Terms & Conditions

1. Services Offered and Scope

BenK Tech Labs ("we," "our," or "us") provides digital services including, but not limited to:

• Full stack web development and web applications
• Mobile application development (iOS and Android)
• AI automation and custom software solutions
• Digital marketing and analytics
• Consulting and technical advisory

The specific scope, deliverables, timeline, and pricing for each project will be defined in a separate Statement of Work (SOW), Proposal, or Service Agreement ("Project Agreement"). These Terms apply generally to all engagements; in case of conflict between these Terms and a Project Agreement, the Project Agreement shall prevail for that project.

2. Intellectual Property

Ownership of Deliverables: Upon receipt of full payment for the relevant deliverables, all intellectual property rights in the deliverables (including source code, designs, documentation, and other work product created for your project) shall transfer to you as the client.

Before Full Payment: Until full payment is received, BenK Tech Labs retains all rights, title, and interest in the deliverables. We may withhold delivery of final assets, source code, or transfer of ownership until all amounts due have been paid.

Pre-existing and Third-party Materials: We reserve the right to use pre-existing tools, libraries, frameworks, and other materials we own or license. These remain our property or that of their respective owners. Where deliverables incorporate open-source or third-party components, their respective licenses shall apply; we will inform you of any such components and relevant license terms.

3. Payment Terms

Payment terms shall be as specified in the Project Agreement. Unless otherwise agreed:

• Advance: A non-refundable advance of 50% of the total project fee is required before work commences.
• Milestone-based: Remaining payments are tied to agreed milestones (e.g., design approval, development complete, deployment). Invoices will be issued upon milestone completion.
• Payment due: Invoices are due within 14 days of issue unless a different period is specified.
• Late payment: We reserve the right to charge interest on overdue amounts at 1.5% per month (or the maximum rate permitted by law) and to suspend work until payment is received.

All fees and amounts are in Indian Rupees (INR) unless otherwise specified. Taxes, including GST, will be charged as applicable.

4. Limitation of Liability

Exclusion of Indirect Damages: To the maximum extent permitted by law, BenK Tech Labs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or goodwill, whether arising in contract, tort (including negligence), or otherwise.

Cap on Liability: Our total aggregate liability for any claims arising out of or related to our services or these Terms shall not exceed the total amount paid by you to us for the specific project giving rise to the claim in the twelve (12) months preceding the claim.

Basis: You acknowledge that these limitations reflect a reasonable allocation of risk and that we would not have entered into the engagement without these limitations.

5. Confidentiality

Each party agrees to keep confidential any proprietary or non-public information received from the other, and to use it only for the purpose of performing or receiving the services. Confidentiality obligations survive termination of the engagement. This does not apply to information that is publicly available, independently developed, or rightfully obtained from a third party without confidentiality restrictions.

6. Governing Law and Jurisdiction

These Terms and any disputes arising out of or in connection with them shall be governed by the laws of India, without regard to conflict of law principles.

The parties submit to the exclusive jurisdiction of the courts at Vijayawada, Andhra Pradesh, India for the resolution of any disputes.

7. Termination

Either party may terminate an engagement in accordance with the terms of the Project Agreement. In the absence of specific provisions, either party may terminate for material breach with 30 days' prior written notice, provided the breach is not cured within that period. Upon termination, you shall pay for all work performed up to the date of termination and for any non-cancellable third-party costs incurred on your behalf.

8. General Provisions

• Entire Agreement: These Terms, together with any Project Agreement, constitute the entire agreement between the parties regarding the subject matter.
• Amendments: We may amend these Terms from time to time. Changes will be posted on this page with an updated Last Updated date. Continued use of our services after changes constitutes acceptance of the amended Terms.
• Severability: If any provision is held invalid or unenforceable, the remaining provisions shall remain in effect.
• Contact: For questions about these Terms, contact us at contact@benktechlabs.com.