Effective Date: 01/06/2026
These Terms and Conditions apply to all services offered by MaxCode IT Services, including but not limited to website development, software development, SaaS products, app development, and related IT services. By approving a quotation, sharing confirmation on call/message/email, or making any project payment, the client is deemed to have accepted all terms listed below.
All charges, pricing, and quotations shared by MaxCode IT Services are based on the current date and prevailing market/service-provider rates at the time of quotation. These charges may increase or decrease in the future due to provider pricing revisions, policy changes, taxes, currency fluctuation, or scope changes.
1. Software/Services Payment Structure
The standard payment structure for all software development, services, and work assignments is as follows:
- For work assignments with a total project value of ₹50,000 or less, 100% advance payment is mandatory before starting the work.
- For work assignments with a total project value above ₹50,000, 60% advance payment is mandatory before starting the work.
- An additional 20% payment shall become due upon approximately 60% completion of the project.
- The remaining 20% payment must be cleared before final delivery, deployment, launch, source code handover, administrative access transfer, or any other project handover activity.
- If a client, or any of its associated individuals, organizations, businesses, government departments, or affiliated entities, has previously delayed payments, defaulted on outstanding dues, or failed to clear invoices for any software, service, or project provided by MaxCode IT Services, the MaxCode IT Services reserves the right to require up to 100% advance payment for any future project, software, subscription, renewal, or service before commencement of work.
Note: The final payment structure, milestone schedule, and payment terms for any project shall be determined solely by MaxCode IT Services and may vary depending on project scope, complexity, and commercial requirements.
2. Milestone and Payment Delay Policy
When a milestone is reached, the corresponding invoice becomes payable. If payment is delayed:
- Work may be paused until outstanding dues are cleared.
- Timeline commitments may shift proportionately.
- A late payment charge of up to 5% per month may be applied on overdue amounts at the discretion of MaxCode IT Services.
- For outstanding payments, the customer will be contacted up to 3 times within 7 days through Email, WhatsApp, Call or any other available communication channel. If payment is not cleared even after these contact attempts, the final decision and action regarding the outstanding dues shall be solely determined by MaxCode IT Services. MaxCode IT Services reserves the right to suspend development, support, deployment, maintenance, hosting, or any related services until all outstanding dues are cleared. Thereafter, the final decision regarding project continuation, service suspension, termination, delivery, or future engagement shall rest solely with MaxCode IT Services.
3. Scope of Work and Change Requests
The approved quotation/proposal defines the project scope. Any requirement beyond that scope will be considered out-of-scope and charged separately. Out-of-scope items include, but are not limited to:
- New modules, features, functionalities, pages, reports, dashboards, user roles, permissions, workflows, or custom requirements not included in the approved quotation or initial project scope shall be considered out-of-scope and charged separately.
- Major design revisions, UI/UX modifications, layout changes, branding updates, or redesign requests submitted after approval shall be treated as additional work and may incur additional charges.
- Third-party APIs, payment gateways, software licenses, plugins, integrations, subscriptions, or external services not specifically mentioned in the quotation are excluded from the project scope and shall be charged separately.
- Any request to change the technology stack, platform, database structure, system architecture, workflow, or core project requirements after development has commenced may result in revised timelines, additional costs, or project re-evaluation.
- For any specific feature, module, page, design, or functionality, only one (1) round of modification, enhancement, customization, correction, or revision shall be included. Any further modification, enhancement, customization, revision, or change request related to the same item, whether during the project or after project completion, shall be treated as a separate chargeable service.
- Any delay caused by changes in requirements, content submission, approvals, feedback, payment delays, or third-party dependencies may result in revised project timelines, additional costs, service suspension, or other actions as determined by MaxCode IT Services.
4. Non-Refundable Payment Clause
The following points outline the non-refundable payment policy of MaxCode IT Services:
- All advance payments, milestone payments, partial payments, setup charges, consultation fees, and project-related payments made to MaxCode IT Services shall be non-refundable once project planning, resource allocation, design, development, technical setup, domain registration, hosting activation, third-party service procurement, or any project-related work has commenced.
- This non-refundable policy applies irrespective of project cancellation, suspension, delay, change of requirements, change of business decisions, or discontinuation of services by the client.
- Since resources, manpower, infrastructure, planning efforts, and technical services are specifically allocated for each client project, no refund shall be issued for work already completed, services rendered, or resources utilized.
- This non-refundable clause also applies to all service payments including Digital Marketing, Social Media Marketing, Content Creation, SEO Services, Branding, Graphic Design, Video Production, Consultation, Training, Support, Maintenance, and all other services offered by MaxCode IT Services. Any advance or partial payment for these services shall be non-refundable once the work has commenced.
- However, MaxCode IT Services reserves the sole right to review exceptional circumstances and make the final decision regarding any refund request.
5. Final Delivery and Handover Conditions
The following conditions apply to final delivery and project handover:
- Final delivery, deployment, launch, source code handover, project files, databases, documentation, administrative access, credentials, licenses, and any other project-related assets (where applicable) shall be provided only after full payment clearance and settlement of all outstanding dues.
- MaxCode IT Services reserves the right to withhold, suspend, restrict, or delay final delivery, deployment, publication, source code handover, domain transfer, hosting transfer, administrative access, or any related services until all pending payments and obligations have been fulfilled by the client.
- Upon successful handover and project completion, the client shall be responsible for the management, operation, maintenance, security, content updates, and usage of the delivered project unless covered under a separate maintenance or support agreement with MaxCode IT Services.
- Any additional support, modifications, enhancements, maintenance, migration, troubleshooting, training, or technical assistance requested after final delivery may be subject to separate charges as determined by MaxCode IT Services.
6. Maintenance and Support
The following terms apply to maintenance and support services:
- After successful project delivery, MaxCode IT Services shall provide fifteen (15) days of basic support from the date of delivery at no additional cost. This support is limited to bug fixes, error corrections, and issue resolution directly related to the delivered project and existing approved scope of work.
