These Terms & Conditions (“Agreement”) govern the access to and use of services provided by Pkeri Technologies Private Limited (“Pkeri”, “Company”, “we”, “our”, or “us”) by any client, customer, or authorized user (“Client”, “you”, or “your”).
By accessing the Pkeri website, engaging Pkeri for services, executing any proposal, statement of work, service agreement, or making any payment to Pkeri, this Agreement shall apply and shall govern the contractual relationship between Pkeri and the Client with respect to all services provided.
This Agreement sets forth the terms governing service delivery, payment obligations, intellectual property rights, confidentiality, limitation of liability, and other legal rights and obligations applicable to the parties.
Pkeri provides engineering-led digital product and IT services as agreed in writing through proposals, contracts, statements of work (SOW), or service agreements.
Any work requested outside the agreed scope will require a written change request, revised estimate, or a new agreement. Pkeri is not obligated to perform out-of-scope work without written approval.
Delays caused by incomplete inputs, unclear instructions, or lack of feedback may impact project timelines and costs, for which Pkeri shall not be liable.
Pkeri does not guarantee the availability of any specific individual unless contractually agreed.
The Client is granted a non-exclusive, non-transferable license to use Pkeri’s pre-existing materials only as part of the final deliverable.
Pkeri will make commercially reasonable efforts to meet agreed timelines.
Deliverables include only the revisions explicitly mentioned in the agreement. Any additional revisions, feature changes, or scope expansions will be treated as a change request and billed separately.
Both parties agree to maintain the confidentiality of all proprietary, technical, financial, and business information exchanged during the engagement. Confidentiality obligations survive termination of the Agreement, except where disclosure is required by law.
Pkeri follows modern engineering and agile development practices and communicates via agreed channels such as email, project tools, video calls, or messaging platforms.
Any post-delivery support, maintenance, monitoring, upgrades, or enhancements shall be provided only if expressly agreed in writing under a separate support or maintenance agreement.
Pkeri shall not be responsible for issues arising from third-party services, infrastructure changes, unauthorized access, or modifications made by the Client or any third party after delivery.
If the Client requests Pkeri to store, manage, or maintain any source code or data post-handover, such services shall be governed by a separate written agreement and may involve additional fees.
Resumption of services after prolonged inactivity may require a revised agreement, updated commercial terms, and availability of resources at Pkeri’s discretion.
The Client shall be responsible for reviewing, testing, and validating deliverables within the agreed acceptance period.
Deployment to production environments shall occur only after final acceptance and settlement of all outstanding payments.
Post-acceptance changes, enhancements, or fixes outside the warranty scope shall be treated as new billable work.
Unless expressly agreed otherwise in writing, Pkeri provides a limited warranty period of thirty (30) days from the date of deployment.
During this period, Pkeri shall correct reproducible defects that materially deviate from agreed specifications, provided such defects are reported in writing.
Pkeri does not warrant uninterrupted operation, error-free performance, or commercial outcomes of any deliverable.
During the term of the engagement and for twelve (12) months following its termination or completion, the Client agrees not to:
Any breach of this clause may result in injunctive relief, financial damages, or other remedies available under applicable law.
Either party may terminate this Agreement by providing written notice if the other party commits a material breach and fails to remedy such breach within the cure period specified in the applicable agreement, or within thirty (30) days where no cure period is defined.
This Agreement shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
Any dispute, claim, or controversy arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the competent courts located in [Insert City & State], India.
Nothing in this clause shall restrict Pkeri’s right to seek injunctive or equitable relief in any jurisdiction where such relief is necessary to protect its intellectual property, confidential information, or business interests.
Pkeri reserves the right to amend, modify, or update these Terms & Conditions, including related policies such as the Privacy Policy, at its discretion.
Updated terms shall be effective upon publication on the Pkeri website or upon written notification, as applicable.
Continued engagement of services, execution of new work, or ongoing use of Pkeri platforms after such updates shall constitute acknowledgment that the revised terms govern the relationship.
The Client agrees to use Pkeri services solely for lawful purposes and in compliance with all applicable laws, regulations, and contractual obligations.
The Client assumes full responsibility for all activities conducted using Pkeri services and shall be liable for any consequences arising from misuse.
The Client shall not use Pkeri services, infrastructure, platforms, or systems to send, transmit, or facilitate unsolicited bulk messages, promotional communications, or commercial advertisements in violation of applicable anti-spam laws and regulations.
Pkeri maintains a zero-tolerance policy toward spam and abusive messaging practices. Any verified violation may result in immediate suspension or termination of services without prior notice.
The Client shall be solely responsible for any penalties, claims, damages, or costs arising from such violations and agrees to indemnify Pkeri against any related liabilities.
The Client retains full responsibility for all content created, uploaded, processed, or distributed through Pkeri services. Pkeri does not monitor or validate Client content and shall not be liable for such content.
The Client agrees not to attempt, directly or indirectly, to gain unauthorized access to Pkeri systems, networks, codebases, or data.
Any such activity may result in immediate suspension, termination, and legal action. Pkeri reserves the right to cooperate with law enforcement or regulatory authorities where required.
Use of Pkeri infrastructure, systems, or technical resources shall remain within the limits defined in the applicable agreement or project scope.
Excessive, abnormal, or disruptive use of bandwidth, storage, or computing resources that adversely impacts Pkeri systems or other clients may result in:
Pkeri shall not be liable for any impact caused by the enforcement of fair use controls.
Pkeri reserves the right to suspend or disable access to services, in whole or in part, with immediate effect if the Client’s actions:
Suspension shall not relieve the Client of any outstanding payment obligations or accrued liabilities.
The Client agrees to indemnify, defend, and hold harmless Pkeri, its affiliates, directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:
This obligation shall survive termination of the Agreement.
Pkeri may rely on third-party service providers, including hosting providers, cloud platforms, payment gateways, and communication tools.
Pkeri shall not be responsible for service interruptions, delays, data loss, or failures caused by third-party providers beyond its reasonable control. Coordination or support provided in such cases does not constitute acceptance of liability.
This Agreement constitutes the entire understanding between Pkeri and the Client concerning the subject matter hereof and supersedes all prior or contemporaneous agreements, communications, or representations, whether written or oral.
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