Terms & Conditions

By accessing or using betazeninfotech.com, creating an account, booking a consultation, submitting an enquiry, or engaging BetaZen Infotech Private Limited for any product or service, you confirm that you have read, understood, and agree to be legally bound by these Terms. These Terms operate alongside our other policies, which are incorporated by reference and form part of your agreement with us. These include the Privacy Policy, Cookie Policy, Payment Policy, Refund Policy, Cancellation Policy, SLA & Support Policy, Acceptable Use Policy, Service Agreement Policy, and Disclaimer. Where a specific written Service Agreement or Proposal is signed between you and us, that document will govern the particular engagement and, in the event of conflict, will prevail over these Terms to the extent of the inconsistency. These Terms constitute an electronic record under the Information Technology Act, 2000 and do not require any physical or digital signature to be enforceable.

In these Terms, unless the context requires otherwise: • "Client", "you" or "your" means any individual or entity that accesses our website, registers an account, or engages us for products or services. • "Services" means the technology and IT services we provide, 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, and paid consultation bookings. • "Products" means our digital and SaaS offerings, including subscription plans, demos, and documentation. There are no physical goods and no physical shipping. • "Deliverables" means the work product, code, designs, or materials created for you under an engagement. • "BetaZen Pay" means our payments and checkout flow, operated through third-party PCI-DSS-compliant payment gateways. • "Proposal" or "Quotation" means a written scope, pricing, and timeline document issued by us for a proposed engagement. • "Website" means betazeninfotech.com, together with its subdomains and associated services.

To use our website, purchase our Products, or engage our Services, you must be at least 18 years of age and legally capable of entering into a binding contract under the Indian Contract Act, 1872. If you are using our Services on behalf of a company, firm, or other legal entity, you represent and warrant that you are authorised to bind that entity to these Terms, and references to "you" include that entity. We may refuse, suspend, or terminate access for any person who does not meet these eligibility requirements or who provides inaccurate registration information.

BetaZen Infotech is an IT services and technology company. We provide custom web and software development (including WordPress), mobile app development, AI/ML solutions, cloud and DevOps, UI/UX design, digital marketing, WhatsApp marketing, and technology consulting. Our Products are digital or SaaS in nature and may include subscription plans, product demos, and documentation. We do not sell physical goods, and no physical shipping is involved in any purchase. We also operate online appointment booking (including a paid consultation option), the BetaZen Pay checkout flow, and the issuance of digital certificates. The exact scope, features, timelines, and deliverables for any engagement will be set out in the applicable Proposal, Quotation, or Service Agreement. We may modify, enhance, or discontinue any feature of our Products or Services, and will use reasonable efforts to give notice of material changes that affect an active subscription or engagement.

Certain features, subscriptions, or engagements may require you to create an account or receive access credentials. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials, API keys, and access tokens, and for all activity that occurs under your account. You must notify us promptly at info@betazeninfotech.com if you become aware of any unauthorised access or security breach. We are not liable for any loss or damage arising from your failure to safeguard your credentials. We may suspend or disable an account where we reasonably believe it has been compromised or used in breach of these Terms or the Acceptable Use Policy.

To enable us to deliver our Services effectively, you agree to: • Provide timely, accurate, and complete information, content, access, approvals, and feedback as reasonably required. • Appoint a point of contact authorised to give instructions and approve Deliverables. • Ensure that any content, data, or materials you supply do not infringe the intellectual property or other rights of any third party and comply with applicable law. • Obtain and maintain any licences, consents, or permissions needed for your project, including for third-party assets you provide. • Use our website, Products, and Services only for lawful purposes and in accordance with the Acceptable Use Policy. Delays, incomplete inputs, or changes in scope caused by you may affect timelines and costs, and any resulting impact will not be our responsibility.

Quotations, Proposals, and pricing estimates we issue are valid for the period stated in them or, if none is stated, for 30 days from the date of issue. They are indicative until confirmed in writing by both parties. An order or engagement is deemed accepted when you confirm the Proposal in writing, sign a Service Agreement, or make the applicable advance payment, whichever occurs first. Any work beyond the agreed scope will be treated as a change request and may attract additional fees and revised timelines, to be agreed in writing before such work begins. We reserve the right to decline or withdraw a Quotation or Proposal at any time before acceptance, or where it contains a manifest error in pricing or description.

