1. Purpose & Scope
This Service Agreement Policy describes the general terms on which BetaZen Infotech Private Limited provides professional and technology services to its clients. It applies to all paid engagements, including custom web and software development (including WordPress), mobile app development, AI/ML solutions, cloud and DevOps, UI/UX design, digital marketing, WhatsApp marketing, technology consulting, paid consultations booked through our online appointment system, and access to our digital/SaaS subscription products.
This policy is a general framework and does not by itself create a contract for any specific project. A binding engagement arises only when a proposal, Statement of Work (SOW) or written agreement is executed as described below, or when you subscribe to a paid product or complete a paid checkout through betazeninfotech.com.
This policy forms part of our website terms. By instructing us to commence work, or by making payment, you accept the terms set out here to the extent they are not superseded by a signed agreement.
2. Definitions
In this policy, unless the context requires otherwise:
• "Agreement" means a signed proposal, Statement of Work (SOW), master services agreement or other written contract executed between you and BetaZen Infotech for a specific engagement.
• "Deliverables" means the specific outputs, files, code, designs, documents or services described in the applicable Agreement.
• "Engagement" means the provision of Services by BetaZen Infotech to you under a proposal, SOW or subscription.
• "Fees" means the charges payable for the Services, exclusive of taxes unless stated otherwise.
• "Services" means the professional and technology services offered by BetaZen Infotech, as described in Section 1.
• "SOW" or "proposal" means a document setting out the scope, deliverables, timeline and Fees for a specific project.
• "Change Request" means any request to modify, add to or remove agreed scope, deliverables or timeline.
3. Precedence: Signed Agreement Prevails
The commercial and legal relationship for any specific project is governed primarily by the signed proposal, SOW or written Agreement for that project. Once executed by both parties, that Agreement is the controlling document.
If there is any conflict or inconsistency between a signed Agreement and this Service Agreement Policy or our general website terms, the signed Agreement prevails to the extent of the conflict. This Service Agreement Policy and our other published policies apply to matters not addressed in the signed Agreement, and continue to fill any gaps.
No variation of a signed Agreement is effective unless recorded in writing and agreed by both parties. Nothing in this policy limits any mandatory rights you have under applicable Indian law.
4. Proposals, Estimates & Acceptance
We typically provide a written proposal or estimate describing the intended scope, deliverables, assumptions, indicative timeline and Fees for your project. Unless stated otherwise, a proposal or estimate is valid for the period specified in it and may be revised or withdrawn before acceptance.
Estimates are based on the information and requirements available at the time of quoting. If actual requirements differ materially from the assumptions stated in the proposal, Fees and timelines may be revised through the Change Request process in Section 7.
An Engagement is accepted when you sign the proposal or SOW, confirm acceptance in writing (including by email), or make the applicable advance payment. Commencement of work by BetaZen Infotech at your request constitutes acceptance of the applicable terms.
5. Scope of Work & Deliverables
The specific Services, Deliverables, technical requirements, acceptance criteria and any exclusions for a project are defined in the applicable proposal or SOW. Only items expressly listed as Deliverables form part of the agreed scope.
Anything not expressly included in the SOW — including additional features, integrations, revisions beyond the agreed number, third-party licences, content creation, data migration or ongoing hosting — is considered out of scope and, if requested, is handled as a Change Request under Section 7.
Where the SOW specifies acceptance criteria or a review period, Deliverables are deemed accepted when they meet those criteria, or on expiry of the review period without written objection, whichever is earlier. Reasonable, in-scope revisions are provided as set out in the SOW.
6. Project Timeline & Milestones
Project timelines and milestones, where applicable, are set out in the proposal or SOW. Timelines are good-faith estimates and depend on timely inputs, approvals and payments from you, as well as on stable, agreed requirements.
Work may be organised into phases or milestones, each linked to specific Deliverables and, where applicable, to payment. Completion of a milestone may be subject to your review and sign-off within the period stated in the SOW.
