Terms & Conditions

1. Acceptance of terms

By accessing this website, requesting a quotation, approving a proposal or instructing us to begin work, you agree to the applicable terms. Electronic approvals and communications may be used to document project decisions, subject to applicable law.

2. Eligibility and authority to contract

By using this website or engaging our services, you confirm that you are at least 18 years old or are accessing this website under the supervision of a parent or guardian, and that you have the legal capacity to be bound by these terms. Where you act on behalf of a company, firm, proprietorship or other entity, you confirm that you have the actual or apparent authority to bind that entity to these terms and any related project document. If we reasonably believe a person lacks the required capacity or authority, we may decline, pause or unwind the affected engagement.

3. Services and project scope

We provide services including web development, custom software, product design, AI automation, computer vision, integrations and technical consulting. Exact deliverables, timeline, assumptions, exclusions, support period and acceptance criteria will be described in the relevant proposal or statement of work.

• Requests outside the agreed scope may require a revised estimate, timeline or change order.
• Timelines depend on timely client feedback, access, content and approvals.
• Research, proof-of-concept and AI work may test feasibility; a particular accuracy or commercial outcome is not guaranteed unless expressly agreed in writing.

4. Client responsibilities

You must provide accurate requirements, authorised content, timely approvals, necessary access and a responsible project contact. You confirm that materials supplied to us may lawfully be used and do not infringe third-party rights. For factory, robot or industrial integrations, the client remains responsible for physical safety, machine certification, operational supervision and compliance with manufacturer requirements.

5. Fees, manpower charges, taxes and payment

Fees, milestones, currency, team allocation and applicable taxes will be stated in the quotation, proposal or invoice. Unless a project document states otherwise, payment is due by the invoice due date and commencement payment is required before resources are reserved or work begins.

Payment terms

• Advance, discovery, booking or mobilisation payments compensate for onboarding, planning and reserved capacity and are non-refundable once work or resource allocation begins, except where applicable law or a signed document requires otherwise.
• Milestone invoices become payable when the relevant milestone is delivered, demonstrated, submitted for review or deemed accepted under the agreed review period.
• Time-and-material work is billed using approved daily, hourly or monthly rates, supported where appropriate by work logs, task records or allocation records.
• Manpower charges include the time of developers, designers, testers, project managers, AI engineers, consultants and other personnel assigned to the engagement.
• GST and other applicable taxes are additional unless the quotation expressly states that they are included.
• Bank charges, foreign-exchange costs and payment gateway fees are borne by the client unless agreed otherwise.
• Third-party expenses—including hosting, domains, SSL certificates, cloud resources, licences, APIs, messaging, AI usage, hardware, travel and paid integrations—are separate unless expressly included.
• Approved purchases, subscriptions and other non-cancellable third-party commitments are payable even if the project is later paused or cancelled.
• Invoice objections must be raised promptly in writing with specific reasons; the undisputed portion remains payable.
• We may pause work, deployment, support, access or delivery while payment is overdue. Resulting schedule changes will not be treated as our delay.
• Source files, production deployment, credentials and transfer of agreed intellectual-property rights may be withheld until all applicable invoices are paid in full.

Project cancellation after work starts

If the client cancels, pauses indefinitely, abandons or materially reduces a project after work has started, the client must pay for every day or part-day of manpower actually worked up to the effective cancellation date, calculated at the rates in the project document or, if no rate is stated, a reasonable rate consistent with the approved estimate and allocated role. The final account may also include completed milestones, work in progress, meetings, research, design, testing, project management, handover time, committed notice-period capacity and non-cancellable third-party costs. Amounts already paid will be adjusted against this account; any balance is payable by the final invoice due date. Any refund is limited to the remaining unearned amount, if any, after these reasonable and documented deductions.

6. Server, hosting, hacking and cyber-security terms

No internet-connected website, application, server, cloud service or device can be guaranteed completely secure or continuously available. DMSync Infotech will apply the security controls expressly included in the agreed scope and use reasonable professional care, but does not promise that every vulnerability, malware event, zero-day exploit, intrusion or data loss can be prevented.

Scope of server responsibility

• Responsibility applies only to servers, hosting accounts and components that DMSync Infotech is expressly contracted and authorised to manage.
• Hosting-provider infrastructure, domain registrars, DNS, internet carriers, cloud platforms, payment gateways, third-party APIs, plugins, open-source packages and client-managed systems remain subject to their providers and respective terms.
• Server monitoring, backups, disaster recovery, penetration testing, security patching, malware removal, incident response and ongoing maintenance are separate services unless specifically included in writing.
• A development warranty is not a managed-security or uptime service. Post-launch security maintenance requires an active support or maintenance plan.
• Service levels, recovery time, recovery point and uptime commitments apply only where written in a signed service-level agreement.

