Terms & Conditions
Your agreement with us — read before engaging our services
1. Acceptance of Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client", "User", or "you") and ChronoSparkSolutions ("Company", "we", "us", or "our"), a software development and IT solutions company, registered at Santhipuram, Kuppam, Chittoor District, Andhra Pradesh — 517425, India.
By accessing or using our website (chronosparksolutions.com), submitting an enquiry, signing a service agreement, or engaging us for any IT or software development service, you acknowledge that:
- You have read, understood, and agree to be bound by these Terms.
- You are at least 18 years of age and have the legal capacity to enter into a binding contract under the Indian Contract Act, 1872.
- If you are engaging on behalf of a company, you have the authority to bind that entity.
If you do not agree to any part of these Terms, you must not use our website or engage our services. These Terms apply in addition to any specific Service Level Agreement (SLA) or Master Service Agreement (MSA) signed between us.
2. Definitions
For clarity, the following terms shall have the meanings ascribed below throughout this Agreement:
- "Services" — Custom software development, web application design, mobile app development, cloud deployment, UI/UX design, IT consulting, API integration, and related technical services offered by ChronoSparkSolutions.
- "Deliverables" — Any software, source code, design assets, documentation, prototypes, databases, or other work products created by us under a service engagement.
- "Client" — Any individual, company, or entity that contracts or otherwise engages ChronoSparkSolutions for services.
- "SLA/MSA" — A signed Service Level Agreement or Master Service Agreement that governs the specific terms of a project engagement.
- "Intellectual Property" — All patents, copyrights, trademarks, trade secrets, source code, designs, and other proprietary rights.
- "Confidential Information" — Any non-public information disclosed during the engagement, including business strategy, technical architecture, client data, and financial terms.
- "Third-Party Services" — Tools, APIs, libraries, cloud platforms, or software licensed from external vendors used in delivering our Services.
3. Scope of Services
ChronoSparkSolutions provides the following primary services:
- Custom web application and SaaS platform development (React, Next.js, Node.js, Laravel, and related stacks)
- Mobile application development (Android, iOS, cross-platform Flutter/React Native)
- Cloud infrastructure setup, deployment, and management (AWS, GCP, Azure, VPS)
- UI/UX design, wireframing, prototyping, and design system development
- API development, integration, and microservices architecture
- E-commerce platform development and payment gateway integration
- IT consulting, code audits, performance optimization, and legacy system modernization
- Ongoing maintenance, support retainers, and version control management
The exact scope, milestones, timelines, technology stack, and acceptance criteria for each project are defined in the mutually signed SLA or project proposal. In case of any conflict between these Terms and a specific SLA, the SLA shall prevail with respect to project-specific matters.
We reserve the right to decline or terminate service engagements that violate any law, ethical guideline, or our internal policies.
4. Intellectual Property Rights
All intellectual property rights in and to Deliverables created under a paid engagement are governed as follows:
A. Client-Owned Deliverables (Post Full Payment):
Upon receipt of full payment for a project, and unless otherwise agreed in the SLA, the Client receives a full assignment of copyright in the custom Deliverables (including source code, design assets, and documentation) produced specifically for that project. This is consistent with Section 17 and Section 19 of the Copyright Act, 1957.
B. Company-Retained Rights:
- ChronoSparkSolutions retains all rights to its proprietary frameworks, boilerplates, libraries, internal tools, and pre-existing code ("Background IP") that may be incorporated into Deliverables.
- The Client is granted a perpetual, royalty-free license to use such Background IP solely within the scope of the delivered project.
- ChronoSparkSolutions retains the right to display completed projects in its portfolio unless expressly restricted by a signed NDA.
C. Third-Party Licenses:
Projects may incorporate open-source libraries or third-party APIs. The Client is responsible for compliance with the respective licenses (MIT, Apache, GPL, etc.) of any third-party components included in the Deliverables.
D. Trademarks & Branding:
The name "ChronoSparkSolutions", our logo, and associated branding are the exclusive intellectual property of ChronoSparkSolutions. Unauthorized use is prohibited under the Trade Marks Act, 1999.
5. Fees, Payments & Billing
All payments are subject to the following terms:
- Project Pricing: Quoted on a fixed-price or time-and-materials basis as detailed in the project proposal/SLA. All prices are in Indian Rupees (INR) unless otherwise specified.
- Payment Milestones: Projects are typically billed in milestone installments (e.g., 30% on kickoff, 40% on mid-delivery, 30% on final delivery). The specific schedule is defined in the SLA.
