Terms and Conditions

Welcome to PerceptionVita Technology Private Limited

PerceptionVita Technology Private Limited ("Company," "we," "us," or "our") operates the website perceptionvita.com and provides software development, web development, mobile application development, digital marketing, IT consulting, and related technology services ("Services"). These Terms and Conditions ("Terms," "Agreement") govern your use of our Services and constitute a legally binding agreement between you ("Client," "Customer," "User," or "you") and PerceptionVita Technology Private Limited.

1. DEFINITIONS AND INTERPRETATIONS

2. ACCEPTANCE AND MODIFICATION OF TERMS

2.1 Acceptance: By accessing our website, requesting a quote, signing a proposal, making a payment, or otherwise engaging our services, you explicitly agree to these Terms. If you do not agree with any part of these Terms, you must immediately discontinue use of our services.

2.2 Capacity to Contract: You represent that you are at least 18 years old and have the legal capacity to enter into this Agreement. If you are acting on behalf of an organization, you warrant that you have the authority to bind that organization to these Terms.

2.3 Modification Rights: We reserve the right to modify these Terms at any time without prior notice. Changes will be effective immediately upon posting on our website. Your continued use of our services after any modification constitutes acceptance of the revised Terms.

2.4 Precedence: In case of conflicts between these Terms and project-specific agreements, the project-specific terms shall prevail for that particular project only.

3. COMPREHENSIVE SCOPE OF SERVICES

3.2 Service Customization: All services are customizable based on client requirements. Detailed project scopes, specifications, and deliverables will be outlined in individual proposals or statements of work.

3.3 Service Availability: Services are subject to our current capacity, technical feasibility, and business priorities. We reserve the right to decline projects that fall outside our expertise or violate our policies.

3.4 Technology Stack: We utilize industry-standard technologies and frameworks. Specific technology choices will be made based on project requirements and may be subject to our technical recommendations.

4. DETAILED CLIENT RESPONSIBILITIES AND OBLIGATIONS

4.2 Communication and Feedback:

• Respond to project communications within 48-72 hours during business days
• Provide clear, specific, and actionable feedback on deliverables
• Attend scheduled meetings and project review sessions
• Designate a primary point of contact for project coordination
• Notify us immediately of any changes in project requirements or priorities

4.3 Technical Cooperation:

• Provide necessary access credentials for hosting accounts, domains, and third-party services
• Ensure hosting environments meet minimum technical requirements
• Coordinate with internal IT teams for integrations and deployments
• Provide testing environments and data when required
• Install and configure necessary software or plugins as recommended

4.4 Legal and Compliance:

• Ensure all business operations and content comply with applicable laws and regulations
• Obtain necessary business licenses and permits for their operations
• Comply with data protection and privacy laws (GDPR, CCPA, etc.)
• Maintain appropriate insurance coverage for their business operations
• Indemnify PerceptionVita against any legal issues arising from their content or business practices

5. PROJECT MANAGEMENT AND TIMELINES

5.1 Project Initiation:

• Projects commence only after receipt and clearance of the advance payment (minimum 50%)
• Signed project proposal or statement of work is required before project initiation
• Project kick-off meeting will be scheduled within 3-5 business days of payment clearance
• Detailed project timeline and milestones will be established during kick-off

5.2 Timeline Management:

• Estimated timelines are provided in good faith based on project scope and current workload
• Timelines may be affected by client feedback delays, content provision delays, or scope changes
• Force majeure events, technical issues, or third-party service disruptions may impact timelines
• Timeline extensions due to client delays may result in additional costs
• Rush delivery requests (completion in less than standard timeline) will incur additional charges

5.3 Project Phases and Milestones:

• Projects are divided into logical phases with specific deliverables and approval points
• Each phase must be approved before proceeding to the next phase
• Milestone payments are tied to phase completions and approvals
• Significant changes during any phase may require scope and timeline adjustments

5.4 Quality Assurance:

• All deliverables undergo internal quality checks before client presentation
• Clients have a specified review period for each deliverable (typically 5-7 business days)
• Minor revisions and bug fixes are included within each phase
• Major changes or additional features may be treated as separate change requests

6. COMPREHENSIVE PAYMENT TERMS AND CONDITIONS

6.1 Advance Payment Requirements:

• Minimum 50% advance payment required for all projects before work begins
• For projects over ₹5,00,000: 40% advance, with remaining 60% in predetermined milestones
• For projects under ₹50,000: 100% payment may be required upfront
• Advance payments are non-refundable once project work has commenced
• Payment must clear completely before any project activities begin

6.2 Milestone Payment Structure:

• Remaining payments divided into logical project milestones
• Each milestone payment due within 7 days of milestone completion and client approval
• Work on subsequent phases will not commence until current milestone payment is received
• Final payment (typically 20-25%) due before final delivery and handover

6.3 Payment Methods and Processing:

• Accepted payment methods: Bank transfer, UPI, credit/debit cards, checks
• International clients: Wire transfer, PayPal, Stripe (additional processing fees may apply)
• All payments subject to applicable taxes and government levies
• Payment processing time: 1-3 business days for domestic, 3-7 days for international
• Currency: All Indian clients billed in INR; international clients may be billed in USD

6.4 Late Payment Consequences:

6.5 Additional Cost Scenarios:

• Scope changes and additional features billed separately at current rates
• Rush delivery requests: 25-50% surcharge depending on timeline compression
• Extended support beyond included period billed at hourly rates
• Third-party service costs (hosting, APIs, licenses) passed through at cost
• Travel expenses for on-site work billed separately

7. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

7.1 Pre-Payment IP Retention:

• All work products, code, designs, and deliverables remain property of PerceptionVita until full payment
• Client receives limited license to review and test deliverables during development
• No source code, design files, or proprietary materials transferred before final payment
• Incomplete projects due to non-payment result in forfeiture of all IP rights

7.2 Post-Payment IP Transfer:

• Upon full payment, ownership of custom-developed code and designs transfers to client
• Transfer includes source code, design files, documentation, and implementation guides
• Client receives perpetual, worldwide license to use, modify, and distribute delivered solutions
• PerceptionVita retains right to use general methodologies, techniques, and know-how

7.3 Third-Party and Pre-Existing IP:

• Third-party frameworks, libraries, and tools remain property of their respective owners
• Client responsible for obtaining necessary licenses for third-party components
• PerceptionVita's pre-existing IP, tools, and frameworks remain our property
• Open-source components subject to their respective license terms

7.4 Portfolio and Marketing Rights:

• PerceptionVita reserves right to showcase completed projects in portfolio and marketing materials
• Client may request confidentiality for sensitive projects (additional terms may apply)
• Screenshots, case studies, and project descriptions may be used for promotional purposes
• Client logos and trademarks used only with explicit permission

8. CONFIDENTIALITY AND NON-DISCLOSURE

8.1 Mutual Confidentiality:

• Both parties agree to maintain strict confidentiality of proprietary and sensitive information
• Confidential information includes business plans, technical specifications, customer data, and trade secrets
• Confidentiality obligations survive project completion and contract termination
• Disclosure permitted only with written consent or as required by law

8.2 Data Protection and Security:

• Client data handled in accordance with applicable privacy laws and regulations
• Appropriate technical and organizational measures implemented to protect data
• Data processed only for purposes of service delivery
• Data retention policies applied according to legal requirements and business needs
• Data breach notification procedures in place as per regulatory requirements

8.3 Employee and Contractor Obligations:

• All PerceptionVita employees and contractors bound by confidentiality agreements
• Access to client information limited to personnel directly involved in project delivery
• Regular training on data protection and confidentiality best practices
• Monitoring and audit procedures in place to ensure compliance

9. PROHIBITED ACTIVITIES AND LEGAL COMPLIANCE

9.2 Content Responsibility:

• Clients solely responsible for all content published on their platforms
• Must ensure content complies with applicable laws, regulations, and industry standards
• Required to maintain appropriate content moderation and monitoring
• Responsible for obtaining necessary permissions for use of third-party content
• Must implement appropriate age verification where required

9.3 Regulatory Compliance:

• Clients must comply with all applicable industry regulations (HIPAA, PCI-DSS, etc.)
• Obtain necessary licenses and permits for their business operations
• Implement required privacy policies, terms of service, and legal notices
• Maintain compliance with accessibility standards (WCAG, ADA) where applicable
• Adhere to international data transfer and localization requirements

9.4 Immediate Termination Rights:

• PerceptionVita reserves right to immediately terminate services for prohibited activities
• No refunds or compensation provided for termination due to policy violations
• Legal action may be pursued for severe violations or illegal activities
• Cooperation with law enforcement agencies when required

10. WARRANTIES, DISCLAIMERS, AND LIMITATIONS

10.1 Service Warranties:

• Services performed with professional skill and care according to industry standards
• Deliverables will materially conform to agreed specifications
• Work will be free from material defects for 30 days post-delivery
• Bug fixes and corrections provided at no additional cost during warranty period

10.2 Disclaimer of Warranties:

10.3 Third-Party Services:

• No warranties provided for third-party services, APIs, or platforms
• Client responsible for evaluating and accepting third-party terms
• Changes to third-party services may affect project functionality
• Additional costs may apply for third-party service modifications

10.4 Performance and Availability:

• Website and application performance subject to hosting environment and traffic loads
• No guarantees provided for specific performance metrics unless explicitly agreed
• Search engine rankings and SEO results not guaranteed
• Social media engagement and marketing results not guaranteed

11. LIABILITY LIMITATIONS AND INDEMNIFICATION

11.1 Limitation of Liability:

11.2 Specific Exclusions:

• Lost profits, revenue, or business opportunities
• Data loss or corruption (clients responsible for backups)
• Third-party service failures or interruptions
• Security breaches due to client negligence
• Costs of substitute services or products
• Business interruption or downtime costs

11.3 Client Indemnification:

• Client agrees to indemnify PerceptionVita against claims arising from client content
• Protection against intellectual property infringement claims
• Coverage for legal issues related to client's business practices
• Defense against claims related to client's use of delivered solutions

11.4 Insurance and Risk Management:

• PerceptionVita maintains professional liability insurance
• Clients advised to maintain appropriate business insurance
• Regular security assessments and updates performed
• Backup and disaster recovery procedures in place

12. COMPREHENSIVE MAINTENANCE AND SUPPORT

12.1 Included Support:

• 30-day post-launch bug fix and correction period
• Basic technical support via email during business hours
• Minor content updates and corrections (limited scope)
• Critical security patches and updates
• Basic hosting and deployment support

12.2 Extended Maintenance Services:

• Monthly maintenance packages available with priority support
• Regular security updates and monitoring
• Performance optimization and monitoring
• Content management and updates
• Backup management and disaster recovery
• Analytics and reporting services

12.3 Support Response Times:

• Critical Issues: 4-8 hours response time
• High Priority: 24-48 hours response time
• Medium Priority: 2-3 business days response time
• Low Priority: 5-7 business days response time
• Enhancement Requests: Quote provided within 3-5 business days

12.4 Post-Launch Modifications:

• All post-launch changes billed at current hourly rates
• Minimum billing increment of 30 minutes for small changes
• Major modifications may require separate project agreements
• Change requests documented and approved before implementation
• Emergency changes may incur premium rates

13. FORCE MAJEURE AND BUSINESS CONTINUITY

13.1 Force Majeure Events:

• Natural disasters, earthquakes, floods, fires, or severe weather
• Government actions, regulations, or legal restrictions
• Wars, terrorism, civil unrest, or political instability
• Pandemics, epidemics, or public health emergencies
• Labor strikes, lockouts, or workforce shortages
• Internet outages, cyber attacks, or infrastructure failures
• Supplier failures or critical resource unavailability