- The complimentary support period does not cover new features, functionality enhancements, design modifications, content updates, third-party integrations, server-related issues, hosting-related issues, platform upgrades, training, consultation, or any changes beyond the original project scope.
- After the expiration of the 15-day support period, all maintenance, technical support, upgrades, modifications, troubleshooting, content updates, server management, application monitoring, and related services shall be chargeable as per the prevailing rates of MaxCode IT Services.
- Separate AMC (Annual Maintenance Contract), Support Plans, or Service Agreements may be offered based on the project type, complexity, and client requirements.
7. Cancellation and Termination Policy
The following terms apply to project cancellation and termination:
- If a client cancels, suspends, abandons, or terminates a project after commencement, all advance payments, milestone payments, setup charges, and payments made towards third-party services shall remain non-refundable.
- Cancellation charges shall be determined based on the actual work completed, resources allocated, development hours consumed, project planning efforts, third-party purchases, licenses, subscriptions, and other project-related expenses incurred up to the date of cancellation.
- If the value of completed work, consumed resources, or incurred expenses exceeds the amount already paid by the client, the client shall be liable to pay the outstanding balance before project closure.
- MaxCode IT Services reserves the right to terminate, suspend, or refuse continuation of any project or service in cases of non-payment, prolonged inactivity, repeated delays, abusive behavior, policy violations, or any circumstance that may adversely affect business operations.
- Upon project cancellation or termination, MaxCode IT Services shall not be obligated to provide source code, project files, credentials, deliverables, or partially completed work until all outstanding dues and obligations have been settled.
- The final decision regarding project cancellation, termination, settlement of dues, work valuation, deliverables, and future engagement shall rest solely with MaxCode IT Services.
8. Portfolio and Marketing Rights
The following terms apply to portfolio and marketing rights:
- MaxCode IT Services reserves the right to showcase completed projects, project screenshots, client logos, project descriptions, testimonials, and summary case studies on its website, portfolio, presentations, social media platforms, marketing materials, and other promotional channels for demonstration, branding, and marketing purposes.
- Unless otherwise agreed in writing, the client grants MaxCode IT Services a non-exclusive right to reference the completed project as part of its portfolio and promotional activities.
- No confidential information, proprietary business data, source code, customer records, trade secrets, or sensitive project information shall be disclosed without the client's prior written consent.
- If a valid Non-Disclosure Agreement (NDA) or confidentiality agreement has been mutually executed, MaxCode IT Services shall comply with the applicable confidentiality obligations and restrictions specified therein.
- MaxCode IT Services reserves the right to use project-related information for portfolio and marketing purposes unless such usage is expressly restricted through a mutually signed NDA or written agreement.
9. Ownership of SaaS Products
The following terms apply to ownership of SaaS products:
- All ownership rights, intellectual property rights, copyrights, trademarks, source code rights, licensing rights, databases, system architecture, and related proprietary rights of any SaaS (Software as a Service) product, platform, application, or service developed, operated, or maintained by MaxCode IT Services shall remain the exclusive property of MaxCode IT Services.
- Clients are granted only a limited, non-exclusive, non-transferable right to access and use the SaaS product in accordance with their subscribed plan, license, or service agreement.
- The use of any SaaS product does not grant the client any ownership, source code access, resale rights, modification rights, distribution rights, or intellectual property rights unless expressly agreed in writing by MaxCode IT Services.
- MaxCode IT Services reserves the right to modify, upgrade, suspend, discontinue, or change features, pricing, licensing terms, and service offerings of its SaaS products at its sole discretion.
- Upon termination, expiration, or cancellation of a SaaS subscription, the client's access to the SaaS platform may be restricted, suspended, or terminated in accordance with the applicable service terms.
SaaS Products, Subscription Services, and Data Responsibility
- For SaaS (Software as a Service), Subscription-Based Products, Cloud Platforms, Hosted Applications, and Software Solutions owned and operated by MaxCode IT Services, including but not limited to FlashChat, WhatsApp Solutions, Fiber Device Management, and similar services, ownership of the platform, source code, databases, infrastructure, architecture, and intellectual property shall remain exclusively with MaxCode IT Services at all times.
- Clients are granted only a limited, non-exclusive, non-transferable right to access and use the subscribed service during the active subscription period.
- MaxCode IT Services may maintain reasonable backup and security measures for SaaS products; however, no guarantee is provided regarding permanent data retention, unlimited backup availability, uninterrupted service, disaster recovery, or data restoration unless specifically covered under a separate written agreement.
- The client is solely responsible for maintaining copies and backups of any business-critical data, reports, documents, exports, media files, customer information, or other content stored within the SaaS platform.
- MaxCode IT Services shall not be held liable for any loss of data, corruption of records, cyber attacks, hacking incidents, malware, ransomware, unauthorized access, third-party service failures, hosting failures, cloud infrastructure failures, internet outages, force majeure events, account suspension, or any circumstances beyond its reasonable control.
- Upon subscription expiry, cancellation, non-renewal, account termination, prolonged inactivity, policy violation, or non-payment, MaxCode IT Services reserves the right to suspend, restrict, archive, delete, or permanently remove client data, account access, backups, and associated records without any liability unless otherwise required under a separate written agreement.
- Any request for data recovery, account restoration, backup restoration, migration, export, reconstruction, or retrieval after suspension, deletion, or account termination shall be treated as a separate chargeable service and shall be provided only if technically feasible and if the relevant records remain available.
10. Ownership of Custom Development Projects
The following terms apply to ownership of custom development projects:
- For custom software, website, mobile application, ERP, CRM, and other custom development projects, ownership of the final project deliverables shall transfer to the client only after fulfillment of all the conditions mentioned below.
- Full (100%) payment of all invoices, outstanding dues, and project-related charges must be cleared by the client.
- Settlement of all change requests, additional work orders, modification requests, and related charges must be completed.
- Fulfillment of all contractual obligations by both MaxCode IT Services and the client.
- Upon successful completion of the above conditions, the client shall receive ownership and usage rights only for the specifically developed project and its agreed deliverables.
- The client may request ownership transfer, source code handover, project files, databases, credentials, and related deliverables within thirty (30) days from the date of project completion. Requests made after the 30-day period may be subject to a maintenance and retrieval fee of ₹5,000 plus applicable GST, payable by the client before processing the ownership transfer request.
- Once ownership, source code, project files, credentials, databases, and related deliverables have been handed over to the client, all responsibility for backup, storage, security, maintenance, management, and future usage shall rest solely with the client. MaxCode IT Services shall not be obligated to retain, maintain, recover, restore, or provide any backup copies after ownership transfer unless otherwise agreed in writing.
- In the event that the client loses, deletes, damages, or mismanages the source code, project files, databases, credentials, or any related deliverables after ownership transfer, MaxCode IT Services shall not be held responsible, and any recovery, redevelopment, restoration, or reconstruction work shall be treated as a separate chargeable service, subject to feasibility.
- Any third-party software, libraries, frameworks, APIs, plugins, themes, templates, tools, licenses, hosting services, domains, or external components used in the project shall remain subject to their respective licenses and ownership terms and shall not be transferred as the intellectual property of the client.
- Any proprietary frameworks, reusable code libraries, modules, templates, tools, utilities, automation systems, methodologies, or internal technologies developed or owned by MaxCode IT Services shall remain the exclusive property of MaxCode IT Services, even if used within the client's project.
- The client shall not acquire ownership rights to such proprietary components and may use them only as part of the delivered project. Such components may not be extracted, copied, resold, sublicensed, redistributed, reverse engineered, or reused in any other project without prior written consent from MaxCode IT Services.
- In the event that the client requests future modifications, enhancements, integrations, maintenance, troubleshooting, upgrades, or additional development services from MaxCode IT Services after ownership transfer, the client shall provide the necessary access, credentials, source code, server access, hosting access, database access, and other required permissions to facilitate such work.
- MaxCode IT Services reserves the right to showcase non-confidential portions of the completed project in its portfolio and marketing materials unless otherwise agreed in writing.
Data Backup, Security, and Limitation of Liability
- The client is solely responsible for maintaining independent backups of all project data, source code, databases, files, content, credentials, and digital assets following project delivery, ownership transfer, or ongoing project usage. We typically enable server backups to back up databases for all projects, but these are third-party services over which MaxCode IT Services has no control. MaxCode IT Services is not responsible for any losses resulting from a hacker attack.
- For operational convenience, some projects may utilize server-level backup services, database backup services, cloud backup services, or other third-party backup solutions. Such services are owned, managed, and controlled by third-party providers, and MaxCode IT Services does not guarantee their availability, retention period, reliability, integrity, or recoverability.
- MaxCode IT Services shall not be held liable for any loss of data, source code, files, databases, content, credentials, digital assets, business information, revenue, profits, customers, or business opportunities arising from cyber attacks, hacking incidents, malware, ransomware, unauthorized access, hosting failures, server crashes, hardware failures, software failures, third-party service interruptions, internet outages, force majeure events, or any other circumstances beyond its reasonable control.
- In cases where ownership transfer, source code handover, or project handover has not been requested or completed by the client, MaxCode IT Services may retain project files, backups, or related assets solely as a courtesy and operational convenience. Such retention shall not create any obligation to permanently store, maintain, preserve, recover, restore, or reproduce any project data, source code, databases, files, or digital assets.
- The client acknowledges and agrees that MaxCode IT Services does not provide permanent storage, archival services, guaranteed backup retention, disaster recovery services, or data preservation services unless expressly covered under a separate paid maintenance, support, backup, or service agreement.
- If any project data, source code, databases, files, credentials, or digital assets are lost, corrupted, deleted, compromised, inaccessible, or otherwise affected for any reason, MaxCode IT Services shall not be responsible for any direct, indirect, incidental, consequential, financial, business, or operational losses suffered by the client.
- Any data recovery, restoration, reconstruction, migration, redevelopment, troubleshooting, or recovery-related work requested after such loss shall be treated as a separate chargeable service and shall be performed only if technically feasible and subject to the availability of records, backups, and resources.
- Client is advised to maintain independent backups at all times. Any data recovery, restoration, reconstruction, or redevelopment services requested after data loss will be considered a separate, chargeable service, depending on the feasibility and availability of records.
11. Client Communication, Delay and Dependency Responsibility
- Project timelines, delivery schedules, and milestone commitments are dependent upon the timely submission of client feedback, approvals, content, credentials, documents, access details, third-party information, and all other required materials.
- The client shall be solely responsible for providing all necessary information, approvals, confirmations, content, credentials, licenses, and project-related inputs within the requested timeframe.
- Any delay, non-response, incomplete information, change in requirements, delayed approvals, delayed payments, unavailability of key decision-makers, or failure to provide required materials by the client may result in revised project timelines, delayed delivery, additional costs, or temporary suspension of work.
- MaxCode IT Services shall not be held responsible for any project delays, missed deadlines, timeline extensions, business losses, or service interruptions arising directly or indirectly from client-side delays, third-party dependencies, government approvals, service provider delays, or circumstances beyond its reasonable control.
- If the client remains unresponsive for a period exceeding thirty (30) consecutive days, MaxCode IT Services reserves the right to place the project on hold, revise delivery timelines, reallocate resources, archive project files, or apply applicable reactivation and maintenance charges before resuming work.
- The final decision regarding project scheduling, timeline revisions, resource allocation, project reactivation, and delivery commitments shall rest solely with MaxCode IT Services.
12. Project Closure, Payment Delay & License Rights
- Once the project is completed and testing credentials, preview links, or deliverables are shared with the client, the client shall review, test, and provide approval, feedback, or observations within fifteen (15) days. If no response is received after three (3) follow-up attempts through Email, WhatsApp, Telephone Call, or other available communication channels, the project shall be deemed accepted, completed, and closed as per the approved requirements.