- Advance Payment: A non-refundable kickoff deposit (minimum 25-50% of the project value) is required before development commences.
- GST: All applicable Goods and Services Tax (GST) under the CGST Act 2017 and IGST Act 2017 will be charged as required. Our GSTIN will be provided on all tax invoices.
- Payment Methods: Bank transfer (NEFT/RTGS/IMPS/UPI), Razorpay, PayU, or other methods specified in the invoice.
- Due Date: Invoices are due within 7 business days of issuance unless otherwise agreed.
- Late Payments: Overdue amounts attract a late fee of 1.5% per month (18% per annum) on the outstanding balance, in addition to any reasonable recovery costs.
- Delivery Hold: We reserve the right to withhold Deliverables or pause work if payment milestones are missed beyond a grace period of 7 days.
6. Client Obligations & Responsibilities
To ensure successful project delivery, the Client agrees to:
- Provide accurate, complete, and timely project requirements, content, assets, and feedback as requested.
- Appoint a single point of contact for project communications and approvals with authority to make decisions.
- Review and approve or reject milestone deliverables within the timeframes stipulated in the SLA (typically 5-7 business days). Silence beyond this period may be deemed acceptance.
- Ensure that all content, trademarks, images, data, or materials provided to us do not infringe third-party intellectual property rights and are legally cleared for use.
- Maintain the confidentiality of any system credentials, API keys, or access tokens shared during the engagement.
- Not use our services for any unlawful, unethical, or fraudulent purpose.
- Comply with all applicable laws regarding the operation of your business or platform built using our Deliverables.
Delays caused by the Client's failure to provide timely feedback, content, or approvals shall not constitute a breach by ChronoSparkSolutions, and may result in revised delivery timelines and/or additional charges.
7. Confidentiality & Non-Disclosure
Both parties agree to maintain strict confidentiality regarding all non-public information exchanged during the engagement, including business plans, technical architectures, pricing, source code, client databases, and operational data.
Confidentiality obligations under these Terms:
- Remain in effect during the project period and for 3 years after project completion unless a separate NDA specifies a longer period.
- Do not apply to information that is publicly available, independently developed, or required to be disclosed by law or court order.
- Are enforceable under the Indian Contract Act, 1872 and may give rise to claims for breach of contract and injunctive relief.
For projects requiring stricter confidentiality (e.g., fintech, health tech), a separate NDA will be executed prior to project commencement.
8. Acceptable Use & Prohibited Activities
You agree not to use our website or services to:
- Violate any applicable local, state, national, or international law or regulation, including the IT Act 2000, IPC, PMLA, or any other applicable statute.
- Develop software intended for illegal gambling, online fraud, phishing, hacking, spamming, malware distribution, or any cyber crime as defined under the IT Act 2000 and its amendments.
- Create platforms that facilitate terrorism, incitement to violence, trafficking, or child sexual abuse material (CSAM) — violations of IPC, POCSO Act, and UAPA.
- Impersonate any person or entity or misrepresent your identity or affiliations.
- Attempt to gain unauthorized access to our systems, client data, or infrastructure.
- Transmit unsolicited commercial communications (spam) in violation of applicable law.
- Use our services to build platforms that violate any data protection or consumer rights law.
Any violation of this section will result in immediate termination of services without refund, and may be reported to law enforcement authorities.
9. Warranties & Disclaimers
Our Warranties:
- We warrant that the Services will be performed in a professional and workmanlike manner, consistent with industry standards.
- We provide a 30-day post-delivery warranty for bug fixes arising from our code. Any defects reported within 30 days of final delivery will be remediated at no additional cost, provided they arise from our work and not from client modifications or third-party service changes.
- We warrant that, to the best of our knowledge, Deliverables created by us do not infringe third-party intellectual property rights.
Disclaimers:
- Our website and informational content are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, express or implied.
- We do not warrant that our website will be uninterrupted, error-free, or free from viruses or harmful components.
- We do not guarantee any specific business outcomes, revenues, traffic, or conversion rates from software delivered.
- Third-party services (APIs, hosting, payment gateways) are subject to their respective providers' uptime commitments and terms.
10. Limitation of Liability
To the maximum extent permitted by applicable law, including the Indian Contract Act, 1872 and the Consumer Protection Act, 2019:
- ChronoSparkSolutions shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, loss of data, business interruption, or loss of goodwill, even if advised of the possibility of such damages.