Client security duties

• The client must use unique strong passwords, multi-factor authentication where available, authorised user accounts and least-privilege access.
• The client must keep its devices, operating systems, plugins, applications and integrations supported and updated and must not disable agreed security controls.
• Credentials must not be shared through insecure channels or with unauthorised persons. Any suspected leak, phishing attempt or lost device must be reported immediately.
• The client is responsible for the legality, accuracy, retention and backup of data uploaded or controlled by it and for obtaining required privacy notices and consents.
• The client must maintain independent, tested backups unless managed backup service is expressly purchased from us.
• The client must not install unapproved code, nulled software, pirated themes or plugins, unknown scripts, unauthorised integrations or malware on the delivered system.
• The client must not conduct or permit attacks, scraping that harms service, denial-of-service activity, password testing, vulnerability scanning or penetration testing without prior written authorisation and an agreed testing window.

Hacking and security incidents

• Unauthorised access, copying or alteration of data, credential misuse, malicious code, service disruption and assistance to an attacker are prohibited and may be reported to the hosting provider, CERT-In, law-enforcement or another competent authority where appropriate.
• If an incident is suspected, either party may temporarily isolate systems, revoke credentials, block traffic, suspend integrations or take other reasonable containment measures.
• The client authorises reasonable emergency action where delay could increase harm, but material actions and available information will be communicated as soon as practicable.
• Incident investigation, forensic work, restoration, malware cleanup, emergency patching, credential rotation and rebuilding caused by a third-party attack or an event outside our breach of the agreed scope are chargeable services.
• Logs and evidence may be preserved and shared where reasonably required for investigation, insurance, legal compliance or official reporting, subject to applicable law.
• Neither party should publicly attribute an incident to the other before a reasonable technical investigation.
• Where legally applicable, the responsible party must cooperate with required cyber-incident reporting and preservation of relevant records.

Security exclusions

To the extent permitted by law, we are not responsible for incidents caused by client personnel, shared or compromised credentials, social engineering, client-approved third parties, unsupported software, unapproved changes, refusal of recommended updates, insecure client devices, force majeure, provider outages or vulnerabilities not reasonably known at the time. This exclusion does not excuse fraud, wilful misconduct, gross negligence or liability that cannot legally be excluded.

7. Intellectual property

Each party retains its pre-existing intellectual property. Upon full payment, the client receives the rights to project deliverables stated in the signed project document. DMSync Infotech retains ownership of reusable know-how, general methods, frameworks, internal tools and pre-existing components. Open-source and third-party materials remain subject to their own licences.

8. Confidentiality, privacy and data protection

We will use reasonable care with confidential information supplied for a project and use it for performing the services. Clients should not send production credentials or sensitive personal, financial, medical or industrial data until appropriate security, access and data-processing arrangements have been agreed.

Personal data we handle

To provide our services and operate client and staff accounts on this platform, we may collect and process personal data such as names, mobile numbers, email addresses, company details, payment and billing records, work and support communications and, for staff receiving salary, bank account details. This data is processed to deliver services, manage accounts, process payments, provide support and meet legal and tax obligations.

How we use and protect data

• Personal data is used only for the purposes described above, internal administration and legal or regulatory compliance, and is not sold to third parties.
• Access to sensitive records, including payment and bank details, is restricted to authorised personnel who need it to perform their role.
• We apply reasonable administrative, technical and physical safeguards appropriate to the sensitivity of the data, consistent with India's Digital Personal Data Protection Act, 2023 and other applicable data-protection law.
• Data is retained only as long as reasonably necessary for the purposes it was collected, or as required by applicable tax, accounting or legal obligations, after which it may be archived or deleted.
• Where required by law, an individual may request access to, correction of, or deletion of their personal data by writing to info@dmsyncinfotech.com; some records may need to be retained where law requires it.

Cookies and website analytics

This website may use essential and analytics cookies or similar local storage to operate correctly and to understand aggregate usage. You can control or disable cookies through your browser settings; doing so may affect some website functionality.

9. Review, acceptance and warranty

You must review deliverables within the agreed acceptance period and report reproducible issues against written requirements. We will use reasonable skill and care to correct verified defects covered by the project warranty. Changes, new requirements, third-party failures, security incidents not caused by our breach, misuse and environments outside the agreed scope are excluded.