- If the client fails to clear outstanding dues, delays payment, repeatedly postpones payment, or remains unresponsive, MaxCode IT Services reserves the right to suspend delivery, deployment, support, maintenance, access, source code handover, ownership transfer, hosting services, licenses, or any related services until all dues are fully settled.
- If any outstanding payment remains unpaid for more than twenty (20) days after project completion, MaxCode IT Services reserves the right to place the project on hold, suspend services, revoke pending delivery commitments, archive project resources, and reallocate development resources to other projects.
- Any ownership rights, source code rights, project files, databases, credentials, licenses, or deliverables shall remain with MaxCode IT Services until all outstanding payments, contractual obligations, and applicable charges have been fully cleared by the client.
- If the client later wishes to resume, reactivate, reclaim, modify, or continue the project after prolonged inactivity, suspension, or non-payment, MaxCode IT Services may treat such work as a new service request and additional development, maintenance, restoration, reactivation, or support charges may apply without adjustment of previously paid amounts.
- The final decision regarding project closure, reactivation, ownership transfer, service continuation, and applicable charges shall rest solely with MaxCode IT Services.
13. Google Play Store Timeline Disclaimer
- For Android application projects, app publishing, review, policy verification, testing approvals, production access, account verification, and public release approvals are governed solely by Google Play Store policies and processes.
- Google Play Store may take up to fourteen (14) days for Internal Testing Approval and up to an additional fourteen (14) days for Final Review, Production Access, and Public Publishing Approval. However, actual review timelines may vary depending on application category, account history, policy compliance checks, security reviews, verification requirements, and other factors determined by Google.
- Any timeline communicated by MaxCode IT Services applies only to application development, testing, and submission activities and does not include Google-controlled review, verification, approval, or publishing periods.
- MaxCode IT Services shall not be held responsible for any delay, rejection, suspension, policy violation notice, account verification issue, production access restriction, publishing restriction, app removal, or approval delay imposed by Google Play Store.
- If Google Play Store requires additional modifications, policy compliance updates, privacy policy changes, account verification documents, testing requirements, or technical corrections after submission, the client shall be responsible for providing the required information, approvals, and documents in a timely manner.
- Any delays caused by Google Play Store, Google policies, third-party verification processes, account-related issues, or client-side delays shall not be considered a delay on the part of MaxCode IT Services.
14. App Publishing Charges and Account Responsibility
- If a client wishes to publish a non-transactional Android application (where payments are not processed through the application) using MaxCode IT Services' Google Play Console account, they will be required to pay a one-time app publishing fee of ₹5,000 + applicable taxes.
- If a client wishes to publish an application using their Google Play Developer account, all Google Play Console registration fees, verification charges, subscription fees, and any other account-related charges to Google will be borne by the client. Additionally, MaxCode IT Services will be required to pay an app publishing service fee of ₹5,000 + applicable taxes.
- All app updates, version releases, bug-fix deployments, content updates, policy compliance updates, store listing changes, screenshots, graphics updates, metadata changes, and application re-submissions requested after the initial publication will be considered separate services and will be payable by the client at MaxCode IT Services' current rates.
- If Client continues to use development, maintenance, AMC, or support services from MaxCode IT Services, update charges may be provided at a discounted rate or waived at MaxCode IT Services' discretion. However, unless expressly agreed in writing, no free updates will be considered applicable.
- If Client terminates service with MaxCode IT Services and subsequently requests app publication, re-publication, updates, migration, transfer, or store-related support, applicable publishing and update charges will apply for each request.
- All Apple App Store Developer Program fees, subscription charges, verification fees, and annual renewal charges imposed by Apple are Client's sole responsibility and will be paid separately in accordance with Apple's current policies.
- MaxCode IT Services will not be responsible for any fees, penalties, account suspensions, policy violations, verification issues, publishing restrictions, or actions imposed by the Google Play Store, Apple App Store, or any other third-party platform provider.
15. GST and Tax Compliance
- All applicable taxes, including Goods and Services Tax (GST), Tax Deducted at Source (TDS), and any other statutory levies imposed by the Government of India or any competent authority, will be charged, collected, deducted, and paid in accordance with applicable laws and regulations.
- All quotations, proposals, estimates, plans, subscriptions, renewals, maintenance charges, support charges, publishing charges, and service fees provided by MaxCode IT Services to clients are subject to GST and other applicable taxes, unless otherwise expressly stated in writing.
- GST and other applicable taxes will be charged separately on all invoices, including advance payments, milestone payments, regular subscriptions, maintenance contracts, support services, renewals, and any other billable services, wherever applicable.
- The Client is responsible for providing accurate billing details, GST registration details (if applicable), and any other information required for tax compliance and invoicing purposes.
- Any changes to tax laws, GST rates, compliance requirements, government regulations, or legal obligations will be automatically implemented and may result in changes to invoicing, pricing, tax collection, or payment responsibilities, without requiring any modifications to any existing quotation, proposal, or agreement.
- MaxCode IT Services reserves the right to amend invoices, collect additional taxes, or recover legal dues if required under applicable laws, government notifications, tax assessments, audits, or regulatory requirements.
16. Third-Party Services, Renewals, and Charges
- Domains, web hosting, VPS servers, dedicated servers, cloud services, storage services, SSL certificates, SMTP services, APIs, software licenses, plugins, subscriptions, and other third-party services are governed by the respective service providers and their policies. All recurring, renewal, upgrade, usage-based, subscription, and related charges shall be the sole responsibility of the client unless expressly agreed otherwise in writing.
- Where a quotation, proposal, invoice, or service agreement specifically includes domain registration, hosting, server resources, storage, SSL certificates, email services, APIs, or any other third-party services for a defined period, such services shall be provided only for the included duration. Upon expiry of the included period, all renewal and recurring charges shall become payable by the client.
- If a complimentary or included domain is offered by MaxCode IT Services, it shall be limited to a standard .in domain extension only, subject to availability. Any premium, international, or alternative domain extensions including but not limited to .com, .org, .net, .co, .io, .ai, or premium domain names shall be chargeable separately and payable by the client.
