Terms & Conditions

These Terms and Conditions ("Terms") form a legally binding agreement between you ("Client", "you", "your") and Kumar Sahil, an independent full-stack freelance developer ("Developer", "I", "me", "my"). By making an enquiry, accepting a project proposal, approving a quotation, or making any payment, you confirm that you have read, understood, and agree to be bound by these Terms.

I provide professional freelance software development and consulting services including full-stack web development, backend engineering, API development, frontend development, database design, software architecture consulting, code reviews, technical audits, maintenance, and related services. The exact scope of each engagement will be defined in a written proposal, quotation, or Statement of Work.

All projects begin with a written proposal outlining scope, deliverables, estimated timeline, pricing, and assumptions.

• Proposals remain valid for 14 calendar days unless otherwise stated
• Written approval or payment of a deposit constitutes acceptance
• Accepted proposals become part of these Terms
• Work outside the agreed scope may require a separate quotation and approval

Project fees, hourly rates, retainers, and payment schedules are specified in the applicable proposal.

• 50% deposit due before work commences unless otherwise agreed
• Remaining balance due before final handover
• Invoices are payable within 14 days unless otherwise agreed
• Monthly retainers are billed in advance
• Applicable taxes may be added where required by law
• Accepted payment methods will be specified in the proposal or invoice

Invoices may be issued for deposits, milestone payments, completed work, retainers, change requests, maintenance services, reimbursable expenses, or any other charges agreed between the parties.

• Invoices may be delivered electronically by email or through an agreed billing platform
• Unless otherwise stated in writing, invoices are payable within 14 calendar days from the invoice date
• The client is responsible for ensuring billing and contact information remains accurate and up to date
• Failure to receive an invoice due to incorrect contact information does not waive payment obligations
• Any invoice dispute must be raised in writing within 7 calendar days of the invoice date and must include reasonable details of the disputed amount
• Undisputed portions of an invoice remain payable according to the stated payment terms
• Reasonable administrative, collection, legal, recovery, or enforcement costs incurred in recovering overdue amounts may be added where permitted by applicable law
• All payments shall be made in the currency specified on the invoice unless otherwise agreed in writing

Invoices not paid by their due date may result in project delays and suspension of services.

• Reasonable late-payment fees or interest may be charged where permitted by applicable law
• Work may be paused until overdue balances are cleared
• Code, credentials, files, and deliverables may be withheld until payment is received in full
• Legal or debt-recovery action may be pursued when necessary

Included revision rounds are defined within the project proposal.

• Minor adjustments to approved work are considered revisions
• New features or functionality are considered change requests
• Major redesigns or architectural changes fall outside revision scope
• Additional modules, pages, integrations, or endpoints may incur additional charges

Estimated timelines are provided in good faith and depend on timely cooperation from all parties.

• Late provision of content, assets, credentials, or approvals may extend timelines
• Approved scope changes may affect delivery dates
• Client feedback, approvals, content, assets, credentials, or other requested information not provided within 2 business days may delay project milestones
• Project timelines and delivery dates will be extended by a reasonable period to account for delays caused by late client responses, approvals, content, assets, credentials, or other required information
• External dependencies and force majeure events may impact schedules
• Where a project has a fixed or accelerated timeline, timely client participation is essential and any delay in providing required feedback, approvals, content, assets, credentials, or other requested information may result in a corresponding extension of delivery dates

Timely communication and collaboration are essential for successful project delivery. Project timelines may be paused if required information, approvals, assets, feedback, or access credentials are not provided by the client.

• Project timelines automatically pause during periods where required client input is unavailable
• If the client remains unresponsive for more than 30 consecutive calendar days, the project may be classified as inactive
• If inactivity continues for more than 60 consecutive calendar days, the project may be considered abandoned and closed
• Payments already made remain non-refundable
• Resuming an abandoned project may require a revised proposal, updated pricing, and a new delivery schedule based on current availability

All project deliverables are subject to a review and acceptance process to ensure timely project completion.