10. Disclaimers and limitation of liability

To the extent permitted by law, services are provided according to the agreed scope without implied guarantees of uninterrupted or attack-free operation, specific revenue, ranking, AI accuracy or compatibility with future third-party changes. Neither party will be liable for indirect or consequential loss. Any contractual liability cap will be the cap agreed in the signed project document; statutory rights and liabilities that cannot lawfully be excluded remain unaffected.

11. Force majeure

Neither party is liable for delay or failure to perform an obligation, other than a payment obligation, caused by events reasonably beyond its control, including natural disaster, fire, flood, pandemic, war, civil unrest, strikes, governmental action, internet or power infrastructure failure, or widespread outage of a third-party platform we depend on. The affected party will notify the other without undue delay and resume performance as soon as reasonably practicable once the event ends. If a force majeure event continues for more than 30 days, either party may terminate the affected project on written notice, subject to payment for work already performed under Section 5.

12. Pause, cancellation, suspension and termination

• A cancellation or pause request must be sent in writing by an authorised client contact and becomes effective when acknowledged or on the stated effective date, whichever is later.
• Either party may terminate under signed project terms or for a material breach not cured within the written cure period.
• We may immediately suspend affected services for overdue payment, illegal activity, sanctions concerns, abusive conduct, credential compromise or a material security risk.
• Client delay in supplying content, access, feedback or approvals may extend the schedule. If inactivity continues, we may archive or close the project after written notice and invoice work and committed costs.
• On cancellation, the client must pay all amounts described in Section 5, including manpower for the number of days actually worked. Cancellation does not erase invoices or commitments incurred before its effective date.
• Handover, data export, migration, documentation or assistance to a replacement provider is chargeable unless included in the original scope and is subject to payment of outstanding invoices.
• After reasonable notice and subject to applicable law and agreed retention obligations, we may delete project copies and credentials that we are not contracted to retain.

Any refund consideration will also be governed by the Refund & Return Policy and the signed project document.

13. Assignment and subcontracting

The client may not assign or transfer a project agreement without our prior written consent, which will not be unreasonably withheld. We may use employees, contractors or specialist subcontractors to perform part of the services, and we remain responsible for services performed on our behalf. We may assign our rights and obligations to a successor in the event of a merger, acquisition or sale of substantially all of the relevant business, provided the successor agrees to honour the applicable project terms.

14. Legal information and business identity

DMSync Infotech provides software development, web services, IT solutions and AI automation services from Office 604, 6th Floor, Merry Gold Square, 150 Ft Ring Road, near Madhapar Circle BRTS, Madhapar, Rajkot, Gujarat 360006, India.

Email: info@dmsyncinfotech.com
Phone: +91 95862 95872

Electronic records and approvals

Proposals, approvals, invoices, change requests and notices may be exchanged electronically. India’s Information Technology Act, 2000 includes recognition of electronic records and contracts formed through electronic means. Parties should retain complete copies of authorised communications and ensure approvals come from designated contacts.

15. Governing law, disputes and court jurisdiction

These terms are governed by the laws of India. Before formal proceedings, the parties should first attempt good-faith resolution through a written notice, exchange of relevant project records and a management discussion. Mediation or another mutually agreed resolution process may be considered where appropriate.

Subject to applicable mandatory consumer, statutory or regulatory jurisdiction, courts at Rajkot, Gujarat will have jurisdiction over disputes arising from these terms or services.

16. AI and industrial automation responsibility

AI output is probabilistic and requires project-specific testing. Computer vision, robot guidance and factory automation must be validated in the actual operating environment. Clients and their qualified machine integrators remain responsible for physical safety systems, emergency controls, regulatory compliance, risk assessments and final operational approval.

17. Legal notices

Formal notices should be sent by email to info@dmsyncinfotech.com and, where required by the applicable agreement, by recognised post or courier to the business address above. A notice should identify the sender, project, agreement, facts and requested action.

18. Entire agreement, severability and changes

These website terms, together with the applicable signed proposal, quotation or project document, form the entire agreement between the parties for a project and supersede earlier discussions on the same subject, unless expressly stated otherwise in a signed document. If any provision is found unenforceable, it will be limited or removed only to the minimum extent required and the remaining provisions will continue. A delay in enforcing a right is not a waiver. We may update these website terms prospectively by publishing a revised date; updates do not silently replace a signed project agreement. Material project changes require written agreement. These website terms are general information and are not a substitute for a signed project agreement or professional legal advice.