- MaxCode IT Services shall not be responsible for any suspension, expiration, downtime, service interruption, account limitation, account termination, data loss, email disruption, API restrictions, policy changes, pricing revisions, or service discontinuation imposed by any third-party provider due to non-renewal, non-payment, policy violations, provider actions, or circumstances beyond the control of MaxCode IT Services.
- The client may renew services either through MaxCode IT Services or directly with the respective provider. Any renewal assistance, migration, transfer, setup, configuration, troubleshooting, management, restoration, recovery, or technical support services provided by MaxCode IT Services may be charged separately unless otherwise agreed in writing.
- MaxCode IT Services reserves the right to revise renewal, management, support, migration, or service charges based on changes in provider pricing, taxes, currency fluctuations, licensing policies, or operational costs.
- All renewal, subscription, AMC, maintenance, hosting, domain, server, cloud, API, license, and other recurring service charges shall be payable 100% in advance on or before the applicable renewal due date. MaxCode IT Services reserves the right to suspend, discontinue, or allow expiry of any service if the renewal payment is not received on time.
17. Meeting and Consultancy Charges
- Virtual meetings, online discussions, phone calls, and video consultations are generally free, unless otherwise stated.
- For any type of consultancy services such as project discussions, technical guidance, business advice, project planning, training sessions, office meetings, phone calls, WhatsApp calls, Google Meet, Zoom meetings, video calls and other consultancy services, ₹1,000 per hour + 18% GST = ₹1,180 per hour will be applicable. A minimum fee of ₹1,180 (including GST) will be payable, even if the consultation duration is less than one hour.
- Physical meetings, client-site visits, and on-site consultations may additionally attract travel, accommodation, food, local transportation, parking, and other related expenses, which shall be payable separately by the client.
- If the client proceeds with the discussed project or service and MaxCode IT Services receives the required advance payment within 7 days from the consultation date, any consultancy or meeting charges previously paid for that specific project/service shall be adjusted against the final project/service cost.
- If the client fails to approve the project/service and pay the required advance amount within 7 days from the consultation date, the consultancy and meeting charges shall neither be adjusted nor refunded.
- Upon receipt of the required advance payment and commencement of the project, all reasonable project-related discussions, consultations, meetings, calls, and coordination activities required for successful project completion shall be provided without additional consultancy charges until project completion. However, travel, accommodation, food, local transportation, parking, and other out-of-pocket expenses, if any, may still be chargeable separately.
- Consultancy fees and meeting charges shall apply irrespective of whether the client ultimately proceeds with the project, service, subscription, or business engagement.
- Entry into the office premises, participation in any meeting, consultation, discussion, technical guidance session, or business interaction with representatives of MaxCode IT Services shall constitute acknowledgment and acceptance of this policy.
- MaxCode IT Services reserves the sole right to determine the applicability, duration, scope, location, billing method, and charges of any consultation, meeting, advisory service, or business discussion on a case-by-case basis.
18. Payment Gateway Registration and Setup Charges
- Payment Gateway registration, onboarding, account setup, KYC assistance, document verification support, and related services for payment gateway providers including but not limited to Cashfree, Razorpay, PayU, PhonePe Payment Gateway, Zoho Payments, Easebuzz, CCAvenue, Stripe, and other payment service providers shall be chargeable at a one-time fee of ₹4,900 + applicable GST per application or registration request.
- The client shall be solely responsible for providing all required documents, business information, KYC details, bank account details, GST information (if applicable), website content, privacy policy, refund policy, terms and conditions, business proofs, and any other information or documentation requested by the payment gateway provider.
- Payment Gateway Registration and Setup Charges are non-refundable and shall remain payable irrespective of whether the payment gateway application is approved, rejected, placed on hold, requires additional verification, remains under review, is suspended, or is declined by the payment gateway provider for any reason whatsoever.
- MaxCode IT Services shall provide reasonable assistance during the registration and onboarding process; however, the final approval, rejection, activation, suspension, account limitations, risk review, KYC verification, and compliance decisions are solely determined by the respective payment gateway provider.
- MaxCode IT Services does not guarantee payment gateway approval, activation, onboarding timelines, transaction limits, settlement timelines, account status, or continued availability of payment gateway services.
- Any additional compliance work, re-application, re-submission, document correction, policy updates, website modifications, KYC updates, account reinstatement, or further assistance requested after the initial registration process may be subject to additional charges.
19. WhatsApp OTP Services and Wallet Recharge Policy
- If the client chooses to integrate WhatsApp OTP Services into their software, website, mobile application, SaaS platform, or any other solution, such services shall be provided through the WhatsApp messaging infrastructure, APIs, and service accounts operated or managed by MaxCode IT Services, unless otherwise agreed in writing.
- All OTP messages may be delivered using the approved WhatsApp Business Account, templates, sender identity, or messaging infrastructure associated with MaxCode IT Services.
- To activate WhatsApp OTP Services, the client shall be required to purchase an initial wallet credit of ₹5,000 + applicable taxes. The wallet amount shall be used for OTP delivery charges, authentication message charges, template charges, Meta charges, provider charges, and other applicable messaging charges.
- The applicable charges for each OTP message or template message shall be automatically deducted from the client's wallet balance as per the prevailing pricing applicable at the time of message delivery.
- Once the wallet balance is exhausted or becomes insufficient, WhatsApp OTP Services may automatically stop, pause, or fail to deliver messages until the client recharges the wallet with a sufficient amount.
- The client acknowledges that WhatsApp messaging charges, Meta charges, provider charges, template charges, conversation charges, and related fees may change from time to time based on revisions made by Meta, WhatsApp, service providers, aggregators, or other third-party vendors.
- MaxCode IT Services does not guarantee message delivery, delivery speed, template approval, account approval, conversation approval, or uninterrupted availability of WhatsApp OTP Services, as such services are dependent upon Meta, WhatsApp, network operators, third-party providers, and other external factors beyond the control of MaxCode IT Services.