13.2 Force Majeure Procedures:

• Immediate notification to clients of any force majeure events
• Assessment of impact on project timelines and deliverables
• Development of alternative solutions and workarounds where possible
• Regular updates on situation status and expected resolution
• Fair adjustment of timelines and costs due to delays

13.3 Business Continuity Measures:

• Remote work capabilities and distributed team structure
• Cloud-based development environments and collaboration tools
• Multiple data centers and backup systems
• Emergency communication protocols and contact procedures
• Alternative service providers and vendor relationships
• Regular testing of disaster recovery procedures

14. TERMINATION AND SUSPENSION POLICIES

14.1 Client Termination Rights:

• Client may terminate project with 30 days written notice
• Payment due for all work completed up to termination date
• Partial refund of advance payment for uncompleted work (minus 25% administrative fee)
• All work products delivered up to termination point
• Final invoicing and project closure within 15 days of termination

14.2 PerceptionVita Termination Rights:

• Immediate termination for non-payment exceeding 30 days
• Termination for material breach of contract terms
• Termination for illegal activities or policy violations
• Termination for abusive behavior towards staff
• Termination for providing false or misleading information
• No refunds provided for justified terminations

14.3 Project Suspension Scenarios:

• Non-payment of milestone payments (automatic suspension)
• Lack of client feedback or communication for 15+ days
• Waiting for client-provided materials or information
• Technical dependencies on third-party services
• Legal or regulatory issues requiring resolution
• Resource constraints or capacity limitations

14.4 Post-Termination Obligations:

• Return or destruction of confidential client information
• Transfer of completed work products (if payments current)
• Assistance with transition to new service provider (billable)
• Final accounting and settlement of all outstanding amounts
• Continued confidentiality obligations

15. DISPUTE RESOLUTION AND LEGAL PROCEDURES

15.1 Initial Dispute Resolution:

• Good faith negotiation required before formal legal action
• Written notice of dispute with specific details and proposed resolutions
• 30-day period for informal resolution discussions
• Senior management involvement in resolution process
• Documentation of all resolution attempts and communications

15.2 Mediation and Arbitration:

• Binding mediation through recognized mediation services
• Arbitration under Indian Arbitration and Conciliation Act, 2015
• Single arbitrator mutually agreed upon by both parties
• Arbitration proceedings conducted in English language
• Arbitration venue: New Delhi, India
• Expedited procedures for disputes under ₹10,00,000

15.3 Legal Jurisdiction and Governing Law:

15.4 Enforcement and Collection:

• Right to pursue legal remedies for unpaid invoices
• Recovery of legal fees and court costs for successful collection actions
• Right to engage collection agencies for outstanding debts
• Reporting of non-payment to credit agencies where applicable
• Injunctive relief available for intellectual property violations

16. PRIVACY POLICY AND DATA HANDLING

16.1 Data Collection and Processing:

• Collection limited to data necessary for service provision
• Processing in accordance with stated purposes and legal basis
• Implementation of data minimization principles
• Regular review and purging of unnecessary data
• Consent obtained where required by applicable law

16.2 Data Security Measures:

• Industry-standard encryption for data transmission and storage
• Multi-factor authentication for system access
• Regular security audits and vulnerability assessments
• Employee training on data protection and security protocols
• Incident response procedures for data breaches
• Secure backup and disaster recovery systems

16.3 International Data Transfers:

• Data transfers comply with applicable international regulations
• Appropriate safeguards implemented for cross-border transfers
• Data localization requirements respected where applicable
• Third-party processors vetted for data protection compliance

16.4 Client Rights and Controls:

• Right to access and review personal data held
• Right to request correction of inaccurate data
• Right to request deletion of data where legally permissible
• Right to data portability in structured formats
• Right to object to certain processing activities
• Clear procedures for exercising these rights

