Terms & Conditions
Effective Date: October 9, 2024
Last Updated: October 9, 2024
1. Introduction
These Terms and Conditions ("Terms") govern your use of the website lotusenterprises.shop and the IT services provided by LOTUS ENTERPRISES ("Company," "we," "our," or "us"). By accessing our website or engaging our services, you agree to be bound by these Terms.
2. Company Information
LOTUS ENTERPRISES
Address: FLOO-1 D2, 120, WADALA TRUCK TERMINAL, WADALA TRUCK TERMINAL ROAD, ANTOP HILL, Mumbai, Maharashtra, 400037, India
Phone: +91 9632848094
Email: contact@lotusenterprises.shop
3. Services
LOTUS ENTERPRISES provides comprehensive IT services including but not limited to:
- Custom Software Development
- Web Development and Design
- Mobile Application Development
- Cloud Computing and DevOps Services
- UI/UX Design Services
- IT Consulting and Strategy
- System Integration and Maintenance
4. Acceptance of Terms
By using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services.
5. Service Agreements
5.1 Project Scope
All projects will be governed by a separate Service Agreement or Statement of Work (SOW) that defines:
- Project scope and deliverables
- Timeline and milestones
- Payment terms and schedule
- Responsibilities of both parties
- Change management procedures
5.2 Client Responsibilities
Clients are responsible for:
- Providing accurate and complete project requirements
- Timely feedback and approvals
- Providing necessary access to systems and resources
- Making payments according to agreed terms
- Maintaining confidentiality of proprietary information
6. Payment Terms
6.1 Pricing
All prices are quoted in Indian Rupees (INR) unless otherwise specified. Prices are subject to change with 30 days' notice for ongoing services.
6.2 Payment Schedule
Payment terms will be specified in individual project agreements. Typically:
- 50% advance payment upon project commencement
- Remaining balance upon project completion and delivery
- Monthly payments for ongoing services
6.3 Late Payments
Late payments may incur a service charge of 2% per month on the outstanding amount. LOTUS ENTERPRISES reserves the right to suspend services for overdue accounts.
7. Intellectual Property
7.1 Client IP
Clients retain ownership of their existing intellectual property, trademarks, and business processes.
7.2 Developed Solutions
Upon full payment, clients receive ownership rights to custom-developed solutions, excluding:
- Pre-existing LOTUS ENTERPRISES intellectual property
- Third-party licensed components
- General methodologies and know-how
7.3 LOTUS IP
LOTUS ENTERPRISES retains ownership of its proprietary methodologies, tools, and general knowledge gained during project execution.
8. Confidentiality
Both parties agree to maintain strict confidentiality regarding:
- Proprietary business information
- Technical specifications and designs
- Financial information
- Customer data and business processes
This obligation continues for 5 years after the termination of services.
9. Warranties and Disclaimers
9.1 Service Warranty
LOTUS ENTERPRISES warrants that services will be performed with professional skill and care in accordance with industry standards.
9.2 Software Warranty
Custom software is warranted to be free from material defects for 90 days after delivery. This warranty covers bug fixes but not enhancements or modifications.
9.3 Disclaimer
Except as expressly stated, all services are provided "AS IS" without warranties of any kind, express or implied.
10. Limitation of Liability
LOTUS ENTERPRISES' total liability for any claim shall not exceed the total amount paid by the client for the specific service giving rise to the claim. We shall not be liable for:
- Indirect, incidental, or consequential damages
- Loss of profits, data, or business opportunities
- Third-party claims or damages
- Force majeure events beyond our control
11. Data Protection and Privacy
LOTUS ENTERPRISES is committed to protecting client data in accordance with our Privacy Policy and applicable data protection laws. We implement appropriate security measures to safeguard information.
12. Termination
12.1 Termination by Client
Clients may terminate services with 30 days' written notice. Payment is due for all work completed up to the termination date.
12.2 Termination by LOTUS
We may terminate services immediately for:
- Non-payment of fees
- Breach of these Terms
- Illegal or unethical requests
13. Force Majeure
Neither party shall be liable for delays or failures due to circumstances beyond their reasonable control, including natural disasters, government actions, or technical failures.
14. Website Use
14.1 Permitted Use
You may use our website for legitimate business purposes and to learn about our services.
14.2 Prohibited Activities
You may not:
- Use the website for illegal purposes
- Attempt to gain unauthorized access
- Distribute malware or harmful code
- Violate intellectual property rights
- Interfere with website functionality
15. Indemnification
Clients agree to indemnify LOTUS ENTERPRISES against claims arising from:
- Client's use of delivered solutions
- Client-provided content or data
- Violation of these Terms by the client
- Third-party claims related to client's business
16. Dispute Resolution
16.1 Negotiation
Parties will first attempt to resolve disputes through good-faith negotiation.
16.2 Mediation
If negotiation fails, disputes will be submitted to mediation before pursuing legal action.
16.3 Jurisdiction
Any legal proceedings will be conducted in the courts of Mumbai, Maharashtra, India.
17. Governing Law
These Terms are governed by the laws of India. The Indian Contract Act, 1872, and Information Technology Act, 2000, shall apply to the interpretation and enforcement of these Terms.
18. Modifications
LOTUS ENTERPRISES reserves the right to modify these Terms at any time. Changes will be effective upon posting on our website. Continued use of our services constitutes acceptance of modified Terms.
19. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
20. Entire Agreement
These Terms, together with any Service Agreements and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior communications and agreements.
21. Contact Information
For questions regarding these Terms, please contact us:
LOTUS ENTERPRISES
FLOO-1 D2, 120, WADALA TRUCK TERMINAL
WADALA TRUCK TERMINAL ROAD, ANTOP HILL
Mumbai, Maharashtra, 400037
India
Email: contact@lotusenterprises.shop
Phone: +91 9632848094
By engaging LOTUS ENTERPRISES for IT services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. These Terms protect both parties and ensure a professional, transparent business relationship.