All fees are as set out in the applicable Proposal, Quotation, subscription plan, or Service Agreement, and are payable in accordance with our Payment Policy. Prices are primarily quoted in Indian Rupees (INR); for international clients, fees may be quoted in USD. Unless otherwise agreed in writing, project fees follow the schedule: 40% as an advance to commence work, 30% at the agreed mid-project milestone, and the remaining 30% before final delivery/handover. Subscription and recurring fees are billed in advance for each billing cycle. Goods and Services Tax (GST) at 18% and any other applicable taxes, levies, or gateway charges will be added to invoices as required by law. Payments are processed securely through BetaZen Pay using third-party PCI-DSS-compliant payment gateways, which handle card, UPI, netbanking, and wallet transactions. We do not store your full card number or CVV. Invoices are due within the period stated on the invoice. Overdue amounts may attract late-payment interest of 1.5% per month, calculated from the due date until payment is received. We may suspend Services or withhold Deliverables where payment is overdue. Refunds, where applicable, are governed by our Refund Policy and Cancellation Policy; eligible refunds for digital Products are subject to the 7 (seven) days refund window and are typically processed within 7 to 10 business days.

Upon full and cleared payment of all fees due for an engagement, ownership of the final custom Deliverables created specifically for you will transfer to you, except as set out below. Our pre-existing intellectual property, including our frameworks, libraries, tools, templates, methodologies, and know-how, together with any general enhancements to them, remains our exclusive property. Where such pre-existing materials are embedded in a Deliverable, we grant you a non-exclusive, perpetual, worldwide licence to use them solely as part of that Deliverable. Third-party and open-source components remain subject to their own licences. Until full payment is received, all Deliverables and any associated intellectual property rights remain vested in us. Unless you notify us otherwise in writing, we may reference completed work, in a general and non-confidential manner, in our portfolio and for marketing and reference purposes. All content on our website, including text, graphics, logos, the BetaZen Infotech name, trademarks, and software, is owned by or licensed to us and is protected under applicable Indian and international intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from our website content without our prior written consent.

Our Products and Services may rely on, integrate with, or link to third-party services, including payment gateways, cloud and hosting providers, messaging and WhatsApp platforms, analytics tools, and other software or APIs. Such third-party services are governed by their own terms and privacy practices, and your use of them is at your own risk. We do not control and are not responsible for the availability, accuracy, security, or conduct of any third party, and we make no warranties in respect of them. Where an engagement depends on third-party services or licences procured in your name or paid for by you, you are responsible for the associated costs, compliance, and renewals unless we have expressly agreed otherwise in writing.

Each party may receive confidential information belonging to the other, including business plans, technical data, source code, credentials, pricing, and client information. Each party agrees to keep the other's confidential information secure, to use it only for the purposes of the engagement, and not to disclose it to third parties without consent. These obligations do not apply to information that is or becomes publicly available without breach, that was lawfully known before disclosure, or that is required to be disclosed by law, regulation, or court order, provided reasonable notice is given where lawfully permitted. The confidentiality obligations in this section survive the completion or termination of any engagement. Our handling of personal data is additionally governed by our Privacy Policy and the Digital Personal Data Protection Act, 2023 and the Information Technology Act, 2000 (and rules thereunder).

We will perform our Services with reasonable skill and care and in a professional manner consistent with industry practice. Support is provided in accordance with our SLA & Support Policy during Monday to Saturday, 10:00 AM to 7:00 PM IST, excluding national and state public holidays. Except as expressly stated in these Terms or a signed Service Agreement, and to the maximum extent permitted by law, our website, Products, and Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the website or Services will be uninterrupted, error-free, or free of vulnerabilities, or that any particular commercial, ranking, or performance outcome will be achieved. Additional disclaimers, including in relation to digital marketing results, AI/ML outputs, and third-party dependencies, are set out in our Disclaimer, which forms part of these Terms.

To the maximum extent permitted under applicable law, neither party will be liable to the other for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for loss of profits, revenue, data, goodwill, or business opportunity, even if advised of the possibility of such damages. Subject to the preceding paragraph, and to the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with these Terms or any engagement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees actually paid by you to us for the relevant service in the twelve (12) months immediately preceding the event giving rise to the claim. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable Indian law, including liability for fraud, wilful misconduct, or death or personal injury caused by negligence.

You agree to indemnify, defend, and hold harmless BetaZen Infotech Private Limited, its directors, employees, and authorised representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: • Your breach of these Terms or any incorporated policy or Service Agreement. • Your misuse of the website, Products, or Services, or violation of the Acceptable Use Policy. • Any content, data, or materials you supply that infringe the rights of a third party or violate applicable law. • Your violation of any applicable law or regulation, or of any third-party rights. We will notify you of any such claim and may, at our option, participate in its defence. This obligation survives termination of your engagement with us.