17. ACCESSIBILITY AND COMPLIANCE STANDARDS

17.1 Web Accessibility:

• Basic WCAG 2.1 Level AA compliance included in standard development
• Semantic HTML structure and proper heading hierarchy
• Alternative text for images and multimedia content
• Keyboard navigation and screen reader compatibility
• Color contrast and visual accessibility considerations
• Advanced accessibility features available as add-on services

17.2 Industry-Specific Compliance:

• Healthcare: HIPAA compliance assessment and implementation
• Financial: PCI-DSS compliance for payment processing
• Education: FERPA and COPPA compliance where applicable
• Government: Section 508 and accessibility requirements
• International: GDPR, CCPA, and other privacy regulations

17.3 Quality Assurance Standards:

• Cross-browser compatibility testing (Chrome, Firefox, Safari, Edge)
• Mobile responsiveness across various device sizes
• Performance optimization and page speed testing
• SEO best practices and search engine optimization
• Security vulnerability scanning and penetration testing
• Code quality reviews and documentation standards

18. SUBCONTRACTING AND THIRD-PARTY SERVICES

18.1 Subcontracting Rights:

• PerceptionVita may engage qualified subcontractors for specialized services
• All subcontractors bound by equivalent confidentiality and quality standards
• Client notification provided for significant subcontracting arrangements
• Direct oversight and quality control maintained over subcontracted work
• Full responsibility retained for all deliverables regardless of subcontracting

18.2 Third-Party Service Integration:

• Integration with popular platforms and services (Stripe, PayPal, AWS, etc.)
• Client responsible for third-party service accounts and fees
• Assistance provided with setup and configuration
• Ongoing support subject to third-party service availability
• Updates may be required due to third-party API changes

18.3 Vendor Management:

• Careful vetting of all third-party service providers
• Regular review of vendor performance and compliance
• Backup vendor relationships for critical services
• Contractual protections and liability limitations with vendors
• Client consultation on major vendor selections

19. COMMUNICATION AND PROJECT COORDINATION

19.1 Communication Channels:

• Primary: Email communication with dedicated project email addresses
• Secondary: Phone calls and video conferences for complex discussions
• Project Management: Dedicated project management tools and portals
• Emergency: 24/7 emergency contact for critical issues
• Formal: Written communication for all major decisions and approvals

19.2 Meeting and Review Schedules:

• Weekly status calls during active development phases
• Bi-weekly progress reviews with stakeholders
• Milestone review meetings for approvals and feedback
• Ad-hoc meetings for urgent issues or major decisions
• Final delivery and handover sessions
• Post-launch review and lessons learned sessions

19.3 Documentation and Reporting:

• Detailed project specifications and requirements documentation
• Regular progress reports with timeline and milestone updates
• Technical documentation for all developed solutions
• User manuals and training materials
• Final project reports and delivery documentation
• Maintenance and support documentation

19.4 Stakeholder Management:

• Clear identification of project stakeholders and decision makers
• Defined approval processes and authorization levels
• Regular stakeholder updates and communication
• Conflict resolution procedures for stakeholder disagreements
• Change management processes for stakeholder requests

20. MARKETING AND PROMOTIONAL ACTIVITIES

20.1 Digital Marketing Services:

• Search Engine Optimization (SEO) and content marketing
• Pay-per-click (PPC) advertising management
• Social media marketing and community management
• Email marketing campaigns and automation
• Content creation and copywriting services
• Analytics and performance tracking

20.2 Marketing Performance and Results:

20.3 Marketing Ethics and Compliance:

• Adherence to platform-specific advertising policies (Google, Facebook, etc.)
• Compliance with anti-spam laws and email marketing regulations
• Honest and transparent advertising practices
• Respect for competitor intellectual property and trademarks
• Data privacy compliance in marketing activities

20.4 Content and Creative Rights:

• Original content creation with full client ownership upon payment
• Stock photography and media licensing fees separate
• Client approval required for all public-facing content
• Brand guidelines and style guide adherence
• Content revision and approval processes