- Any unused wallet balance shall remain non-refundable unless otherwise agreed in writing by MaxCode IT Services.
20. Client-Provided Content and Third-Party Account Responsibility
- The client shall be solely responsible for all content, images, videos, documents, logos, trademarks, software, databases, certificates, licenses, credentials, and other materials provided to MaxCode IT Services.
- The client represents and warrants that it possesses all necessary rights, permissions, licenses, and authorizations required for the use of such materials. MaxCode IT Services shall not be liable for any copyright infringement, trademark infringement, intellectual property dispute, legal claim, penalty, regulatory action, or damages arising from client-provided materials.
- The client shall also be solely responsible for maintaining compliance with the terms, policies, and requirements of any third-party platform, service, or provider, including but not limited to Google, Meta, WhatsApp, Apple, Microsoft, Amazon, Cashfree, Razorpay, PayU, Zoho, Hostinger, Cloudflare, OpenAI, and similar providers.
- MaxCode IT Services shall not be responsible for account suspension, account limitation, account verification failure, policy violations, service restrictions, account bans, payment holds, compliance issues, or any actions imposed by third-party service providers.
21. Data Migration, Platform Change, and AI Services Disclaimer
- Any request involving server migration, hosting migration, domain transfer, platform migration, database migration, payment gateway replacement, API replacement, software migration, cloud migration, technology stack changes, infrastructure upgrades, or similar activities shall be treated as a separate chargeable service unless expressly included in the approved quotation or agreement.
- MaxCode IT Services shall take reasonable efforts during migration activities; however, no guarantee is provided regarding zero downtime, uninterrupted availability, data integrity, data preservation, compatibility, or successful migration in all circumstances.
- For AI-powered solutions, integrations, chatbots, assistants, automation tools, and related services, the client acknowledges that outputs generated by artificial intelligence technologies may contain inaccuracies, omissions, incomplete information, unexpected results, or content that requires independent verification.
- MaxCode IT Services does not guarantee the accuracy, completeness, legality, reliability, suitability, or fitness of AI-generated outputs and shall not be liable for any decisions, actions, losses, damages, or consequences arising from the use of such outputs.
- The client further acknowledges that AI services, APIs, pricing structures, rate limits, model availability, features, policies, and service terms may be modified, restricted, suspended, discontinued, or changed by third-party AI providers at any time without notice, and MaxCode IT Services shall not be responsible for such changes.
22. Client-Provided Content and Intellectual Property Responsibility
- The client shall be solely responsible for ensuring that all content, images, videos, logos, trademarks, documents, software, data, and materials provided to MaxCode IT Services are lawfully owned, licensed, or authorized for use.
- MaxCode IT Services shall not be liable for any copyright infringement, trademark infringement, intellectual property dispute, legal claim, penalty, or damages arising from materials, content, or information supplied by the client.
23. Communication Records
- Emails, WhatsApp messages, SMS messages, voice recordings, call recordings, project management tools, support tickets, electronic communications, and written communications exchanged between the client and MaxCode IT Services may be relied upon as valid records of communication, approvals, instructions, confirmations, requirements, and project-related decisions.
24. Force Majeure
- MaxCode IT Services shall not be responsible for any delay, interruption, failure, or inability to perform services resulting from events beyond its reasonable control, including but not limited to natural disasters, floods, earthquakes, pandemics, government actions, internet outages, power failures, cyber incidents, war, civil disturbances, labor disputes, or failures of third-party service providers.
25. Contact Information and Notices
- The client is responsible for maintaining accurate and up-to-date contact information, including email addresses, phone numbers, billing details, and communication channels.
- Any notice, reminder, invoice, warning, payment follow-up, renewal notification, project update, suspension notice, or other communication sent to the client's last provided contact details shall be deemed delivered and received by the client.
26. Limitation of Liability
- MaxCode IT Services shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, financial, business, revenue, profit, goodwill, reputation, opportunity, customer, or data-related losses arising directly or indirectly from the use of any product, service, software, website, application, platform, consultation, or solution provided by MaxCode IT Services.
- MaxCode IT Services shall not be held responsible for any downtime, interruption, suspension, restriction, failure, data loss, performance issues, account limitations, policy changes, pricing changes, service discontinuation, or operational issues caused by third-party providers, including but not limited to hosting providers, domain registrars, cloud service providers, payment gateways, SMS providers, email providers, app stores, APIs, software vendors, telecommunication providers, government authorities, or any other third-party services.
- In the event of cyber attacks, hacking incidents, malware, ransomware, unauthorized access, accidental deletion, hardware failures, software failures, server failures, database corruption, force majeure events, internet outages, power failures, natural disasters, or any circumstances beyond the reasonable control of MaxCode IT Services, no liability shall arise against MaxCode IT Services for any resulting loss, damage, interruption, delay, or business impact.
- Where ownership transfer, source code handover, project handover, or SaaS access has been provided to the client, the client shall be solely responsible for backups, security, access management, operational management, compliance, and ongoing maintenance of the project, software, application, website, database, or related assets.
- The maximum aggregate liability of MaxCode IT Services, if any liability is established under applicable law, shall not exceed the total amount actually paid by the client to MaxCode IT Services for the specific service or project giving rise to the claim.
- The client agrees that no claim, compensation, damages, refund, reimbursement, or legal demand shall exceed the limits specified in these Terms and Conditions.
27. Jurisdiction and Dispute Resolution
- These Terms and Conditions shall be governed by and construed in accordance with the laws of India.
- In the event of any dispute, claim, disagreement, controversy, legal proceeding, recovery action, payment-related matter, contractual issue, service-related matter, ownership dispute, intellectual property dispute, or interpretation of these Terms and Conditions, both parties shall first make reasonable efforts to resolve the matter amicably through mutual discussions and negotiations.
- If the dispute cannot be resolved amicably, all disputes, claims, legal proceedings, suits, actions, or proceedings arising out of or relating to the services, products, payments, deliverables, agreements, quotations, proposals, subscriptions, renewals, or these Terms and Conditions shall be subject to the exclusive jurisdiction of the competent courts located in Dausa, Rajasthan, India.