• The client must review and provide feedback within 3 business days
• Feedback may consist of approval, revision requests, or rejection with explanation
• Deliverables will be deemed accepted if no response is received within 7 business days
• Once all included revision rounds have been completed and the deliverable substantially conforms to the agreed scope, the deliverable will be considered accepted and the relevant project phase completed
• Requests for changes after acceptance may be treated as new work and may require a separate quotation, approval, and additional fees
• Acceptance of a deliverable does not limit any applicable bug-fix or warranty obligations expressly included in the proposal or these Terms

The client agrees to cooperate and provide all necessary project requirements in a timely manner.

• Provide content, assets, credentials, and approvals promptly
• Designate a primary project contact
• Respond to questions and review requests within 3 business days
• Ensure supplied materials are legally owned or licensed
• Maintain backups of all systems and data

The client is responsible for all content, materials, assets, information, and instructions provided for use within a project.

• The client represents and warrants that it owns, controls, or has obtained all necessary rights, licences, permissions, and authorisations required for the use of any content, materials, trademarks, logos, images, videos, software, data, documents, or other assets supplied to the Developer
• The client is solely responsible for ensuring that supplied materials do not infringe any intellectual property rights, privacy rights, publicity rights, contractual obligations, or applicable laws
• The Developer is entitled to rely on the accuracy, completeness, and legality of materials provided by the client without independent verification
• The Developer is not responsible for reviewing or validating the legal status of client-provided content or materials
• Any delays, costs, claims, liabilities, or project impacts resulting from inaccurate, incomplete, unlawful, or unauthorised materials supplied by the client remain the client's responsibility

The relationship between the parties is that of independent contracting parties. Nothing in these Terms or any project engagement shall be interpreted as creating an employment, partnership, joint venture, agency, fiduciary, or similar relationship.

• I provide services as an independent freelance contractor and not as an employee of the client
• Neither party has authority to bind, represent, or enter into obligations on behalf of the other unless expressly agreed in writing
• The client is not responsible for providing employment benefits, insurance, leave entitlements, pensions, or similar benefits
• Each party remains solely responsible for its own taxes, legal obligations, business expenses, and regulatory compliance
• Nothing in these Terms shall be construed as creating an exclusive working relationship between the parties

Upon receipt of full payment, ownership of custom deliverables created specifically for the client's project transfers to the client.

• No ownership rights transfer until all invoices have been paid in full
• Open-source frameworks and third-party software remain subject to their own licences
• I retain ownership of all pre-existing materials, frameworks, utilities, templates, components, workflows, and development tools
• Projects may include reusable modules, helper functions, components, utilities, and architectural patterns
• The client receives a perpetual, worldwide, non-exclusive licence to use reusable components included within the delivered project
• I may reuse, modify, improve, and incorporate general-purpose code, components, concepts, workflows, and development practices in future projects
• Similar functionality and technical solutions may be delivered to multiple clients provided no confidential information is disclosed
• Client-specific business logic, confidential information, branding, proprietary assets, and private data remain the property of the client
• I may showcase non-confidential project work in portfolios, case studies, proposals, and professional profiles unless otherwise agreed in writing
• I may reference publicly accessible project URLs and display screenshots, videos, or demonstrations of non-confidential work for portfolio and marketing purposes
• I may maintain or host a non-confidential demonstration or portfolio version of the project, provided no client data, confidential information, or proprietary assets are disclosed

Both parties agree to protect and maintain the confidentiality of sensitive information shared during the course of the engagement.

• Confidential information includes business plans, credentials, API keys, trade secrets, source code, customer information, unpublished materials, and proprietary business information
• Confidential information shall not be disclosed to third parties without prior written consent unless required by law
• Reasonable security measures will be taken to protect confidential information
• Information that is publicly available, independently developed, or lawfully obtained from another source is not considered confidential
• Nothing in this section restricts the use of non-confidential project work in portfolios, case studies, or professional marketing as permitted elsewhere in these terms
• These confidentiality obligations continue after project completion or termination

The client agrees to indemnify, defend, and hold harmless the Developer from claims, losses, liabilities, damages, costs, and expenses arising from circumstances within the client's control.

• This indemnity includes claims arising from client-provided content, materials, data, instructions, trademarks, intellectual property, or other assets supplied for the project
• This indemnity includes claims arising from the client's unlawful conduct, misuse of the deliverables, violation of applicable laws, or infringement of third-party rights
• This indemnity includes claims arising from modifications made by the client or third parties after delivery of the project
• The client shall reimburse reasonable legal fees, professional costs, settlement amounts, damages, and expenses incurred as a result of covered claims where permitted by applicable law
• The obligations in this section survive project completion, cancellation, termination, and final payment

The parties agree that electronic communications may be used for project management, approvals, contractual communications, and other matters relating to the engagement.

• Project approvals, quotations, proposals, Statements of Work, invoices, change requests, and other project documents may be delivered and accepted electronically
• Acceptance provided through email, messaging platforms, project management systems, electronic signature platforms, payment of an invoice or deposit, or other electronic means may constitute valid and binding acceptance
• Electronic records and communications may be retained as evidence of approvals, instructions, authorisations, and contractual agreements between the parties
• The parties agree not to dispute the legal validity or enforceability of communications solely because they were created, transmitted, approved, or stored electronically
• Each party is responsible for maintaining accurate contact information and monitoring communication channels used during the engagement

Projects may require the use of third-party software, APIs, plugins, hosting providers, cloud services, and SaaS platforms.

• Third-party licence fees, subscriptions, hosting fees, domain registrations, and service costs are the responsibility of the client unless explicitly included in the proposal
• I will make reasonable efforts to inform the client of required third-party services before implementation
• Continued availability of third-party services is outside my control
• Changes made by third-party providers may impact project functionality after delivery

Unless specifically included in a project proposal, infrastructure management and ongoing hosting administration are not part of standard development services.

• The client is responsible for hosting accounts, cloud services, domains, SSL certificates, email services, API keys, third-party subscriptions, and all infrastructure-related costs
• Deployment assistance may be provided where included within the agreed scope
• The client is responsible for maintaining access credentials and account ownership for all third-party services
• I am not responsible for outages, downtime, service interruptions, data loss, security incidents, or failures caused by hosting providers, cloud platforms, domain registrars, email providers, APIs, or other third-party services
• I am not responsible for issues arising from client changes, third-party updates, expired domains, expired SSL certificates, suspended accounts, or infrastructure modifications made after deployment
• Server administration, monitoring, patching, backups, security updates, and infrastructure maintenance require a separate support or maintenance arrangement unless otherwise agreed in writing

The client is responsible for maintaining appropriate backups of systems, databases, applications, content, and other business-critical data.

• Adequate and tested backups should be maintained before any development, deployment, migration, maintenance, or infrastructure changes begin
• The client remains solely responsible for backup retention, backup verification, and disaster recovery planning
• I am not liable for data loss, corruption, recovery costs, lost profits, business interruption, or other damages resulting from hosting failures, cyberattacks, third-party services, software defects, user actions, or circumstances outside my reasonable control
• While reasonable care will be taken during development, deployment, maintenance, and migration activities, no guarantee is made that data loss or corruption will not occur
• Where backup or migration assistance is provided, no warranty or guarantee is made regarding the completeness, accuracy, integrity, availability, or recoverability of any backup or restored data
• The client is responsible for reviewing and validating restored systems, databases, content, and data following any backup, recovery, migration, or deployment activity

Projects are built using widely adopted frameworks, libraries, and open-source software maintained by third parties.