21. EMERGENCY PROCEDURES AND INCIDENT RESPONSE

21.1 Emergency Contact Procedures:

• 24/7 emergency hotline for critical system failures
• Escalation procedures with response time commitments
• Emergency contact information for key personnel
• Clear definition of what constitutes an emergency situation
• Alternative communication methods during outages

21.2 Incident Classification and Response:

• Critical: Complete system failure, security breach, data loss
• High: Major functionality broken, performance severely degraded
• Medium: Minor functionality issues, cosmetic problems
• Low: Enhancement requests, documentation updates

21.3 Business Continuity Planning:

• Regular backup procedures and data recovery testing
• Redundant systems and failover procedures
• Alternative work locations and remote access capabilities
• Emergency communication plans and contact trees
• Vendor and supplier contingency arrangements

22. TRAINING AND KNOWLEDGE TRANSFER

22.1 User Training Services:

• Comprehensive training on delivered systems and applications
• User manual creation and documentation
• Video tutorials and step-by-step guides
• Live training sessions and workshops
• Administrator and power user training programs
• Ongoing training support and updates

22.2 Knowledge Transfer Process:

• Technical documentation for all developed systems
• Code comments and architectural documentation
• Database schema and data flow documentation
• Deployment and maintenance procedures
• Troubleshooting guides and FAQ sections
• Handover sessions with client technical teams

22.3 Ongoing Education and Support:

• Regular updates on new features and capabilities
• Best practices sharing and optimization recommendations
• Industry trend updates and technology roadmaps
• Access to knowledge base and resource libraries
• Consultation on system upgrades and enhancements

23. ENVIRONMENTAL AND SOCIAL RESPONSIBILITY

23.1 Environmental Considerations:

• Green hosting and energy-efficient infrastructure recommendations
• Code optimization for reduced server resource consumption
• Paperless documentation and communication processes
• Remote work policies to reduce carbon footprint
• Sustainable technology choices and vendor selection

23.2 Social Responsibility:

• Equal opportunity employment and diversity initiatives
• Community involvement and local charity support
• Ethical business practices and fair labor standards
• Support for small businesses and startups
• Knowledge sharing and open source contributions

23.3 Accessibility and Inclusion:

• Web accessibility standards implementation
• Inclusive design principles and user experience
• Support for assistive technologies
• Multi-language and localization support
• Cultural sensitivity in design and content

24. UPDATES AND AMENDMENTS

24.1 Terms Update Process:

• Regular review and update of terms and conditions
• Client notification of material changes via email
• 30-day notice period for significant modifications
• Version control and change tracking for all updates
• Historical versions available for reference

24.2 Legal and Regulatory Updates:

• Compliance with new laws and regulations
• Industry standard updates and best practices
• Technology evolution and security enhancements
• Client feedback incorporation and improvements
• Legal counsel review and validation

24.3 Communication of Changes:

• Email notifications to all active clients
• Website posting of updated terms
• Highlighting of significant changes and impacts
• Opportunity for client questions and clarifications
• Implementation timeline and effective dates

25. CONTACT INFORMATION AND SUPPORT

26. FINAL PROVISIONS

26.1 Entire Agreement:

These Terms and Conditions, together with any project-specific agreements, proposals, and statements of work, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements relating to the subject matter.

26.2 Severability:

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of the Terms shall remain in full force and effect.

26.3 Waiver:

No waiver of any term or condition shall be deemed a continuing waiver of such term or condition or any other term or condition. Failure to enforce any provision shall not constitute a waiver of such provision or any other provision.

26.4 Assignment:

Clients may not assign or transfer their rights or obligations under this Agreement without prior written consent from PerceptionVita. PerceptionVita may assign this Agreement in connection with a merger, acquisition, or sale of assets.

26.5 Survival:

Provisions relating to payment, intellectual property, confidentiality, liability limitations, and dispute resolution shall survive termination of this Agreement.