Terms & Conditions
Last updated: October 9, 2024
Welcome to LOTUS ENTERPRISES. These Terms and Conditions ("Terms") govern your use of our website and services. By accessing our website or engaging our services, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing and using the services provided by LOTUS ENTERPRISES, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
2. Company Information
LOTUS ENTERPRISES
Address: 5/192, DATTAGURU CHAWL, SHIVAJI NAGAR MAROL PIPELINE, ANDHERI-EAST, Mumbai, Maharashtra, 400059
Phone: +91 9001384584
Email: contact@lotusenterprise.shop
3. Services Description
LOTUS ENTERPRISES provides IT solutions and services including but not limited to:
- Custom Software Development
- Web Development and Design
- Mobile Application Development
- Cloud Computing and DevOps Services
- UI/UX Design Services
- IT Consulting and Strategy
- System Integration and Maintenance
4. Service Agreement and Scope
4.1 Project Scope
The specific scope of work, deliverables, timelines, and costs for each project will be defined in a separate Statement of Work (SOW) or Service Agreement that references these Terms.
4.2 Changes to Scope
Any changes to the agreed project scope must be documented in writing and approved by both parties. Additional charges may apply for scope changes.
5. Payment Terms
5.1 Payment Schedule
Payment terms will be specified in the individual project agreement. Generally, LOTUS ENTERPRISES follows a milestone-based payment structure.
5.2 Late Payments
Late payments may incur additional charges as specified in the project agreement. LOTUS ENTERPRISES reserves the right to suspend services for overdue payments.
5.3 Taxes
All prices are exclusive of applicable taxes unless otherwise stated. The client is responsible for any applicable taxes.
6. Intellectual Property Rights
6.1 Client-Owned IP
Upon full payment, the client will own the intellectual property rights to custom-developed software and solutions, subject to any third-party licenses.
6.2 LOTUS-Owned IP
LOTUS ENTERPRISES retains ownership of its pre-existing intellectual property, methodologies, tools, and general knowledge used in providing services.
6.3 Third-Party IP
Any third-party software, libraries, or components used in the project remain the property of their respective owners and are subject to their licensing terms.
7. Confidentiality
LOTUS ENTERPRISES agrees to maintain the confidentiality of all client information and data. We will not disclose, use, or reproduce confidential information except as necessary to provide the agreed services.
8. Data Protection and Security
LOTUS ENTERPRISES implements appropriate technical and organizational measures to protect client data. However, the client is responsible for maintaining backups of their data and systems.
9. Warranties and Disclaimers
9.1 Service Warranty
LOTUS ENTERPRISES warrants that services will be performed in a professional manner consistent with industry standards.
9.2 Software Warranty
We provide a warranty period for custom-developed software as specified in the project agreement, during which we will fix bugs and defects at no additional cost.
9.3 Disclaimer
Except as expressly stated, all services are provided "as is" without warranties of any kind, either express or implied.
10. Limitation of Liability
LOTUS ENTERPRISES' total liability for any claims arising from our services shall not exceed the total amount paid by the client for the specific project. We shall not be liable for any indirect, incidental, or consequential damages.
11. Force Majeure
LOTUS ENTERPRISES shall not be liable for any delay or failure to perform due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, or technical failures.
12. Termination
12.1 Termination by Client
The client may terminate services with written notice. Payment for work completed up to the termination date will be due.
12.2 Termination by LOTUS
LOTUS ENTERPRISES may terminate services for non-payment, breach of terms, or other material violations with appropriate notice.
13. Support and Maintenance
Post-delivery support and maintenance services are available under separate agreements. The terms and costs for ongoing support will be specified in dedicated support agreements.
14. Compliance and Legal Requirements
Both parties agree to comply with all applicable laws and regulations. The client is responsible for ensuring their requirements comply with relevant industry standards and legal requirements.
15. Communication and Project Management
LOTUS ENTERPRISES will provide regular project updates and maintain open communication channels. The client agrees to provide timely feedback and approvals as required for project progress.
16. Quality Assurance
All deliverables will undergo appropriate quality assurance testing. The client will have a reasonable period to review and approve deliverables before final acceptance.
17. Dispute Resolution
Any disputes arising from these terms or our services shall be resolved through good faith negotiations. If resolution cannot be achieved, disputes shall be subject to the jurisdiction of Mumbai, Maharashtra courts.
18. Governing Law
These Terms shall be governed by and construed in accordance with the laws of India. Any legal proceedings shall be conducted in Mumbai, Maharashtra.
19. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
20. Modifications
LOTUS ENTERPRISES reserves the right to modify these Terms at any time. Updated terms will be posted on our website with the revision date. Continued use of our services constitutes acceptance of modified terms.
21. Entire Agreement
These Terms, together with any specific project agreements, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.
22. Contact Information
For questions about these Terms or our services, please contact:
LOTUS ENTERPRISES
Address:
5/192, DATTAGURU CHAWL
SHIVAJI NAGAR MAROL PIPELINE
ANDHERI-EAST, Mumbai
Maharashtra, 400059, India
Phone: +91 9001384584
Email: contact@lotusenterprise.shop
Acknowledgment
By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with these terms, please discontinue use of our services immediately.