- The client expressly agrees and consents to the exclusive jurisdiction and venue of the courts of Dausa, Rajasthan, India, and waives any objection to such jurisdiction based on location, convenience, or any other ground.
- MaxCode IT Services reserves the right to initiate recovery proceedings, legal actions, or other remedies available under applicable law for the recovery of outstanding dues, unpaid invoices, damages, or other liabilities.
28. Source Code and Deployment Rights
- Unless expressly agreed in writing, all source code, development frameworks, reusable modules, internal libraries, templates, utilities, deployment scripts, automation tools, methodologies, proprietary technologies, and development assets used or created by MaxCode IT Services shall remain the exclusive property of MaxCode IT Services.
- Access to source code repositories, Git repositories, CI/CD pipelines, deployment systems, development environments, server configurations, internal tools, and proprietary development assets is not included by default and shall only be provided where specifically agreed in writing and after full settlement of all applicable charges.
- Clients may receive the agreed deliverables, compiled builds, deployed applications, websites, software installations, or production-ready solutions as specified in the approved quotation, proposal, or agreement. Source code access, repository ownership, and deployment ownership shall only be transferred where explicitly included in the scope of work.
- Where source code handover or ownership transfer is included in the agreed scope, such transfer shall occur only after full payment clearance, completion of all contractual obligations, and settlement of all outstanding dues.
- Any proprietary frameworks, reusable code libraries, modules, templates, internal tools, automation systems, or development assets owned by MaxCode IT Services shall remain the exclusive property of MaxCode IT Services even if utilized within the client's project and shall not be deemed transferred to the client.
- The client shall not copy, extract, resell, sublicense, redistribute, reverse engineer, or reuse any proprietary MaxCode IT Services components, frameworks, libraries, or development assets in other projects without prior written permission from MaxCode IT Services.
- MaxCode IT Services reserves the right to retain copies of source code, deployment records, technical documentation, and project-related materials for internal compliance, support, audit, backup, legal, operational, or record-keeping purposes.
29. Service Suspension for Non-Payment
- MaxCode IT Services reserves the right to suspend, restrict, disable, pause, withhold, or terminate any service, project, subscription, hosting service, domain management service, SaaS platform access, application access, support service, maintenance service, API service, deployment activity, source code handover, ownership transfer, or any related service if any invoice, subscription fee, renewal fee, milestone payment, or other payable amount remains unpaid beyond the agreed payment period.
- Prior to service suspension, MaxCode IT Services may attempt to notify the client through Email, WhatsApp, Telephone Call, SMS, or any other available communication channel. However, failure to receive, read, or respond to such communication shall not prevent service suspension or affect the client's payment obligations.
- During the suspension period, project timelines, delivery commitments, support obligations, maintenance activities, hosting management, monitoring services, and other related responsibilities of MaxCode IT Services may remain suspended until all outstanding dues are fully settled.
- Services may be restored only after full payment of all pending dues, applicable taxes, late payment charges, reactivation charges, renewal charges, and any other outstanding amounts, as determined by MaxCode IT Services.
- MaxCode IT Services shall not be held liable for any loss of business, loss of revenue, service interruption, account suspension, downtime, missed opportunities, data loss, reputation impact, or other consequences arising from service suspension due to non-payment by the client.
- The final decision regarding service suspension, reactivation, restoration timelines, outstanding dues, and applicable charges shall rest solely with MaxCode IT Services.
30. Revision and Change Request Limit
- Unless otherwise specified in the approved quotation, proposal, or agreement, revision, modification, enhancement, customization, correction, or change requests shall be limited to one (1) revision per feature, module, page, design, functionality, or deliverable and must remain within the approved project scope.
- Any additional revision, redesign, modification, enhancement, customization, correction, or change request beyond the included revision limit shall be considered extra work and shall be chargeable separately as per the prevailing rates of MaxCode IT Services.
- Repeated change requests, requirement changes, redesign requests, scope modifications, or requests that impact completed work, approved milestones, project timelines, development effort, testing effort, or deployment activities may result in additional charges, revised timelines, or both.
- MaxCode IT Services reserves the right to determine whether a request constitutes a revision, enhancement, customization, new requirement, redesign request, or out-of-scope work.
- The final decision regarding revision limits, change requests, scope classification, applicable charges, and implementation timelines shall rest solely with MaxCode IT Services.
31. Testing, UAT, and Deemed Acceptance
- Upon delivery of testing credentials, staging access, preview links, demo environments, or any deliverable for review, the client shall be responsible for conducting User Acceptance Testing (UAT), reviewing the deliverables, and providing consolidated feedback, observations, approvals, or change requests within the communicated review period.
- The client shall ensure that all testing, verification, validation, and acceptance activities are completed within the specified review period. Any delay in testing, review, approval, or feedback may result in revised project timelines and delivery schedules.
- If no material issues, objections, or written feedback are received within fifteen (15) days from the date of delivery of the testing credentials, staging access, preview links, or deliverables, and after at least three (3) follow-up attempts by MaxCode IT Services through Email, WhatsApp, Telephone Call, or any other available communication channel, the deliverable shall be deemed accepted, approved, and completed as per the agreed scope and approved requirements.
- Any issues, defects, requests, enhancements, modifications, or change requests reported after deemed acceptance may be treated as a separate chargeable service, subject to the applicable support, maintenance, or change request policies of MaxCode IT Services.
- MaxCode IT Services shall not be responsible for delays, disputes, objections, or claims arising from the client's failure to perform timely testing, review, validation, approval, or User Acceptance Testing (UAT).
- The final decision regarding acceptance, approval status, review completion, testing closure, and project sign-off shall rest solely with MaxCode IT Services.
32. Confidentiality and Data Protection
- Both MaxCode IT Services and the client agree to maintain the confidentiality of all non-public business, technical, financial, operational, project-related, customer-related, and proprietary information exchanged during the course of the engagement and shall use such information solely for the purposes of providing, receiving, managing, or supporting the agreed services.