• I am not responsible for vulnerabilities, bugs, exploits, or breaking changes originating from third-party dependencies
• Clients are responsible for applying ongoing framework and dependency updates after project handover unless maintenance services are retained
• Security best practices are followed during development, but no software can be guaranteed to be completely free of vulnerabilities
• Formal penetration testing, compliance audits, and security certifications are not included unless explicitly agreed
• Vulnerabilities introduced through client infrastructure, hosting environments, or third-party integrations remain the responsibility of the relevant provider

Project completion and delivery do not include ongoing maintenance, monitoring, support, troubleshooting, updates, or future enhancements unless expressly included in the project scope or covered by a separate support agreement.

• Any work requested after project acceptance, including modifications, enhancements, new features, integrations, consulting, troubleshooting, or additional development, may be quoted and billed separately
• Maintenance retainers, support plans, and ongoing service agreements require a separate written arrangement
• Response times, availability, emergency support, and turnaround commitments are not guaranteed without an active support agreement
• Framework updates, dependency upgrades, operating system updates, security patching, browser compatibility updates, and infrastructure maintenance after delivery are separate services unless otherwise agreed in writing
• I am not responsible for issues arising from third-party service changes, API modifications, hosting provider changes, software updates, browser updates, platform changes, or external factors occurring after project delivery
• I am not responsible for defects, downtime, security issues, or functionality problems caused by modifications made by the client or third parties after delivery
• Requests for future compatibility updates, performance improvements, accessibility enhancements, security improvements, or regulatory compliance changes may require additional development work and fees

I warrant that services will be performed with reasonable professional skill and care. A 30-day bug-fix warranty is provided following final delivery.

• The warranty covers reproducible defects directly caused by my code that existed at the time of delivery and materially affect the agreed functionality of the deliverables
• Reported issues must be submitted during the warranty period and include sufficient information to allow the issue to be reproduced and investigated
• The warranty applies only to the deliverables as originally provided at the time of delivery
• Client modifications, third-party modifications, or alterations to the delivered codebase, infrastructure, configuration, databases, integrations, or dependencies void warranty coverage for affected areas
• Issues arising from hosting changes, server configuration changes, software updates, dependency updates, third-party services, APIs, plugins, integrations, or external providers are not covered by the warranty
• New features, enhancements, design changes, functionality changes, optimisation requests, content updates, and change requests are not covered by the warranty
• Minor visual inconsistencies, browser-specific variations, or issues that do not materially affect agreed functionality may not qualify as warranty defects
• Infrastructure issues, hosting outages, platform limitations, security incidents, data corruption, user errors, or circumstances outside my reasonable control are excluded from warranty coverage
• No warranty is provided that the deliverables will be completely error-free, uninterrupted, or compatible with future software, platforms, services, browsers, devices, or third-party systems
• Reported issues may be reviewed and investigated to determine whether they fall within the scope of the warranty.
• Where an issue is determined to be outside the scope of the warranty, any investigation, troubleshooting, remediation, support, or development work may require a separate quotation and additional fees
• The remedies provided under this warranty are limited to the correction of covered defects and do not include compensation for indirect, consequential, or business-related losses

To the fullest extent permitted by applicable law, any liability arising from or relating to services provided under these Terms shall be limited as set out below.

• My total aggregate liability for any claim, dispute, loss, damage, or liability arising from a project shall not exceed the total fees actually paid by the client for the specific project giving rise to the claim
• I shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or similar damages, whether arising in contract, tort, negligence, statutory duty, or otherwise
• Loss of profits, revenue, business opportunities, anticipated savings, goodwill, reputation, customers, data, business interruption, or loss of use are expressly excluded from liability
• I am not responsible for losses, damages, delays, downtime, security incidents, data loss, corruption, service interruptions, or failures resulting from third-party services, hosting providers, cloud platforms, domain registrars, payment processors, APIs, plugins, integrations, software updates, cyberattacks, or circumstances beyond my reasonable control
• The client remains responsible for maintaining appropriate backups, insurance coverage, security measures, disaster recovery procedures, and business continuity plans
• Nothing in these Terms guarantees that any deliverable will be uninterrupted, error-free, completely secure, or compatible with future software, services, platforms, devices, browsers, operating systems, or third-party technologies
• No claim may be brought more than twelve (12) months after the date the client became aware, or reasonably should have become aware, of the event giving rise to the claim, except where prohibited by applicable law
• The limitations and exclusions contained in these Terms apply regardless of the legal theory on which any claim is based and survive completion, cancellation, termination, or expiration of the project or services
• No guarantee is provided regarding revenue, profits, sales, traffic, search engine rankings, conversions, customer acquisition, user growth, funding, business performance, or other commercial outcomes resulting from use of the deliverables

