The terms that govern your use of our website and engagement of our services.
Last updated: January 1, 2025
Please read these Terms of Service carefully before using our website or engaging Ethersofts for any services. These Terms form a legally binding agreement between you and Ethersofts Technologies. If you are entering into these Terms on behalf of a company or organisation, you represent that you have the authority to bind that entity.
By accessing ethersofts.com or engaging Ethersofts Technologies ("Ethersofts", "we", "us", "our") for services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our website or services.
These Terms apply to all visitors to our website and to all clients who engage our services. For client engagements, a separate project agreement or Statement of Work ("SOW") will govern the specific terms of that engagement. In the event of a conflict between these Terms and a signed project agreement, the project agreement takes precedence.
Ethersofts provides technology services including but not limited to: custom software development, web development, mobile application development, blockchain and smart contract development, cloud and DevOps services, AI and data solutions, and digital marketing services.
The scope, timeline, deliverables, and pricing for each engagement are defined in a project proposal or Statement of Work agreed upon in writing before work begins. We do not begin billable work without written confirmation of scope and terms.
Any changes to agreed scope ("change requests") must be submitted in writing. We will provide an updated estimate for time and cost before proceeding with any out-of-scope work. Work performed outside the agreed scope without written approval is not billable.
Successful project delivery depends on timely input from clients. You agree to provide required materials, feedback, approvals, and access credentials within the timeframes agreed in the project schedule. Delays caused by late client input may extend project timelines and, where significant, may result in revised pricing.
You are responsible for providing accurate and complete information about your project requirements, business context, and technical environment. Ethersofts is not liable for issues arising from inaccurate or incomplete information provided by the client.
Where your project requires access to third-party platforms, APIs, or services, you are responsible for obtaining and maintaining those accounts and licences. You must ensure you have the right to use any materials, data, or content you provide to us.
You are responsible for ensuring that your use of the software or systems we build complies with all applicable laws and regulations in your jurisdiction, including data protection, financial regulations, and industry-specific requirements.
Upon receipt of full payment, Ethersofts assigns to the client full ownership of all custom code, designs, and deliverables created specifically for that engagement ("Work Product"). You will own the code and intellectual property of what we build for you.
Ethersofts retains ownership of any pre-existing tools, frameworks, libraries, templates, or methodologies used in delivering your project ("Background IP"). Where Background IP is incorporated into your deliverables, we grant you a perpetual, non-exclusive licence to use it as part of the delivered product.
Projects may include open-source software components subject to their respective licences (e.g. MIT, Apache 2.0). We will disclose the use of open-source components and their licences. Your use of these components is governed by the applicable open-source licence terms.
Unless agreed otherwise in writing, Ethersofts reserves the right to reference the existence of a client engagement in our portfolio, marketing materials, and case studies. We will not disclose confidential business details without your explicit consent.
Project pricing is agreed in writing before work begins, as detailed in the project proposal or SOW. All prices are in the currency specified in the proposal (USD or INR unless otherwise stated).
Standard payment terms are: 50% upfront before project commencement, and 50% upon final delivery. For larger projects, a milestone-based payment schedule will be defined in the SOW. Retainer and ongoing maintenance engagements are billed monthly in advance.
Invoices are due within 14 days of issue unless otherwise agreed. Late payments may result in a suspension of work until the outstanding balance is settled. We reserve the right to charge interest on overdue amounts at 1.5% per month.
We do not offer refunds for work already completed and delivered. If a project is cancelled by the client after work has begun, you are liable for payment for all work completed up to the cancellation date. The upfront payment is non-refundable.
Both parties agree to keep confidential any proprietary or sensitive information shared during the course of an engagement ("Confidential Information"). This includes business strategies, technical architectures, client data, and pricing.
Confidential Information shall not be disclosed to third parties without the disclosing party's written consent, except as required by law. This obligation survives the termination of the engagement for a period of 3 years.
Where a formal Non-Disclosure Agreement (NDA) is required, we are happy to sign one prior to sharing sensitive project details.
We provide a 30-day bug warranty period after final delivery. During this period, we will fix any bugs or defects in the delivered code at no additional cost, provided the issues are not caused by modifications made by the client or third parties after delivery.
Beyond the 30-day bug warranty, software is delivered "as-is" for the scope agreed. We do not warrant that the software will be error-free indefinitely, or that it will be compatible with future third-party updates, platforms, or operating system versions.
Post-warranty maintenance, support, and feature development are available under a separate support retainer agreement. We strongly recommend a maintenance retainer for production systems.
To the maximum extent permitted by applicable law, Ethersofts shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business, or goodwill, arising from or in connection with our services or these Terms.
Our total aggregate liability to you for any claim arising out of or relating to these Terms or our services shall not exceed the total amount paid by you to Ethersofts for the specific engagement giving rise to the claim in the 6 months preceding the claim.
These limitations apply regardless of the legal theory on which the claim is based (contract, tort, negligence, or otherwise) and even if Ethersofts has been advised of the possibility of such damages.
You may terminate an engagement at any time with written notice. You will be invoiced for all work completed up to the termination date. The upfront payment is non-refundable.
We may terminate an engagement with 14 days' written notice if: the client materially breaches these Terms or the project agreement, invoices remain unpaid beyond 30 days of the due date, or the project becomes technically or legally infeasible due to circumstances beyond our control.
Upon termination, each party will return or securely destroy the other's Confidential Information. Ethersofts will deliver all completed work product to the client upon receipt of payment for work completed to date.
These Terms are governed by and construed in accordance with the laws of India. Any disputes arising under these Terms shall first be attempted to be resolved through good-faith negotiation between the parties.
If a dispute cannot be resolved through negotiation within 30 days, it shall be submitted to binding arbitration in Mohali, Punjab, India, under the rules of the Arbitration and Conciliation Act, 1996. The language of arbitration shall be English.
For international clients (including those based in Canada, the United States, or the United Kingdom), we aim to resolve disputes amicably and will work in good faith to find practical solutions regardless of jurisdiction.
You may use ethersofts.com for lawful purposes only. You must not use our website to transmit spam, malicious code, or any content that is unlawful, defamatory, or infringes third-party rights.
Automated scraping, crawling, or harvesting of content from ethersofts.com without our written permission is prohibited.
We aim to keep our website available but do not guarantee uninterrupted access. We may perform maintenance, updates, or take the site offline without prior notice.
We may update these Terms from time to time. When we make material changes, we will update the "Last Updated" date. Continued use of our website or services after updated Terms are posted constitutes your acceptance of the changes. For active client engagements, material changes to Terms will be communicated directly.
For any questions about these Terms of Service, please contact us:
Sky Tower, Phase 8A, Sector 75, Mohali, Punjab — 140307, India Email: [email protected] Phone: +91-7889231378