Terms of Service

Last Updated: December 13, 2024

1. Acceptance of Terms

By accessing or using kishansavaliya.com (the "Website") or engaging my services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please do not use the Website or engage my services.

2. Services Offered

2.1 Freelance Development Services

I offer professional web development services including:

• Magento 2 development and customization
• WordPress theme and plugin development
• Shopify store setup and customization
• Custom web application development
• E-commerce solutions
• Website maintenance and support

2.2 Service Engagement

Services are provided on a project or hourly basis as agreed upon in writing. Each project will have a separate agreement or statement of work that outlines scope, timeline, deliverables, and payment terms.

3. Project Terms

3.1 Project Scope

The scope of work will be clearly defined in the project agreement. Any changes or additions to the scope (scope creep) will be subject to additional charges and timeline adjustments.

3.2 Timeline

Project timelines are estimates based on the agreed scope. Delays caused by client-side factors (late feedback, content delays, server access issues) will extend the timeline accordingly. I will communicate any anticipated delays promptly.

3.3 Client Responsibilities

Clients are responsible for:

• Providing timely feedback and approvals
• Supplying necessary content, assets, and access
• Responding to queries within agreed timeframes
• Maintaining backups of their data
• Testing deliverables in their environment

4. Payment Terms

4.1 Pricing

Pricing is provided on a per-project or hourly basis. All quotes are valid for 30 days unless otherwise specified. Prices do not include third-party costs (hosting, plugins, themes, licenses) unless explicitly stated.

4.2 Payment Schedule

Typical payment structure:

• Small Projects (<$500): 100% upfront
• Medium Projects ($500-$2000): 50% upfront, 50% on completion
• Large Projects (>$2000): 30% upfront, 40% at midpoint, 30% on completion
• Hourly Work: Weekly or bi-weekly invoicing

4.3 Late Payments

Invoices are due within 7 days of issuance unless otherwise agreed. Late payments may incur a 5% monthly fee and may result in work suspension until payment is received.

4.4 Refunds

Refunds are not provided for completed work. For partially completed work, refunds will be calculated based on work completed. Deposits are non-refundable once work has commenced.

5. Intellectual Property

5.1 Client Ownership

Upon full payment, clients own the custom code developed specifically for their project. This does not include third-party libraries, frameworks, or my proprietary tools/templates.

5.2 Developer Rights

I retain the right to:

• Display completed work in my portfolio
• Use generic code snippets in future projects
• Reuse non-proprietary solutions and methodologies

5.3 Third-Party Materials

Clients are responsible for ensuring they have proper licenses for all third-party materials (images, fonts, plugins, themes) used in their project.

6. Warranties and Disclaimers

6.1 Quality Assurance

I guarantee that all work will be performed professionally and meet industry standards. I will fix bugs in my code for 30 days after project completion at no charge.

6.2 Limitations

I am not responsible for issues arising from: third-party services, client modifications to code, hosting/server issues, incompatible third-party plugins, or force majeure events.

6.3 No Guarantees

While I strive for excellence, I cannot guarantee specific business outcomes, search engine rankings, or traffic levels.

7. Liability

7.1 Limitation of Liability

My total liability for any claim arising from services provided shall not exceed the total amount paid by the client for the specific project giving rise to the claim.

7.2 Indemnification

Clients agree to indemnify me against any claims arising from: content provided by client, client's use of deliverables, violations of third-party rights, or client's breach of these terms.

8. Confidentiality

I will keep client information confidential and will not disclose sensitive business information to third parties without consent, except as required by law.

9. Termination

9.1 By Client

Clients may terminate projects with 7 days written notice. Clients will be billed for all work completed to date plus any non-refundable expenses. Source code will be delivered upon payment.

9.2 By Developer

I may terminate a project if: payment is not received, client is unresponsive for 30+ days, client requests work outside my ethical boundaries, or client breaches these terms.

10. Website Use

10.1 Acceptable Use

When using this website, you agree not to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit malicious code or viruses
• Attempt to gain unauthorized access
• Scrape or harvest data without permission

10.2 Content Accuracy

While I strive to keep information accurate and updated, I make no warranties about the completeness, reliability, or accuracy of website content.

11. Dispute Resolution

Any disputes will first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes will be resolved through binding arbitration in Ahmedabad, Gujarat, India, under Indian law.

12. Changes to Terms

I reserve the right to modify these Terms of Service at any time. Changes will be posted on this page with an updated date. Continued use of the website or services constitutes acceptance of modified terms.

13. Governing Law

These Terms of Service are governed by the laws of India. Any legal action must be brought in the courts of Ahmedabad, Gujarat, India.

14. Contact Information

For questions about these Terms of Service, contact: