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.