1. Introduction and Acceptance
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Client," or "you") and Netling Digital Pvt. Ltd. ("Netling," "we," "us," or "our"), a company registered in India, operating the website www.netling.digital and all related services.
By accessing our website or engaging our services, you confirm that you are at least 18 years of age and agree to be bound by these Terms. If you are acting on behalf of a company or organisation, you represent that you have the authority to bind that entity. If you do not agree with any part of these Terms, please do not use our Services.
Netling reserves the right to modify the features, functionality, and content of its website and services at any time without prior notice.
2. Services
Netling provides custom software development, web and mobile application development, UI/UX design, digital transformation consulting, and related technology services as agreed upon at the time of engagement. The specific scope of services, deliverables, timelines, and milestones will be outlined in a project proposal, statement of work (SOW), or order confirmation shared with both parties before the project commences.
Any additional services or changes to the agreed scope will be subject to a separate agreement or change order and may incur additional fees.
3. Delivery of Services
- Start Date: Work commences on the next consecutive business day after receipt of confirmed payment and all required project materials.
- Estimated Timeline: An initial estimate is generated at the time of engagement. The final delivery timeline is confirmed by the assigned project manager after a thorough review of requirements. Our team operates Monday to Friday, 11:00–19:00 IST (GMT+5:30).
- Delays: If unforeseen circumstances delay delivery beyond the agreed timeline, Netling will notify you promptly and may offer reasonable compensation at its discretion. Liability for delays shall not exceed the value of the original engagement.
4. Acceptance Criteria
A deliverable or project milestone is considered accepted when any of the following occurs:
- You provide written approval (email or project management tool) confirming acceptance
- You do not submit feedback or objections within 14 calendar days of delivery
- You request that work proceed to the next project phase or milestone
Once accepted, a deliverable is considered final. Any subsequent changes or additions will be treated as new scope and may be subject to additional charges.
5. Deliverable Format
Upon completion, Netling will provide the finished work in the format agreed upon in the project specifications. Unless otherwise specified, deliverables are typically provided as a compressed archive (.zip) or deployed to the agreed hosting environment. Source code, design files, and documentation will be delivered as outlined in the project agreement.
6. Pricing
All pricing is confirmed at the time of engagement and varies based on the scope, complexity, and nature of the services requested. You are responsible for reviewing and confirming the invoice and project scope before work begins. Unless explicitly stated otherwise, all prices are exclusive of applicable taxes (GST, VAT, or other local taxes), which are payable by the Client.
7. Payments
You agree to pay in accordance with the payment schedule established by Netling prior to project commencement. Netling is under no obligation to commence work or deliver files until all due payments have been received and confirmed.
- Payment Methods: We accept bank transfer, wire transfer, and other methods as communicated during onboarding.
- Late Payments: Payments not received within 15 days of the due date may result in project suspension until the outstanding balance is settled. Netling reserves the right to charge interest on overdue amounts at the rate of 1.5% per month or the maximum permitted by applicable law, whichever is lower.
- Taxes: All applicable taxes, duties, and government levies are the responsibility of the Client unless otherwise agreed in writing.
8. Intellectual Property Rights
Upon full payment of all fees associated with a project, full title and copyright ownership of the work created specifically for the Client shall transfer to the Client. Until full payment is received, all intellectual property rights remain with Netling.
- Pre-existing IP: Any tools, frameworks, libraries, or code that existed prior to the engagement or that are developed independently by Netling remain the property of Netling. The Client is granted a non-exclusive, perpetual licence to use such materials as part of the delivered project.
- Third-Party Components: Where third-party software, libraries, or assets are used, they are subject to their respective licences. Netling will disclose the use of any third-party components upon request.
- Portfolio Rights: Unless restricted by an NDA, Netling may reference the project (name, general description, and non-confidential visuals) in its portfolio, case studies, and marketing materials.
9. Confidentiality and NDA
Netling treats all client information, project materials, business strategies, and proprietary data as strictly confidential. We will not disclose, reproduce, or share your confidential information with any third party without your prior written consent, except where required by law.
Upon request, Netling will execute a formal Non-Disclosure Agreement (NDA) prior to the commencement of any engagement. All team members involved in your project are bound by internal confidentiality obligations.
