Terms & Conditions

Last Updated: October 9, 2024

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and LOTUS GLOBAL PRIVATE LIMITED ("Company," "we," "our," or "us") regarding your use of our website lotusglobal.shop and IT services.

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

2. Description of Services

LOTUS GLOBAL PRIVATE LIMITED provides comprehensive IT services including:

• Custom software development
• Web development and design
• Mobile application development
• Cloud solutions and DevOps
• UI/UX design services
• IT consulting and strategy
• Technical support and maintenance

3. Service Agreements

3.1 Project Scope

All services will be provided according to a mutually agreed Statement of Work (SOW) or Service Agreement that defines:

• Project scope and deliverables
• Timeline and milestones
• Payment terms and schedule
• Technical specifications
• Acceptance criteria

3.2 Changes to Scope

Any changes to the agreed scope must be documented in writing and may result in additional charges and timeline adjustments.

4. Payment Terms

4.1 Fees and Charges

Service fees will be as specified in the relevant Service Agreement. All fees are exclusive of applicable taxes unless otherwise stated.

4.2 Payment Schedule

Payment terms will be specified in each Service Agreement. Typical payment structures include:

• Milestone-based payments
• Monthly recurring fees
• Upfront payments for smaller projects
• Time and materials billing

4.3 Late Payments

Late payments may incur interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

5. Intellectual Property Rights

5.1 Client-Owned IP

Upon full payment, clients will own the intellectual property rights to custom-developed software and content created specifically for their project, subject to our retained rights in:

• Pre-existing intellectual property
• General methodologies and know-how
• Reusable code components and frameworks

5.2 Third-Party Components

Projects may include third-party software, libraries, or components subject to their respective licenses. Clients are responsible for compliance with such licenses.

5.3 Company IP

LOTUS GLOBAL retains all rights to our proprietary methodologies, tools, templates, and general knowledge developed independently of client projects.

6. Confidentiality

Both parties agree to maintain confidentiality of:

• Proprietary business information
• Technical specifications and source code
• Financial information
• Strategic plans and objectives
• Any information marked as confidential

This confidentiality obligation survives termination of our agreement and continues for a period of 5 years.

7. Warranties and Disclaimers

7.1 Service Warranty

We warrant that our services will be performed with professional skill and care in accordance with industry standards.

7.2 Software Warranty

Custom software will be free from material defects for a period of 90 days from delivery. We will correct any defects at no additional charge during this period.

7.3 Disclaimer

EXCEPT AS EXPRESSLY STATED, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability shall not exceed the amount paid by the client for the specific service giving rise to the claim
• We shall not be liable for indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for loss of profits, data, or business interruption
• Claims must be brought within one year of the event giving rise to the claim

9. Client Responsibilities

Clients are responsible for:

• Providing accurate and complete project requirements
• Timely review and approval of deliverables
• Providing necessary access to systems and data
• Maintaining backup copies of important data
• Compliance with applicable laws and regulations
• Obtaining necessary licenses for third-party software

10. Termination

10.1 Termination for Convenience

Either party may terminate a service agreement with 30 days written notice. Client will pay for all work completed up to the termination date.

10.2 Termination for Cause

Either party may terminate immediately for material breach that remains uncured for 15 days after written notice.

10.3 Effect of Termination

Upon termination:

• All outstanding payments become immediately due
• Each party will return confidential information
• Provisions regarding IP, confidentiality, and liability survive

11. Force Majeure

Neither party shall be liable for delays or failures in performance due to circumstances beyond their reasonable control, including but not limited to natural disasters, government actions, pandemics, or infrastructure failures.

12. Website Use

12.1 Permitted Use

You may use our website for legitimate business purposes in accordance with these Terms.

12.2 Prohibited Activities

You may not:

• Use the website for illegal purposes
• Attempt to gain unauthorized access to our systems
• Interfere with website functionality
• Copy or reproduce website content without permission
• Use automated tools to access the website

13. Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

14. Indemnification

Client agrees to indemnify and hold harmless LOTUS GLOBAL from claims arising from:

• Client's use of our services
• Client's violation of these Terms
• Client's infringement of third-party rights
• Content provided by Client

15. Dispute Resolution

15.1 Negotiation

Parties will first attempt to resolve disputes through good-faith negotiation.

15.2 Mediation

If negotiation fails, disputes will be submitted to mediation before a mutually agreed mediator.

15.3 Arbitration

Unresolved disputes will be settled through binding arbitration in Mumbai, Maharashtra, under Indian Arbitration and Conciliation Act, 2015.

16. Governing Law

These Terms are governed by the laws of India. The courts of Mumbai, Maharashtra have exclusive jurisdiction over any legal proceedings.

17. Modifications

We may modify these Terms at any time by posting updated terms on our website. Continued use of our services after modifications constitutes acceptance of the new terms.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms, together with any Service Agreements and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

20. Contact Information

For questions about these Terms, please contact us:

By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.