1. Definitions
- “Client” means any individual or entity using or purchasing our services.
- “Services” refers to software development, IoT solutions, cloud services, data analytics, and digital marketing provided by Fittonia.
- “Agreement” these Terms together with any proposal, quote, or statement of work (SOW).
- “Deliverables” the tangible outputs—code, reports, dashboards, campaigns—provided to the Client.
2. Scope of Services
Fittonia will perform the Services and deliver Deliverables as detailed in the SOW. Services may include:
- Custom software design, development, testing, and deployment.
- IoT device integration, firmware updates, and cloud connectivity.
- Cloud architecture, migration, DevOps pipeline setup, and managed support.
- Data analytics implementation: ETL, dashboards, ML models.
- Digital marketing: PPC, SEO, social campaigns, and performance reporting.
3. Fees & Payment
- Fees are specified in the SOW or proposal. A non-refundable 50% deposit is due upon signing.
- Balance payments are due upon milestone completion as defined in the SOW.
- For ongoing services (e.g., support, marketing), monthly invoices are due net 15 days.
- Late payments incur interest at 1.5% per month.
- All amounts exclude applicable taxes, duties, and levies.
4. Client Responsibilities
- Provide timely access to systems, data, and personnel required for Services.
- Ensure valid licenses for third-party software or platforms.
- Review and provide feedback on Deliverables within 7 business days.
5. Intellectual Property
Fittonia retains ownership of all pre‑existing IP, methodologies, and proprietary tools. Upon full payment, Client is granted a non‑exclusive license to use the custom Deliverables for internal business purposes.
Fittonia may showcase non‑confidential Deliverables in its portfolio and marketing materials.
6. Confidentiality
Both parties agree to keep confidential all proprietary information shared. Obligations survive for three years post-termination.
7. Warranties & Disclaimers
- Fittonia warrants Services will be performed professionally and in accordance with industry standards.
- All other warranties, express or implied, including merchantability or fitness for a particular purpose, are disclaimed.
8. Limitation of Liability
Fittonia’s total liability under this Agreement shall not exceed the total fees paid by Client in the preceding 12 months, and neither party is liable for indirect or consequential damages.
9. Termination
- Either party may terminate for material breach if uncured within 30 days’ notice.
- Client may cancel ongoing services with 30 days’ notice; pro-rata refunds apply.
- Upon termination, Client pays for all work performed and expenses incurred.
10. Governing Law & Dispute Resolution
This Agreement is governed by Indian law. Disputes shall be resolved by arbitration in Indore under the Arbitration and Conciliation Act, 1996.
11. Amendments
Fittonia may update these Terms; changes will be posted here with a “Last Updated” date. Continued use implies acceptance.