10. Refunds
Full Refunds
- Netling is unable to complete the order due to internal limitations
- Cancellation is requested before any development work has commenced
Partial Refunds
- The delivered work does not meet the agreed specifications and the issue is technically feasible to resolve but remains unresolved after 10 documented revision attempts
- The project is cancelled mid-way — a refund will be calculated on a pro-rata basis for work not yet completed
No Refunds
- After deliverables have been accepted (per Section 4)
- The delivered work meets the agreed quality standards and specifications
- Issues arise from negligence by third parties, the Client, or modifications made outside of Netling's scope
All refund requests must be submitted in writing to sales@netling.digital. Netling will review each request on a case-by-case basis and respond within 15 business days. Disputes regarding refunds will be handled in accordance with the dispute resolution process outlined in Section 16.
11. Warranty and Limitation of Liability
Warranty
Netling provides a 30-day warranty period from the date of final delivery, during which we will address and fix any bugs or defects in the delivered work at no additional cost, provided these issues are directly attributable to our development. This warranty does not cover issues arising from third-party modifications, hosting environment changes, or client-side alterations.
Disclaimer
The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Netling does not warrant that the Services will be uninterrupted, error-free, or completely secure.
Limitation of Liability
To the maximum extent permitted by applicable law, Netling's total aggregate liability for any claims arising out of or related to these Terms or the Services shall not exceed the total fees paid by the Client for the specific project giving rise to the claim. In no event shall Netling be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill.
Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.
12. Indemnification
You agree to indemnify, defend, and hold harmless Netling, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Services or website
- Your breach of these Terms
- Any content or materials you provide to Netling that infringe upon the intellectual property or other rights of a third party
- Any misrepresentation made by you
13. Term and Termination
This agreement becomes effective upon receipt of the initial payment or upon signing a formal engagement agreement, whichever occurs first.
- Termination for Convenience: Either party may terminate this agreement with 30 days' written notice
- Termination for Cause: Either party may terminate immediately if the other party commits a material breach and fails to remedy it within 15 days of receiving written notice of the breach
- Effect of Termination: Upon termination, the Client shall pay for all work completed up to the termination date. Netling will deliver all completed work and materials. Any advance payments for uncompleted work will be refunded on a pro-rata basis.
Sections relating to Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, and Governing Law shall survive termination of this agreement.
14. Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations under these Terms if such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to: natural disasters, pandemics, government actions, war, civil unrest, power failures, internet outages, cyberattacks, or acts of God.
The affected party shall notify the other party promptly and use reasonable efforts to mitigate the impact. If the force majeure event continues for more than 60 days, either party may terminate the agreement without penalty.
15. Relationship of Parties
Netling operates as an independent contractor. Nothing in these Terms shall be construed as creating a partnership, joint venture, employment relationship, or agency between the parties. Neither party has the authority to bind or make commitments on behalf of the other.
16. Dispute Resolution
In the event of any dispute arising out of or relating to these Terms or the Services, the parties agree to first attempt resolution through good-faith negotiation for a period of 30 days. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India). The seat of arbitration shall be New Delhi, India, and proceedings shall be conducted in English.
17. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India. Any legal proceedings shall be subject to the exclusive jurisdiction of the courts located in New Delhi, India.
18. General Provisions
- Entire Agreement: These Terms, together with any project proposals, SOWs, NDAs, and other written agreements between the parties, constitute the entire agreement and supersede all prior discussions, negotiations, and agreements.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Assignment: You may not assign or transfer your rights or obligations under these Terms without Netling's prior written consent. Netling may assign its rights and obligations to an affiliate or successor entity.
- Waiver: The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or the right to enforce it at a later time.
- Notices: All formal notices under these Terms shall be in writing and sent to the email addresses provided during the engagement or to legal@netling.digital.
19. Amendments
Netling reserves the right to update or modify these Terms at any time. When material changes are made, we will update the "Last Updated" date at the bottom of this page. Continued use of our website or Services after such changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
20. Contact Us
If you have any questions or concerns regarding these Terms of Service, please contact us:
- Email: legal@netling.digital
- Company: Netling Digital Pvt. Ltd.
- Address: New Delhi, India
- Website: www.netling.digital
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