These Terms & Conditions (the “Terms”) govern your use of https://creensight.com/ (the “Website”) and any services, service packages or deliverables provided by Creensight Private Limited (CIN U74999GJ2020PTC114611), a private limited company incorporated in 2020 under the Companies Act, 2013 and registered with the Registrar of Companies, Gujarat, with its office in Ahmedabad, Gujarat, India (“Creensight”, “we”, “us” or “our”). “You” or “Client” means the person or organisation using the Website, placing an order or engaging our services.
By accessing the Website, submitting an enquiry, placing an order in our online shop or signing a proposal or statement of work, you agree to these Terms. If you are accepting on behalf of a company or other entity, you confirm that you have authority to bind it. If you do not agree, please do not use the Website or our services.
1. Definitions
- “Services” means the IT and consulting services we provide, including custom software development, web development, mobile app development, cloud solutions and DevOps, artificial intelligence and machine learning, digital marketing and SEO, learning management systems, dedicated developer engagements, maintenance and support.
- “Package” means a fixed-scope service package listed in our online shop and purchased through WooCommerce.
- “Proposal” or “SOW” means a quotation, proposal, statement of work, order form or similar document describing the scope, deliverables, timeline and fees for a specific engagement.
- “Deliverables” means the software, source code, designs, documentation, content, reports and other materials we create specifically for you under a Proposal, SOW or Package.
- “Background IP” means materials, tools, libraries, frameworks, templates, know-how and code that we owned or developed before or independently of an engagement, or that we use across many clients.
- “Client Materials” means content, data, logos, credentials, specifications and other materials you provide to us.
2. Use of the Website
2.1 Permitted use
You may use the Website for lawful purposes, to learn about Creensight, read our articles, contact us and buy Packages. You must not:
- use the Website in any way that breaches applicable law, including the Information Technology Act, 2000;
- attempt to gain unauthorised access to the Website, its servers or databases, or probe, scan or test their vulnerability without our written permission;
- introduce viruses, malware or other harmful code, or carry out denial-of-service attacks;
- scrape the Website in a way that places an unreasonable load on our infrastructure or circumvents technical restrictions;
- submit false, misleading or spam enquiries, or impersonate any person;
- copy, republish or commercially exploit our content except as permitted by these Terms or by law.
Our security tools, including Wordfence, may automatically block IP addresses or requests that appear malicious. We may suspend access to the Website at any time for maintenance, security or legal reasons.
2.2 Website content
Articles, guides, estimates and other content on the Website are provided for general information. They are not professional, legal, financial or technical advice for your specific situation. Please read our Disclaimer.
2.3 Intellectual property in the Website
The Website, including its text, design, layout, graphics, code and the “Creensight” name and logo, is owned by or licensed to Creensight and protected by the Copyright Act, 1957, the Trade Marks Act, 1999 and international treaties. Some images are used under open licences from Wikimedia Commons and remain the property of their authors; they are credited on our Image Credits page. You may view and print pages for your personal or internal business reference. Any other use requires our prior written consent.
3. Enquiries, quotations and proposals
Submitting an enquiry does not create a contract. After a discovery call, we may send you a Proposal or SOW. Unless stated otherwise, a Proposal is valid for 30 days from its date. Estimates, including those produced by the cost estimator on the Website, are indicative only and are not offers. A binding contract for custom Services is formed only when both parties sign the Proposal or SOW, or when you accept it in writing and pay any required advance.
If there is a conflict between these Terms and a signed Proposal, SOW, master services agreement or non-disclosure agreement, the signed document prevails for that engagement.
4. Our Services
4.1 Performance
We will perform the Services with reasonable skill, care and diligence, in accordance with generally accepted industry practices and the scope agreed in the Proposal or SOW. We will assign suitably qualified personnel and, for dedicated developer engagements, the developers you have interviewed and approved, subject to reasonable substitution if a team member becomes unavailable.
4.2 Dedicated developers
Developers hired through a dedicated engagement work exclusively on your project for the hours agreed and communicate with you directly. Progress, tasks and timelines are visible in our tracking system. Our developers work from Creensight’s environment; we do not provide on-site resources unless expressly agreed in writing. You may request additional developers at any time, subject to availability and a revised SOW.
4.3 Your responsibilities
You agree to:
- provide accurate requirements, timely feedback, approvals and access to systems, accounts and Client Materials that we reasonably need;
- appoint a point of contact with authority to make decisions;
- ensure that Client Materials do not infringe third-party rights and that you have the right to share any personal data with us;
- maintain your own backups of data, except where backup services are included in the scope;
- comply with the licence terms of third-party services you choose to use, such as cloud platforms, app stores and payment gateways.
Delays caused by late information, feedback or approvals may extend timelines and, where they cause additional work, may lead to additional fees.
4.4 Change requests
Changes to scope, features or timelines must be requested in writing. We will assess the impact and provide a change estimate. Changes take effect only when both parties approve them in writing.
4.5 Acceptance
Unless the SOW states otherwise, you will have 7 business days after delivery of a milestone to test it and notify us in writing of any material non-conformity with the agreed specification. We will correct confirmed non-conformities within a reasonable time. A milestone is deemed accepted if you do not raise a material non-conformity within that period, or if you use it in production.
4.6 Subcontractors and third-party components
We may use carefully selected subcontractors, remaining responsible for their work. Deliverables may incorporate open-source software and third-party services, which are governed by their own licences. We will tell you about material third-party licences where relevant.
5. Online shop and WooCommerce orders
5.1 Packages
Our online shop lists fixed-scope Packages. Each listing describes what is included, typical timelines and any prerequisites. Images are illustrative. We try to keep descriptions and prices accurate, but errors may occur; if we discover a pricing or description error after you order, we will contact you and you may confirm the order at the correct price or cancel it for a full refund.
5.2 Placing an order
When you place an order, you will receive an automatic order confirmation email. This confirms that we have received your order; it is not acceptance. Our acceptance occurs when we confirm the order and schedule a kick-off, normally within 2 business days. We may decline an order, for example if the Package is not suitable for your requirements, in which case any payment will be refunded in full.
5.3 Account
If you create a customer account, you are responsible for keeping your login credentials confidential and for all activity under your account. Please notify us immediately of any unauthorised use.
5.4 Delivery
Packages are delivered digitally (for example, as files, access to systems, reports or a deployed website). Timelines start after we receive payment and all information listed in the Package description.
6. Fees, invoices and payment
- Prices are stated in Indian Rupees (INR) unless otherwise agreed and are exclusive of Goods and Services Tax (GST) and other applicable taxes, which will be added at the prevailing rate and shown on the invoice. For clients outside India, export of services may be zero-rated where the legal conditions are met.
- Shop orders are payable in full at checkout through the payment gateways offered on the Website. We do not store card or bank details.
- For custom engagements, fees are payable as set out in the SOW, typically as an advance followed by milestone payments or monthly invoices for dedicated developers.
- Invoices are payable within 15 days of the invoice date unless the SOW states otherwise.
- Late payments may attract interest at 1.5% per month or the maximum permitted by law, whichever is lower, and we may suspend work after giving 7 days’ written notice.
- Bank charges, currency conversion fees and withholding taxes are your responsibility. If tax must be withheld, you will provide a valid tax deduction certificate.
Refunds and cancellations are governed by our Refund & Cancellation Policy, which forms part of these Terms.
7. Intellectual property in Deliverables
7.1 Ownership on full payment
Subject to full payment of all fees due for the relevant Deliverables, Creensight assigns to you all rights, title and interest, including copyright, in the Deliverables created specifically for you, including source code, to the fullest extent permitted under Section 18 of the Copyright Act, 1957. Until full payment, we retain ownership and grant you a limited, non-exclusive licence to use the Deliverables for evaluation and testing only.
7.2 Background IP
We retain ownership of our Background IP. To the extent Background IP is incorporated into a Deliverable, we grant you a perpetual, non-exclusive, royalty-free, worldwide licence to use, modify and maintain it as part of that Deliverable. You may not resell Background IP on a standalone basis.
7.3 Open-source and third-party components
Open-source and third-party components remain subject to their own licences, which prevail over this section for those components.
7.4 Client Materials
You retain all rights in Client Materials and grant us a licence to use them solely to provide the Services.
7.5 Portfolio
Unless you tell us otherwise in writing or the work is confidential, we may mention your name and logo and describe the general nature of the work in our portfolio and marketing. We will never disclose confidential information.
8. Confidentiality
Each party will keep confidential all non-public information received from the other party that is marked confidential or would reasonably be understood to be confidential, including source code, business plans, credentials, pricing and personal data. Each party will use such information only to perform its obligations or exercise its rights, and will disclose it only to employees, contractors and advisers who need to know it and are bound by similar obligations.
These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or must be disclosed by law or court order (in which case the receiving party will give prompt notice where lawful). Confidentiality obligations survive for 3 years after the end of the engagement, and indefinitely for source code, trade secrets and personal data.
9. Data protection
Our handling of personal data collected through the Website is described in our Privacy Policy. Where we process personal data on your behalf as part of the Services, we act as your data processor and will process it only on your documented instructions, implement reasonable security safeguards, and assist you in meeting your obligations under the Digital Personal Data Protection Act, 2023 and other applicable laws. A separate data processing agreement may be signed on request.
10. Warranties
We warrant that:
- the Services will be performed with reasonable skill and care;
- for 30 days after acceptance (or any longer period stated in the SOW), the Deliverables will materially conform to the agreed specification, and we will fix reported defects free of charge during that period;
- to our knowledge, the Deliverables created by us will not infringe the intellectual property rights of any third party.
