Terms & Conditions

Last updated: December 2024

1. Acceptance of Terms

By accessing and using the services provided by Lotus service by DANISH ("Company," "we," "our," or "us"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our services.

2. Description of Services

Lotus service provides comprehensive IT services including but not limited to:

  • Web and mobile application development
  • Cloud computing and DevOps solutions
  • Business process automation and integrations
  • Cybersecurity and compliance services
  • Data analytics and business intelligence
  • Managed IT support and consulting

3. Service Agreements

3.1 Project Scope

All services will be provided according to the specific terms outlined in individual service agreements or project proposals. Any changes to the scope of work must be agreed upon in writing by both parties.

3.2 Timeline and Deliverables

Project timelines and deliverables will be specified in the service agreement. While we strive to meet all deadlines, delays may occur due to factors beyond our control, including but not limited to client feedback delays, third-party dependencies, or technical complexities.

4. Payment Terms

4.1 Pricing and Invoicing

Service pricing will be as agreed upon in the service agreement. Invoices will be issued according to the payment schedule specified in the agreement. All prices are exclusive of applicable taxes unless otherwise stated.

4.2 Payment Methods

We accept payments through bank transfers, online payment gateways, and other methods as agreed upon. Payment terms are typically net 15 days unless otherwise specified.

4.3 Late Payments

Late payments may incur interest charges at a rate of 1.5% per month or the maximum rate allowed by law, whichever is lower. We reserve the right to suspend services for accounts with outstanding balances.

5. Intellectual Property Rights

5.1 Client Materials

You retain ownership of all materials, content, and intellectual property that you provide to us. You grant us a limited license to use such materials solely for the purpose of providing our services.

5.2 Work Product

Upon full payment, you will own the work product created specifically for your project, excluding any pre-existing intellectual property, third-party components, or general methodologies used in the development process.

5.3 Our Intellectual Property

We retain ownership of our proprietary tools, methodologies, frameworks, and general knowledge. These remain our intellectual property and may be used in other projects.

6. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary and confidential information disclosed during the course of our business relationship. This obligation survives the termination of our services.

7. Data Security and Privacy

We implement appropriate security measures to protect your data. However, you acknowledge that no system is completely secure, and we cannot guarantee absolute security. Our data practices are governed by our Privacy Policy.

8. Limitation of Liability

To the maximum extent permitted by law, our liability for any claims arising from our services shall not exceed the total amount paid by you for the specific service giving rise to the claim. We shall not be liable for any indirect, incidental, special, or consequential damages.

9. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

10. Service Level Commitments

10.1 Uptime and Availability

For managed services, we commit to maintaining 99.9% uptime, excluding scheduled maintenance windows and circumstances beyond our control.

10.2 Support Response Times

We will respond to support requests within the timeframes specified in the service agreement, typically within 24 hours for standard requests and 4 hours for critical issues.

11. Termination

11.1 Termination by Client

You may terminate our services with 30 days written notice. You will be responsible for payment of all work completed up to the termination date.

11.2 Termination by Company

We may terminate our services immediately if you breach these Terms, fail to make payments, or engage in activities that compromise the security or integrity of our systems.

12. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, or technical failures.

13. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of India. Any disputes arising from these Terms or our services shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 2015.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with any service agreements, constitute the entire agreement between you and Lotus service regarding the use of our services.

17. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

Lotus service by DANISH
Building trust through reliable IT services