We are not responsible for delays caused by matters outside our reasonable control, including delayed feedback or approvals, incomplete or changed requirements, third-party dependencies, or events of force majeure. Affected timelines will be extended reasonably. If a delay is attributable to you, related standby or rescheduling costs may apply as stated in the SOW.
7. Change Requests
You may request changes to the agreed scope, deliverables, design or timeline at any time. Because such changes affect effort, cost and schedule, they are managed through a written Change Request process.
For any out-of-scope change, we will provide a written estimate of the additional Fees and any impact on the timeline. Out-of-scope work is quoted and billed separately and does not proceed until you approve the estimate in writing.
• Minor clarifications that do not materially change scope may be absorbed at our discretion.
• Additional features, redesigns, extra revisions and new integrations are chargeable.
• Approved Change Requests become part of the Engagement and are governed by this policy and the applicable SOW.
Unapproved change requests may result in the affected work being paused until scope and Fees are agreed.
8. Client Responsibilities & Timely Approvals
Successful delivery depends on your cooperation. You agree to provide, in a timely manner, the inputs, content, access credentials, brand assets, approvals and decisions reasonably required for us to perform the Services.
You are responsible for:
• Providing accurate, complete and lawful requirements, content and materials, and for holding the rights to use them.
• Nominating a point of contact authorised to give approvals and instructions on your behalf.
• Reviewing Deliverables and providing consolidated feedback or sign-off within the review periods stated in the SOW.
• Procuring any third-party accounts, licences, subscriptions or hosting required for the project, unless the SOW states we will do so.
• Making payments when due in accordance with the Payment Policy.
Delayed approvals, late feedback or non-provision of required inputs may extend timelines and, where they cause additional effort or standby, may increase Fees.
9. Fees & Payment
Fees for each Engagement are set out in the applicable proposal or SOW and are governed in detail by our Payment Policy. Fees are quoted primarily in INR (Indian Rupees); USD may apply for international clients. GST is charged as applicable at 18%, and other applicable taxes may be added.
Unless the SOW states otherwise, project Fees are payable on the following schedule: 40% as an advance to commence work, 30% at the agreed mid-project milestone, and the remaining 30% before final delivery/handover. Milestone-based projects are invoiced as each milestone is reached, and subscription products are billed per the applicable plan.
Invoices are payable by the due date stated on the invoice. Overdue amounts may attract late-payment interest of 1.5% per month, and we may suspend Services or withhold Deliverables until outstanding amounts are cleared. Payments made through BetaZen Pay are processed by third-party PCI-DSS-compliant payment gateways; we do not store full card numbers or CVV. Refunds, where applicable, are governed by our Refund Policy and Cancellation Policy, with a digital-product refund window of 7 (seven) days and a refund processing time of 7 to 10 business days.
10. Intellectual Property & Licensing
Each party retains ownership of intellectual property it owned before the Engagement or develops independently of it. You retain ownership of content, data and materials you provide to us, and grant us a licence to use them as needed to perform the Services.
Subject to full payment of all Fees due for the relevant Deliverables, we assign or transfer to you the intellectual property rights in the final, project-specific Deliverables created for you under the SOW. Until full payment is received, all rights in the Deliverables remain with BetaZen Infotech, and any interim use is by revocable licence only.
Certain elements may be provided under licence rather than by transfer, including our pre-existing tools, frameworks, libraries and know-how, and any third-party or open-source components (which remain subject to their own licences). We may reference the general nature of the work in our portfolio unless the SOW provides otherwise or confidentiality requires otherwise.
11. Confidentiality & NDA
Each party may receive confidential information of the other in connection with the Engagement, including business, technical, financial and personal data. Each party agrees to keep such information confidential, to use it only for the purposes of the Engagement, and to protect it with reasonable safeguards.
Confidentiality obligations do not apply to information that is or becomes public without breach, was lawfully known before disclosure, is independently developed, or is required to be disclosed by law or a competent authority (in which case reasonable prior notice will be given where lawful).