- Our aggregate liability for direct damages arising out of or related to a specific project shall not exceed the total fees actually paid by the Client for that project in the preceding 12 months.
- We are not liable for delays or failures caused by Force Majeure events (see Section 14), Client delays, third-party service outages, or causes beyond our reasonable control.
- We are not responsible for errors or issues arising from Client modifications to our Deliverables made without our involvement.
Nothing in these Terms shall limit or exclude liability for fraud, willful misconduct, gross negligence, or any liability that cannot be excluded under applicable consumer protection law.
11. Termination of Engagement
Termination by Client:
The Client may terminate a project engagement by providing a minimum of 14 days written notice. Upon termination, the Client shall pay for all work completed up to the termination date, based on the milestone structure or time-and-materials rate. The kickoff deposit is non-refundable (see Refund Policy).
Termination by ChronoSparkSolutions:
We may suspend or terminate services immediately if:
- The Client breaches any material term of these Terms or the SLA.
- Payment is overdue by more than 14 days and no remedy is effected after notice.
- The project violates any law or is used for unlawful or unethical purposes.
- The Client becomes insolvent, is subject to insolvency proceedings, or ceases to operate.
Effect of Termination:
Upon termination, all work-in-progress Deliverables will be handed over after settlement of all outstanding dues. IP rights transfer only upon full payment. Each party's confidentiality obligations survive termination.
12. Governing Law & Jurisdiction
These Terms and all engagements with ChronoSparkSolutions are governed by and construed in accordance with the laws of the Republic of India, including:
- The Indian Contract Act, 1872
- The Information Technology Act, 2000
- The Copyright Act, 1957
- The Consumer Protection Act, 2019
- Goods and Services Tax laws (CGST/IGST/SGST Acts)
- Any other applicable Indian statutes
Any legal action or proceeding arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Chittoor District, Andhra Pradesh, India (or the nearest competent court with jurisdiction over Kuppam). Both parties consent to personal jurisdiction in such courts.
13. Dispute Resolution & Arbitration
In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties agree to resolve it through the following escalation process:
- Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation within 15 business days of written notice of the dispute.
- Mediation: If negotiation fails, the parties may agree to submit the dispute to a mutually agreed mediator within 30 days. Mediation costs shall be shared equally.
- Arbitration: If mediation fails or is not agreed upon, the dispute shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996, as amended. The arbitration shall be conducted by a sole arbitrator in Kuppam, Andhra Pradesh. The language of arbitration shall be English. The arbitral award shall be final and binding.
Notwithstanding the above, either party may seek emergency injunctive relief from a competent court to prevent irreparable harm.
14. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to:
- Natural disasters, floods, earthquakes, or extreme weather events
- Acts of war, terrorism, civil unrest, or government actions
- Pandemics, epidemics, or public health emergencies (including COVID-19 or successor events)
- Nationwide internet outages, power grid failures, or cyber attacks on critical infrastructure
- Strikes, labor disputes, or supply chain disruptions outside the party's control
- Government orders, sanctions, or court injunctions
The affected party shall provide prompt written notice to the other party and shall use commercially reasonable efforts to resume performance as soon as practicable. If a force majeure event continues for more than 60 days, either party may terminate the affected engagement with written notice, with a fair settlement of completed work.
15. Amendments to These Terms
We reserve the right to amend these Terms at any time. Any changes will be communicated by updating the "Last Updated" date on this page and, where material, by providing notice via email or a prominent website notice at least 15 days before the changes take effect for active clients.
Your continued use of our website or engagement of our services after the effective date of any changes constitutes your acceptance of the revised Terms.
We recommend reviewing these Terms periodically. If you have any questions, please contact us at legal@chronosparksolutions.com.
16. Contact & Legal Notices
All legal notices, correspondence, or formal communications under these Terms must be addressed to:
ChronoSparkSolutions
Address: Santhipuram, Kuppam, Chittoor District, Andhra Pradesh — 517425, India
Email: legal@chronosparksolutions.com
General Inquiries: info@chronosparksolutions.com
Phone: +91 81848 92304
Business Hours: Monday–Saturday, 9:00 AM – 6:00 PM IST
Notices sent by email are deemed received on the same business day if sent before 6:00 PM IST on a business day, or on the next business day thereafter. Notices sent by registered post shall be deemed received 5 business days after posting.
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Venkatesh Rao
Operations Lead at Kuppam AgriTech
"ChronoSparkSolutions delivered our Next.js transaction portal ahead of schedule. The code standard is flawless."
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