Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the websites, services, and products provided by Genposys Technologies Private Limited ("Company", "we", "our", or "us"). These Terms are binding under the laws of India and are intended to comply with international regulatory frameworks such as the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and other applicable laws.

Acceptance of Terms

By accessing or using our website or services, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must not use our services.

Eligibility

Users must be at least 18 years old or the age of majority in their jurisdiction to access and use our services.

International Compliance

We comply with applicable data protection and privacy laws globally including, but not limited to, the GDPR (EU), UK GDPR, LGPD (Brazil), PIPEDA (Canada), CCPA (California, USA), and PDPB (India). Users are responsible for complying with local laws.

Use of Services

• You shall use the services in accordance with applicable laws and shall not infringe on any third-party rights.
• You must not engage in any activity that interferes with or disrupts the services or the servers and networks connected to the services.

Intellectual Property and Content Ownership

Genposys Technologies Private Limited ("Genposys") shall not be held liable for any intellectual property infringement arising from content, materials, or data submitted by the client. The client assumes full legal responsibility for ensuring that all materials, including but not limited to text, images, logos, designs, and media files, provided to Genposys do not infringe on third-party intellectual property rights.

All content submitted to Genposys by the client is considered to be legally owned or appropriately licensed by the client. Genposys shall not be responsible for verifying ownership or licensing of client-provided content.

Copyright and Ownership

The copyright of the completed and assembled website, including all design elements, layout, and integrated text as created by Genposys, shall remain the exclusive property of Genposys Technologies Private Limited until the final and full payment has been received.

Upon completion of payment in full, Genposys grants the client a non-exclusive, non-transferable, limited license to use the website and its content for their own business or personal use. This license does not include ownership or rights to:

• Project source code (HTML, CSS, JavaScript, backend scripts, or compiled applications)
• Work-up files, templates, or layered design files (e.g., PSD, XD, Figma, etc.)
• Third-party licensed components, libraries, or stock images

These elements shall remain the intellectual property of Genposys or their respective third-party licensors, unless otherwise agreed in a separate, explicit written agreement.

Portfolio Rights

Genposys Technologies Private Limited reserves the right to display completed website designs, graphics, or any public-facing components of the project in its company portfolio, case studies, and marketing materials, unless otherwise agreed upon in writing.

Source Code Policy

Under no circumstance shall Genposys sell, license, transfer, or distribute the source code of any website, application, or software solution to the client or any third party. The complete intellectual property rights to the source code, logic, and framework used in the development of any project shall remain exclusively with Genposys Technologies Private Limited. Clients may request source code access under a separate commercial license agreement subject to additional terms and fees, at the sole discretion of Genposys.

Use of Third-Party APIs and Software

Genposys Technologies Private Limited ("Genposys") may utilize third-party APIs, SDKs, frameworks, libraries, or software ("Third-Party Components") as part of the project development process.

While we strive to work with reliable and stable components, Genposys does not control or guarantee their performance or availability. Therefore:

• We are not responsible for any faults, bugs, crashes, discontinuations, or changes in pricing or availability of these third-party tools.
• Clients acknowledge and accept that continued use of such tools depends on the third-party provider's terms and operations.
• If such a tool is discontinued or causes issues, we may suggest alternatives, which may incur additional costs and time.

By accepting our Terms and Conditions, the client agrees to bear all risks related to the integration or dependence on third-party APIs or software in the project.

Data Privacy and Protection

Our collection and use of personal information are governed by our Privacy Policy and applicable laws. You have rights under various data protection laws which include access, rectification, and deletion of your data.

Limitation of Liability

To the fullest extent permitted by law, Genposys disclaims any liability for indirect, incidental, special, consequential or punitive damages, or loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of our services.

Payment Terms

All fees for services provided by Genposys Technologies Private Limited must be paid by the client in accordance with the terms outlined below:

• Quotation & Invoicing: All prices quoted are valid for 15 days unless otherwise specified. An official invoice will be raised upon project confirmation.
• Payment Schedule:
  • 50% advance before project commencement
  • 30% at milestone/beta delivery
  • 20% before final delivery or deployment
• Accepted Methods: NEFT, RTGS, UPI, PayPal, Stripe, Credit/Debit Cards, Bank Transfers
• Taxes: GST (18%) is applicable for Indian clients. All international transaction charges are borne by the client.
• Late Payments: Attract 2% interest per month after 7 days of invoice due date. We may suspend services after 14 days of non-payment.
• Refunds: Advance payments are non-refundable once work starts. No refund post-milestone delivery.
• Disputes: Subject to jurisdiction in Kolkata, India, or mutually agreed locations.
• Compliance: We comply with Indian laws including GST, IT Act, and FEMA. International clients must follow local laws.

Indemnification

You agree to indemnify, defend, and hold harmless Genposys, its affiliates, and their respective officers, directors, and employees from any claims, liabilities, damages, losses, and expenses arising out of your violation of these Terms.

Scope and Budget Flexibility

Project timelines, deliverables, and budgets are subject to refinement during planning and development. Genposys Technologies Private Limited ("Genposys") will make every effort to meet proposed schedules and budgets; however, changes may be necessary. If the budget is expected to exceed by more than 10%, or the timeline significantly shifts, a revised estimate will be presented for approval prior to continuation.

Right to Terminate the Contract

Genposys reserves the right to terminate any agreement without prior notice in the event of:

• Non-payment or late payment by the client
• Abuse, misconduct, or unprofessional behavior by the client
• Violation of contract terms
• Any reasonable business justification making continuation impractical

Termination by the Client

If the client chooses to terminate the contract early:

• All outstanding dues must be paid in full
• Client must compensate Genposys for the full value of the project, including partial work
• No refunds will be issued for work already delivered or initiated

Transfer of Access & Data Upon Termination

After all dues are cleared:

• Genposys will transfer access credentials for domain, hosting, or relevant services
• Source code or development files will not be released unless contractually agreed
• Unpaid services will remain inaccessible until full settlement

Client Relationship Ownership

Upon termination, all end-user or business relationships managed or initiated by Genposys during the project shall remain Genposys’ proprietary contacts. These clients will be treated as exclusive to Genposys for ongoing or future services, unless explicitly agreed otherwise.

Termination

We reserve the right to terminate or suspend your access to our services at our discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users or us.

Jurisdiction and Dispute Resolution

These Terms shall be governed by the laws of India. Disputes shall be subject to the exclusive jurisdiction of the courts in Kolkata, West Bengal. For international users, local dispute resolution mechanisms will apply where required by law.

Export Control

Use of our services may be subject to export and re-export control laws and regulations. You agree to comply with all such laws and regulations.

Modification of Terms

We reserve the right to modify these Terms at any time. Continued use after changes constitutes your acceptance. We encourage you to review the Terms regularly.

Contact Us

If you have questions about these Terms, please contact:

Genposys Technologies Private Limited
Email: info@genposys.com
Website: https://www.genposys.com