestone (excluding our pre-existing IP, tools, templates, and know-how).
We retain ownership of our pre-existing IP and general know-how. To the extent such elements are embedded in Deliverables, we grant you a perpetual, worldwide, non-exclusive license to use them as part of the Deliverables.
We may reference your name and non-confidential project descriptions for portfolio or marketing purposes unless you object in writing.
8 – Confidentiality
Each party may receive confidential information of the other. The receiving party will use such information only to perform under these Terms/SOW and will protect it using reasonable safeguards.
Confidentiality obligations do not apply to information that is or becomes public (through no fault of the receiving party), was known without restriction, was independently developed, or is required to be disclosed by law (with notice where lawful).
9 – Data Protection & Security
We implement reasonable technical and organizational measures to protect personal data processed during the engagement.
If the Services involve processing personal data on your behalf, the parties may execute additional data protection terms if required by law.
You are responsible for your own systems’ security, credentials, and access controls.
10 – Acceptable Use
You agree not to use the website or Services to violate law, infringe rights, transmit malicious code, attempt to gain unauthorized access, or interfere with others’ use.
You will not use the Services for prohibited or high-risk categories under applicable payment gateway or banking rules.
11 – Third-Party Services & Open Source
We may integrate third-party services or libraries as required by the project. Your use of third-party services is subject to their terms and privacy policies.
Open-source components (if used) are licensed under their respective licenses. We will follow license obligations customary for professional software development.
12 – Warranties & Disclaimers
We warrant that we will perform the Services with reasonable skill and care consistent with industry practice.
Except as expressly stated, the Services and Deliverables are provided “as is”. We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
You are responsible for validating Deliverables in your environment and for production operations unless otherwise agreed in the SOW.
13 – Acceptance
Deliverables are subject to acceptance testing as set out in the SOW. If no acceptance process is defined, a Deliverable is deemed accepted on the earlier of (a) written acceptance, or (b) 7 days after delivery if no material issues are reported with reproducible details.
Reported issues will be addressed in good faith in line with the SOW.
13a – Delivery & Handover
On each accepted milestone, we will provide handover materials as applicable, which may include source code repositories, build artifacts, credentials and access details (where appropriate), deployment instructions, and documentation.
Intellectual property transfer for Deliverables occurs upon full payment in accordance with Section 7. We may suspend access or delivery for non‑payment. You are responsible for changing credentials post‑handover and for ongoing operations unless otherwise agreed in the SOW.
14 – Limitation of Liability
To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, savings, data, or business interruption.
Except for (i) your payment obligations; (ii) infringement or misappropriation of the other party’s IP; or (iii) breach of confidentiality, each party’s aggregate liability under these Terms and any SOW will not exceed the fees paid or payable by you to us for the specific SOW giving rise to the claim in the 6 months preceding the claim.
15 – Indemnity
You agree to indemnify and hold harmless Accha Ventures, its officers, employees, and agents from claims arising from (a) your breach of these Terms or an SOW; (b) materials you supply; or (c) your misuse of the Deliverables.
We will indemnify you for claims that Deliverables, as provided by us and used per the SOW, infringe third-party IP rights in India, provided you promptly notify us and allow us to control the defense.
16 – Term, Suspension & Termination
These Terms apply to your website use at all times and to each SOW during its term.
Either party may terminate an SOW for material breach not cured within 10 days of written notice. You may also terminate for convenience before a milestone begins by paying for work completed and committed costs.
We may suspend Services for non-payment or security concerns. Sections that by their nature should survive (including fees due, IP, confidentiality, disclaimers, limitations, and indemnities) will survive termination.
17 – Non-Solicitation (Optional)
For 6 months after an engagement, you will not directly solicit employment of our assigned personnel without our prior written consent. This does not restrict general job postings not targeted at our personnel.
18 – Governing Law & Jurisdiction
These Terms and any SOW are governed by the laws of India. Courts in Maharashtra shall have exclusive jurisdiction, subject to any mandatory arbitration or dispute resolution set out in an SOW.
19 – Changes to These Terms
We may update these Terms from time to time. Changes take effect upon posting on this page. Material changes will be highlighted. Your continued use of the website or Services after changes signifies acceptance.
20 – Contact
Accha Ventures
Email: rhutik@acchaventures.com
Registered Address: Near Jama Masjid, Rajura, Dist. Chandrapur- 442905
For questions about these Terms or to send notices, contact us at the email above.