Terms & Conditions of Service

1. Introduction & Contracting Entity

These Terms & Conditions of Service ("Terms", "Agreement") constitute a legally binding agreement entered into between DUSTWON PRIVATE LIMITED (CIN: U72900CT2020PTC011042), a company incorporated under the Companies Act, 2013, having its registered and principal operations at Office No. 102, Shinote park, Manjari BK, Pune, Maharashtra 412307, India (operating commercially under the brand name "DUSTWON TECHNOLOGY", hereinafter referred to as the "Company", "Dustwon", "we", "us", or "our"), and any corporate entity, sole proprietorship, institution, partnership, or individual accessing our website, purchasing domain names, executing Statements of Work (SOW), or utilizing our bespoke software and cloud engineering services (hereinafter referred to as the "Client", "Customer", "you", or "your").

By engaging our services, paying an invoice or quotation advance, accepting an interactive online proposal, or registering an account on our platform, you acknowledge that you have read, understood, and irrevocably agree to be bound by these Terms.

2. Eligibility & Authority to Contract

You expressly warrant and represent that:

• You are at least 18 years of age and possess full legal capacity to enter into binding commercial contracts under the Indian Contract Act, 1872;
• If you represent a corporate body, company, institution, or trust, you possess duly verified corporate authorization (such as a Board Resolution, Power of Attorney, or executive mandate) to bind such entity to these Terms;
• All information provided during onboarding, invoice processing, KYC, and domain contact declarations is true, accurate, current, and complete.

3. Scope of Professional Services & Project Delivery

Dustwon specializes in bespoke software architecture, enterprise CRM/ERP solutions, mobile applications, cloud deployments, and registrar-reseller domain services. The precise scope of work, technical specifications, project milestones, and timeline for each engagement shall be governed by an executed Quotation, Formal Proposal, or Statement of Work (SOW) generated through our system.

Each milestone deliverable shall undergo a formal Client review cycle. Unless the Client submits written, itemized defect notices within seven (7) calendar days of staging deployment or release notification ("Review Period"), the deliverable shall be deemed irrevocably accepted and approved by the Client.

4. Commercial Terms, Invoicing & GST

All fees are quoted in Indian Rupees (INR) unless explicitly stated otherwise. All statutory taxes, including Goods and Services Tax (GST) at the prevailing statutory rate (currently 18% under SAC 998314/998315), shall be billed over and above quoted amounts in strict accordance with the Central Goods and Services Tax Act, 2017.

Invoices are payable within the payment terms specified thereon. Failure to settle milestone balances upon due dates may result in an immediate suspension of development sprints, staging server access, cloud hosting, or API licenses.

5. Intellectual Property & Software Licensing ("Source Code is Extra")

To prevent operational misunderstanding, the intellectual property rights governing our deliverables are structured as follows:

• Standard Operational License: Upon settlement of all outstanding project milestones in full, Dustwon grants the Client a non-exclusive, non-transferable, non-sublicensable commercial license to use the compiled, configured, and deployed software solely for the Client's internal business operations.
• Dustwon Core IP & Frameworks: Dustwon retains 100% exclusive ownership, title, copyright, and patent rights in all pre-existing code, modular CRM/ERP architectural components, utility libraries, schema designs, algorithms, AI heuristics, and proprietary backend logic developed prior to or independently of the project.
• Proprietary Source Code Exclusion & Additional Buyout Fee: Standard service fees, deployment fees, and software project contracts DO NOT include raw uncompiled source code, private git repository transfers, or proprietary framework source delivery. Source code transfer requires an explicit, separate Full Source Code Buyout & IP Transfer Agreement executed in writing with substantial additional licensing fees paid in full. Absent such agreement, any unauthorized reverse engineering, decompilation, resale, or distribution of Dustwon's proprietary core code is strictly prohibited and subject to legal prosecution under the Copyright Act, 1957.
• Client Content: The Client retains all intellectual property in all brand logos, trademarks, proprietary text, and customer records uploaded by the Client to the software.

6. Scope Changes & Additional Charges

Any technical feature, workflow modification, third-party API integration, or graphic alteration not expressly detailed in the approved Proposal or Quotation shall constitute a "Change Request". Change Requests shall be evaluated and quoted separately based on estimated developer hours at our prevailing standard engineering rates.

7. Third-Party Dependencies & Gateways

Our platforms integrate with trusted third-party providers including payment gateways (Easebuzz, Razorpay, PhonePe), domain registrars (Dynadot LLC), cloud infrastructure (AWS, DigitalOcean), communication APIs (Meta/WhatsApp, Twilio, 2Factor), and Google APIs. Dustwon shall not be held liable for upstream outages, policy changes, pricing modifications, or service suspensions imposed by these external providers beyond our reasonable control.

8. Client Responsibilities & Cooperation

Timely completion of custom software engineering depends upon active Client cooperation. The Client agrees to provide necessary brand assets, API credentials, server access, content, and feedback within agreed timeframes. Delays caused by the Client exceeding fourteen (14) days shall automatically extend delivery schedules and may incur sprint rescheduling charges.

9. Acceptable Use Policy

The Client agrees never to utilize software, servers, or domain names provisioned by Dustwon for:

• Phishing, malware distribution, ransomware, or botnet operations;
• Hosting deceptive investment schemes, Ponzi operations, or unlicensed gambling;
• Transmitting unsolicited commercial communications (Spam) in violation of TRAI regulations;
• Infringing upon any third party's patents, copyrights, trademarks, or trade secrets;
• Hosting or transmitting content that is obscene, defamatory, inciting violence, or contrary to the sovereignty of India.

Violation of this clause shall result in immediate service termination without notice, refund, or recourse.

10. Limitation of Liability

To the maximum extent permitted by applicable Indian law:

• Neither Dustwon nor its directors, officers, or employees shall be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of profits, business interruptions, loss of goodwill, or loss of data;
• The total aggregate liability of Dustwon for any and all claims arising out of or related to this Agreement, whether in contract, tort, or otherwise, shall be strictly capped at the total amount actually paid by the Client to Dustwon for the specific affected service during the three (3) months immediately preceding the event giving rise to liability, or INR 10,000, whichever is lower.

11. Indemnification

The Client agrees to defend, indemnify, and hold harmless Dustwon, its directors, employees, and affiliates against any and all third-party claims, liabilities, damages, losses, or legal expenses (including reasonable attorneys' fees) arising from: (a) Client's breach of these Terms; (b) intellectual property infringement by Client-supplied materials; or (c) unlawful conduct or misuse of deployed software by Client or its end users.

12. Dispute Resolution & Governing Law

This Agreement and any dispute or claim arising out of it shall be governed by, and construed in accordance with, the substantive laws of the Republic of India. In the event of any dispute, the parties shall first endeavor to settle the matter amicably through good-faith executive consultations within thirty (30) days. Failing such resolution, the dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, by a sole arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be Pune, Maharashtra, India, and the proceedings shall be conducted in the English language. Subject to arbitration, the courts having jurisdiction in Pune, Maharashtra shall have exclusive jurisdiction.

13. Amendments & Versioning

Dustwon reserves the right to amend, update, or replace these Terms to reflect legislative changes, operational enhancements, or technological advancements. Updated versions shall be published on this legal portal with an updated effective date. Continued use of our services following any revision constitutes your acceptance of the revised Terms.