These Terms apply from the moment you first access our website or engage our Services and continue until terminated in accordance with this section or the applicable Service Agreement. We may suspend or terminate your access, account, or an ongoing engagement, in whole or in part, with immediate effect where you materially breach these Terms, fail to make payment when due, misuse the Services, or where required by law. Where practicable and appropriate, we will give notice and an opportunity to remedy a curable breach. Either party may terminate an engagement in accordance with the notice and cancellation terms of the applicable Service Agreement and our Cancellation Policy. On termination, you must pay all fees for Services performed and costs incurred up to the effective date of termination. Sections concerning intellectual property, confidentiality, fees due, limitation of liability, indemnification, and dispute resolution survive termination.

We will not be liable for any delay or failure to perform our obligations where such delay or failure results from events beyond our reasonable control. These may include acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, strikes, government action or restrictions, failures of power, internet, telecommunications, hosting, or third-party service providers, and cyber-attacks. Upon the occurrence of such an event, the affected obligations will be suspended for the duration of the event, and timelines will be extended accordingly. If a force majeure event continues for a prolonged period, either party may terminate the affected engagement on written notice, subject to payment for Services already performed.

These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or formation are governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles. Subject to the Dispute Resolution section below, the courts at Kolkata, West Bengal, India will have exclusive jurisdiction over any matter arising out of or relating to these Terms.

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or any engagement, the parties will first attempt to resolve the matter amicably through good-faith discussions within 30 days of written notice of the dispute. If the dispute is not resolved through such discussions, it will be referred to and finally resolved by arbitration under the the Arbitration and Conciliation Act, 1996. The arbitration will be conducted by a sole arbitrator appointed by mutual agreement of the parties, the seat and venue of arbitration will be Kolkata, and the language of the arbitration will be English. The arbitral award will be final and binding on the parties. Nothing in this section prevents either party from seeking urgent interim or injunctive relief from the competent courts at Kolkata, West Bengal, India.

You agree to use our website, Products, and Services lawfully and responsibly, and in accordance with our Acceptable Use Policy. Without limitation, you must not use our Services to transmit unlawful, defamatory, obscene, or infringing content; to send spam or unsolicited communications in breach of applicable law; to distribute malware or attempt unauthorised access to any system; to interfere with or disrupt the website or its infrastructure; or to engage in any activity that violates the rights of others or any applicable law, including the Information Technology Act, 2000. We reserve the right to investigate suspected breaches and to suspend or terminate access where a breach is found, without prejudice to our other rights and remedies.

We may update or amend these Terms from time to time to reflect changes in our Services, business practices, or legal and regulatory requirements. The revised Terms will be posted on betazeninfotech.com and take effect from the date of publication. Where changes are material, we will take reasonable steps to notify you, for example by email or through a notice on the website. Your continued use of the website, Products, or Services after the revised Terms take effect constitutes your acceptance of them. If you do not agree to the revised Terms, you should discontinue use of our website and Services.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent authority, that provision will be modified to the minimum extent necessary to make it enforceable or, if that is not possible, severed, and the remaining provisions will continue in full force and effect. Our failure or delay in exercising any right or remedy under these Terms will not constitute a waiver of that right or remedy, and no single or partial exercise of any right will preclude any further exercise of it. Any waiver must be in writing to be effective. These Terms, together with the incorporated policies and any applicable Service Agreement, constitute the entire agreement between you and us in relation to their subject matter.

If you have any questions, concerns, or grievances regarding these Terms or our Services, please contact us using the details below and we will endeavour to respond promptly. • BetaZen Infotech Private Limited (CIN U62099WB2023PTC265741) • Email: info@betazeninfotech.com • Alternate email: connect@betazeninfotech.com • Phone / WhatsApp: +91 78900 00199 • Registered office: 1/A, 603, 6th Floor, Saltee Plaza 1, Khudiram Bose Sarani, near ILS Hospital, K.B. Sarani, Arjunpur, Kaikhali, Kolkata, West Bengal 700028 Grievances relating to personal data or IT Act matters will be addressed in accordance with our Privacy Policy and the applicable provisions of the Digital Personal Data Protection Act, 2023 and the Information Technology Act, 2000 (and rules thereunder).