- Neither party shall disclose, distribute, publish, sell, transfer, or make available any confidential information to any third party without prior written consent of the other party, except where such disclosure is required by applicable law, regulatory authority, court order, government agency, or legal process.
- Confidential information may include, but is not limited to, business plans, source code, databases, customer information, login credentials, API keys, access credentials, financial information, pricing information, technical documentation, software architecture, trade secrets, proprietary methodologies, and other sensitive information.
- MaxCode IT Services shall implement reasonable administrative, technical, and operational measures to protect confidential information; however, no system, network, server, cloud platform, or communication channel can be guaranteed to be completely secure.
- MaxCode IT Services shall not be held liable for unauthorized access, data breaches, cyber attacks, hacking incidents, malware infections, ransomware attacks, third-party service failures, force majeure events, or any security incident beyond its reasonable control.
- The obligations contained in this section shall not apply to information that is publicly available, independently developed, lawfully obtained from a third party, or disclosed with the written consent of the relevant party.
- Any specific Non-Disclosure Agreement (NDA), Confidentiality Agreement, Data Processing Agreement (DPA), or similar agreement executed separately between the parties shall prevail to the extent of any conflict with this section.
33. Prohibited and Unlawful Use
- MaxCode IT Services reserves the right to refuse, suspend, restrict, terminate, or discontinue any project, service, subscription, hosting service, application, website, software solution, SaaS platform, or related service if it is determined, suspected, or reasonably believed that the client is using or intends to use the service for any unlawful, fraudulent, harmful, unethical, or prohibited purpose.
- Prohibited activities include, but are not limited to, fraud, phishing, scams, impersonation, identity theft, copyright infringement, trademark infringement, intellectual property violations, malware distribution, ransomware, hacking, unauthorized access, spamming, bulk unsolicited communications, fake reviews, deceptive practices, data theft, illegal surveillance, harassment, distribution of malicious content, or any activity prohibited under applicable laws, regulations, or platform policies.
- The client shall be solely responsible for all content, data, communications, transactions, products, services, and activities conducted through the website, application, software, platform, or service provided by MaxCode IT Services.
- MaxCode IT Services shall not be liable for any legal claims, penalties, fines, investigations, account suspensions, service restrictions, regulatory actions, or damages arising from the client's unlawful, unauthorized, misleading, or prohibited activities.
- If required by law, court order, government authority, regulatory body, law enforcement agency, hosting provider, domain registrar, payment gateway, app store, or any other competent authority, MaxCode IT Services may suspend services, remove content, restrict access, or disclose relevant information without prior notice to the client.
- The final decision regarding the identification, interpretation, suspension, restriction, or termination of any prohibited or unlawful use shall rest solely with MaxCode IT Services.
34. Severability and Terms Update
- If any provision, clause, section, or part of these Terms and Conditions is determined by a court, tribunal, regulatory authority, or competent jurisdiction to be invalid, illegal, unenforceable, or ineffective, such provision shall be deemed severed only to the extent necessary, and the remaining provisions of these Terms and Conditions shall continue in full force and effect.
- The failure of MaxCode IT Services to enforce any provision of these Terms and Conditions at any time shall not constitute a waiver of its right to enforce such provision or any other provision in the future.
- MaxCode IT Services reserves the right to modify, amend, update, replace, add, or remove any part of these Terms and Conditions at any time without prior notice, to reflect changes in business operations, services, pricing, legal requirements, regulatory obligations, technology, or industry practices.
- The latest version of the Terms and Conditions published by MaxCode IT Services shall apply to all ongoing, future, renewal, subscription-based, maintenance, support, and related services unless otherwise agreed in writing.
- Continued use of any service, product, platform, software, website, subscription, support plan, maintenance service, or engagement with MaxCode IT Services after the publication of revised Terms and Conditions shall constitute acceptance of such updated Terms and Conditions.
35. Acceptance of Terms
- By requesting a quotation, approving a proposal, accepting an estimate, signing an agreement, approving a work order, making any payment, paying an advance amount, purchasing a subscription, requesting project commencement, continuing to use any service, providing confirmation through Email, WhatsApp, SMS, Telephone Call, written communication, electronic communication, or otherwise engaging the services of MaxCode IT Services, the client acknowledges and confirms that they have read, understood, and agreed to be legally bound by these Terms and Conditions.
- The client further acknowledges that acceptance of any quotation, proposal, estimate, invoice, work order, agreement, subscription plan, renewal, payment request, project commencement request, or any payment made to MaxCode IT Services shall constitute full and unconditional acceptance of: (a) These Terms and Conditions; and (b) Any terms, conditions, policies, limitations, scope definitions, pricing terms, payment terms, ownership terms, support terms, renewal terms, or other provisions mentioned in the applicable quotation, proposal, estimate, invoice, agreement, work order, service document, or related communication issued by MaxCode IT Services.
- Such acceptance shall be valid whether provided through signature, payment, written confirmation, electronic confirmation, email, WhatsApp message, or any other form of communication, and shall remain legally binding even if a separate physical or digital signature has not been obtained.
- If the client does not agree with any provision of these Terms and Conditions or any applicable project-specific terms communicated by MaxCode IT Services, the client must refrain from purchasing, subscribing to, using, or continuing any service provided by MaxCode IT Services.
- These Terms and Conditions, together with any applicable quotation, proposal, estimate, invoice, agreement, work order, service document, or project-specific terms issued by MaxCode IT Services, shall govern all current, future, recurring, subscription-based, maintenance, support, renewal, consultancy, software development, website development, mobile application development, SaaS, hosting, domain, and related services unless otherwise agreed in writing.
36. Contact Information
If you have any questions regarding these Terms and Conditions, please contact us at:
Email: contact@maxcode.in
Phone: +916377241446
Address: New Mandi Road, Dausa (Raj.) 303303
Visit our contact page: https://www.maxcode.in/contact