Either party may suspend or terminate an engagement by providing written notice, subject to the terms set out below.

• The client remains responsible for payment of all work completed, expenses incurred, and commitments made up to the date of suspension or termination
• Deposits, booking fees, and payments for completed work are non-refundable once work has commenced unless otherwise required by applicable law
• Any work completed prior to termination may be invoiced immediately and shall become payable in accordance with the applicable invoice terms
• Completed deliverables, source code, credentials, files, documentation, and other project materials will only be provided after all outstanding invoices and fees have been paid in full
• Project timelines and obligations may be suspended where invoices become overdue, required client information is not provided, or the client otherwise fails to meet their responsibilities under these Terms
• Either party may terminate the project immediately in cases of non-payment, abusive behaviour, unlawful activity, material breach of these Terms, or conduct that makes continued collaboration unreasonable
• Where a project is terminated before completion, the Developer is not obligated to complete unfinished work, provide partially completed deliverables, or continue providing support unless otherwise agreed in writing
• Termination does not affect any accrued payment obligations, intellectual property rights, confidentiality obligations, liability limitations, or other provisions intended to survive termination

Both parties agree to make reasonable efforts to resolve any dispute, claim, or disagreement arising out of or relating to the services, project, or these Terms before commencing formal legal proceedings.

• The parties shall first attempt to resolve disputes through good-faith discussions and direct communication
• If a dispute cannot be resolved through direct communication, the parties may mutually agree to pursue mediation or another alternative dispute resolution process before initiating litigation
• Nothing in this section prevents either party from seeking urgent injunctive, equitable, or protective relief where necessary to protect its rights or interests
• These Terms, and any services provided under them, shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles
• Subject to applicable law, the courts having competent jurisdiction in India shall have exclusive jurisdiction over any dispute, claim, or proceeding arising out of or relating to these Terms or the services provided

Neither party shall be liable for delays or failures caused by events beyond their reasonable control.

• Examples include natural disasters, internet outages, government actions, pandemics, war, labour disputes, infrastructure failures, or other unforeseeable events
• Affected parties shall notify the other party as soon as reasonably practicable
• Project timelines may be adjusted to reflect the impact of such events

These Terms may be updated periodically to reflect changes in services, business practices, or legal requirements.

• The version in effect when a proposal is accepted governs that engagement
• Updated versions may be published on this website
• Continued use of services following publication of revised Terms constitutes acceptance of those revisions

These Terms, together with any proposal, quotation, Statement of Work, invoice, or written agreement, constitute the entire agreement between the client and Kumar Sahil.

• They supersede all prior discussions, negotiations, understandings, and representations
• If any provision is found unenforceable, the remaining provisions shall remain in full force and effect

Where services are offered, purchased, or performed through a third-party freelance marketplace, platform, or intermediary service, the applicable platform terms, policies, rules, payment procedures, and dispute resolution processes shall also apply.

• Examples include freelance marketplaces, agency platforms, and other intermediary service providers
• Clients and the Developer remain responsible for complying with applicable platform requirements
• Platform payment processing, escrow systems, fees, dispute procedures, and account policies remain governed by the applicable platform
• Where a conflict exists between these Terms and mandatory platform requirements, the platform requirements shall govern to the extent necessary

For any questions regarding these Terms and Conditions, please use the contact form available on this website. This website and its services are operated by Kumar Sahil.