The warranty does not apply to defects caused by modifications made by anyone other than Creensight, misuse, third-party services, hosting environments outside our control, or Client Materials. Except as expressly set out in these Terms, the Website and Services are provided “as is” and we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and uninterrupted or error-free operation. We do not guarantee specific business outcomes such as search rankings, traffic, sales or app store approval, because these depend on factors outside our control.
11. Limitation of liability
To the maximum extent permitted by law:
- neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, business, goodwill or data, even if advised of the possibility of such losses;
- Creensight’s total aggregate liability arising out of or in connection with any engagement, Package or these Terms, whether in contract, tort (including negligence) or otherwise, will not exceed the fees actually paid by you to Creensight for the Services or Package giving rise to the claim in the 12 months before the event giving rise to the claim.
Nothing in these Terms limits liability for fraud, wilful misconduct or any liability that cannot be limited under applicable law.
12. Indemnity
You will indemnify and hold harmless Creensight, its directors, employees and contractors against claims, losses, damages and reasonable legal costs arising from (a) Client Materials, including claims that they infringe third-party rights; (b) your use of the Deliverables in breach of law or these Terms; or (c) your breach of these Terms.
Creensight will indemnify you against third-party claims that Deliverables created by us infringe that third party’s intellectual property rights, provided that you notify us promptly, give us control of the defence and settlement, and cooperate reasonably. If such a claim arises, we may modify the Deliverable so it is non-infringing, obtain a licence for you, or refund the fees paid for the affected Deliverable.
13. Term, suspension and termination
- Either party may terminate an engagement by written notice if the other party materially breaches these Terms or an SOW and does not remedy the breach within 15 days of notice.
- Either party may terminate immediately if the other becomes insolvent, enters liquidation or ceases to carry on business.
- Dedicated developer engagements may be ended by either party with 30 days’ written notice unless the SOW provides otherwise.
- On termination, you will pay for all Services performed and expenses incurred up to the termination date, and we will deliver work completed and paid for. Sections on intellectual property (for paid work), confidentiality, limitation of liability, indemnity and governing law survive termination.
14. Non-solicitation
During an engagement and for 12 months after it ends, you agree not to directly solicit or hire any Creensight employee or contractor who worked on your project without our prior written consent. If you do, you agree to pay a placement fee equal to 3 months of that person’s gross salary or fee with us. General job advertisements that are not targeted at our staff are not a breach.
15. Force majeure
Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, riots, government action, power or internet outages and failures of third-party cloud providers. The affected party will notify the other promptly and use reasonable efforts to resume performance. If the event continues for more than 60 days, either party may terminate the affected engagement by written notice. This does not excuse payment obligations for work already performed.
16. Governing law, dispute resolution and jurisdiction
These Terms and any dispute or claim arising out of or in connection with them, the Website or the Services are governed by the laws of the Republic of India.
The parties will first try to resolve any dispute through good-faith negotiation between senior representatives for 30 days. If the dispute is not resolved, it will be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by mutual agreement. The seat and venue of arbitration will be Ahmedabad, Gujarat, and the proceedings will be conducted in English. The award will be final and binding.
Subject to the arbitration clause, the courts at Ahmedabad, Gujarat will have exclusive jurisdiction, including for interim relief and for matters relating to the arbitration. Nothing prevents either party from seeking urgent injunctive relief to protect its intellectual property or confidential information.
17. General
- Entire agreement: these Terms, together with any signed Proposal, SOW and the policies referred to in them, form the entire agreement between the parties on their subject matter.
- Assignment: you may not assign your rights without our written consent. We may assign our rights to an affiliate or successor business.
- Independent contractors: the parties are independent contractors. Nothing creates a partnership, joint venture or employment relationship.
- Severability: if any provision is held invalid, the remaining provisions remain in force.
- Waiver: a failure to enforce a right is not a waiver of it.
- Notices: notices must be in writing and sent by email to the addresses the parties have designated, with notices to us sent to [email protected].
- Electronic records: these Terms are an electronic record under the Information Technology Act, 2000 and do not require a physical or digital signature.
18. Changes to these Terms
We may update these Terms from time to time. The version in force when you place an order or sign an SOW applies to that order or engagement. Continued use of the Website after changes are published constitutes acceptance of the updated Terms.
19. Contact us
For questions about these Terms, please contact Creensight Private Limited (CIN U74999GJ2020PTC114611):
- Company: Creensight Private Limited
- CIN: U74999GJ2020PTC114611
- Registered with: Registrar of Companies, Gujarat (Ministry of Corporate Affairs, Government of India)
- Office: Ahmedabad, Gujarat, India
- Email: [email protected]
- Website: https://creensight.com/