Where a separate Non-Disclosure Agreement (NDA) is signed, its terms apply to the exchange of confidential information and prevail over this section to the extent of any conflict. Handling of personal data is additionally governed by our Privacy Policy and applicable the Digital Personal Data Protection Act, 2023 and the Information Technology Act, 2000 (and rules thereunder).
12. Warranties, Support & Maintenance
We warrant that the Services will be performed with reasonable skill and care, in a professional manner, and that Deliverables will materially conform to the specifications in the SOW at the time of acceptance. If a Deliverable does not conform, we will, as our primary remedy, correct the non-conformity within a reasonable time.
Unless expressly stated in the SOW, the Services are provided without any further warranties, and we do not warrant that software will be error-free or uninterrupted, or that it will meet requirements not set out in the SOW. Warranty cover excludes issues caused by your modifications, misuse, third-party components, hosting environments outside our control, or use contrary to our Acceptable Use Policy.
Ongoing support and maintenance beyond any warranty period are provided under a separate support plan or as set out in our SLA & Support Policy. Standard support hours are Monday to Saturday, 10:00 AM to 7:00 PM IST; excluding national and state public holidays. Response targets and coverage are described in the SLA & Support Policy.
13. Termination & Effect
Either party may terminate an Engagement as provided in the SOW. In the absence of specific terms, either party may terminate on reasonable written notice, and either party may terminate immediately if the other commits a material breach that is not cured within a reasonable period after written notice, or becomes insolvent.
On termination, you will pay for all Services performed and expenses reasonably incurred up to the effective date of termination, including work in progress and any non-cancellable third-party commitments. Advance payments are dealt with in accordance with our Cancellation Policy and Refund Policy.
On termination, each party will return or, at the other's request, destroy the other's confidential information, subject to legal retention requirements. Intellectual property transfers only to the extent Fees for the relevant Deliverables have been paid in full. Clauses relating to fees due, intellectual property, confidentiality, limitation of liability and dispute resolution survive termination.
14. Limitation of Liability
Nothing in this policy excludes or limits liability that cannot lawfully be excluded, including liability for fraud, or for death or personal injury caused by negligence.
Subject to that, our total aggregate liability to you arising out of or in connection with an Engagement, whether in contract, tort (including negligence) or otherwise, shall not exceed the total Fees paid by you to us for that Engagement in the twelve (12) months immediately preceding the event giving rise to the claim.
To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill, data or business opportunity, arising out of or in connection with the Engagement, whether in contract, tort or otherwise, even if advised of the possibility of such loss. Additional limitations and disclaimers are set out in our Disclaimer.
15. Governing Law & Dispute Resolution
This Service Agreement Policy, and any Engagement governed by it, are governed by and construed in accordance with the laws of India, without regard to conflict-of-laws principles.
The parties will first attempt to resolve any dispute amicably through good-faith discussions. If a dispute is not resolved within a reasonable period, it will be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration will be Kolkata, West Bengal; the arbitration will be conducted in English by a sole arbitrator appointed in accordance with that Act, and the award will be final and binding.
Subject to the arbitration provision, the courts at Kolkata, West Bengal, India have exclusive jurisdiction over any matter arising out of or in connection with this policy or an Engagement.
16. Contact & Grievance
If you have any questions about this Service Agreement Policy, a proposal or an ongoing Engagement, or wish to raise a grievance, please contact us:
• BetaZen Infotech Private Limited
• CIN: U62099WB2023PTC265741
• Email: info@betazeninfotech.com
• Alternate email: connect@betazeninfotech.com
• Phone / WhatsApp: +91 78900 00199
• Address: 1/A, 603, 6th Floor, Saltee Plaza 1, Khudiram Bose Sarani, near ILS Hospital, K.B. Sarani, Arjunpur, Kaikhali, Kolkata, West Bengal 700028
We aim to acknowledge and respond to legitimate queries and grievances within a reasonable time. For matters relating to personal data, please also refer to the grievance mechanism described in our Privacy Policy.