Term of Services
Terms and Conditions of Service for Tech Horizon
Welcome to Tech Horizon. These Terms and Conditions (“Terms”) govern your access to and use of our website and services provided by Tech Horizon, a company incorporated in India. By accessing our website or engaging our services, you agree to comply withand be bound by these Terms. Please read them carefully.
1. Acceptance of Terms
By accessing and using the website www.techhorizone.com (the “Website”) and/or engaging the services (“Services”) offered by Tech Horizon (“Company,” “we,” “us,” or “our”), you agree to be bound by these Terms and Conditions, our Privacy Policy and any other policies referenced herein. If you do not agree to these Terms, you must not use our Website or Services.
2. Nature of Services
Tech Horizon provides a range of digital and IT solutions including, but not limited to:
• Microsoft Solutions (Azure, Microsoft 365, Power Platform, Dynamics 365 etc)
• Website Development
• Mobile App Development
• Digital Marketing
• Graphics Design (UI/UX Design)
• E-commerce Solutions
The specific scope, deliverables, timelines and pricing for Services will be formally agreed upon and detailed in a separate Statement of Work (SOW), Service Agreement or equivalent contractual document signed by both parties.
3. Client Responsibilities and Obligations
As a client engaging with Tech Horizon’s Services, you agree to:
• Provide Information: Furnish all necessary information, content, materials (including text, images, logos, access credentials) and feedback in a timely manner as reasonably requested by Tech Horizon to facilitate project execution.
• Accuracy of Information: Ensure that all information and materials provided are accurate, complete and do not violate any third-party rights (including intellectual property, privacy, or publicity rights).
• Compliance: Ensure that your use of the Services and the content you provide complies with all applicable local, national and international laws and regulations.
• Timely Approvals: Provide timely approvals of deliverables at various project milestones as specified in the SOW, to avoid project delays.
• Payments: Make timely payments for all Services rendered as per the agreed payment schedule outlined in the SOW.
4. Intellectual Property Rights
•Company IP: All intellectual property rights related to the Website content, including text, graphics, logos, images, software and the compilation thereof, are the exclusive property of Tech Horizon or its licensors and are protected by copyright, trademark and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally permitted by the Website or as agreed upon in writing.
•Client IP: Any materials, content, or intellectual property provided by the client to Tech Horizon for the purpose of executing the Services will remain the sole property of the client. The client grants Tech Horizon a non-exclusive, royalty-free, worldwide license to use such materials solely for the purpose of providing the agreed-upon Services.
•Project Deliverables: Upon full and final payment for Services as specified in the SOW, the intellectual property rights to the custom deliverables (e.g., custom website code, unique app design, custom marketing campaign assets) specifically developed by Tech Horizon for the client will generally be transferred to the client. Tech Horizon may retain the right to use common code libraries, frameworks, tools and design elements that are not unique to the client’s brand for other projects. Tech Horizon also reserves the right to showcase the completed work in its portfolio and marketing materials. Any third-party licenses for software, fonts, images, or other assets used in the deliverables will remain subject to their respective terms.
5. Payment Terms and Invoicing
•Pricing: The pricing for Services will be detailed in the specific SOW or Service Agreement.
•Invoicing: Tech Horizon will issue invoices according to the payment schedule agreed upon in the SOW (e.g., upfront deposit, milestone payments, final payment).
•Due Dates: All invoices are payable within 7 days from the invoice date, unless otherwise specified.
•Late Payments: Payments not received by the due date may be subject to a late payment fee or interest at a rate of 3 % per month or the maximum rate permitted by law, whichever is lower.
•Suspension of Services: Failure to make timely payments may result in the temporary suspension of Services until the outstanding balance is settled, without prejudice to any other rights or remedies available to Tech Horizon.
•Taxes: All prices quoted are exclusive of applicable taxes (e.g., GST, VAT), which will be added to invoices where required by law.
6. Confidentiality
Both parties agree to maintain the strict confidentiality of all non-public information, proprietary data, trade secrets and business strategies (“Confidential Information”) disclosed by the other party during the engagement. This obligation shall survive the termination of the Services, unless disclosure is required by law or the information becomes publicly known through no fault of the receiving party.
7. Limitation of Liability
•General Disclaimer: Tech Horizon provides its Website and Services on an “as is” and “as available” basis. We do not warrant that the Website or Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
•Exclusion of Damages: To the fullest extent permitted by applicable law, Tech Horizon shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website/Services; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; (iv) unauthorized access, use or alteration of your transmissions or content; or (v) any failures, interruptions, or delays in connection with the Services, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
•Cap on Liability: In no event shall Tech Horizon’s total aggregate liability to you for all damages, losses and causes of action (whether in contract, tort, or otherwise) exceed the amount actually paid by you to Tech Horizon for the
specific Services giving rise to the claim in the twelve (12) months immediately preceding the event giving rise to the claim, or INR 5,000, whichever is lower.
8. Indemnification
You agree to defend, indemnify and hold harmless Tech Horizon, its affiliates, licensors and their respective officers, directors, employees and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
•Your violation of these Terms.
•Your use of the Website/Services.
•Any content or materials you provide that infringe upon the intellectual property or other rights of any third party.
•Your breach of any applicable law or regulation.
9. Termination
•Termination by Agreement: Either party may terminate a Service Agreement as per the specific terms and conditions outlined in the SOW.
•Termination for Cause: Tech Horizon may terminate or suspend your access to the Website/Services immediately, without prior notice or liability, if you breach any material provision of these Terms or the SOW, including but not limited to non-payment, misuse of Services, or violation of intellectual property rights.
•Effect of Termination: Upon termination, your right to use the Service will immediately cease. Any outstanding payments will become immediately due. Clauses relating to intellectual property, confidentiality, limitation of liability, indemnification and governing law shall survive termination.
10. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India, specifically the laws of the State of Maharashtra, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Website or Services, shall be exclusively resolved by the competent courts located in Pune, Maharashtra, India.
11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect, typically through prominent notice on our Website or direct communication. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website or Services after those revisions become effective, you agree to be bound by the revised terms.
12. Miscellaneous
•Entire Agreement: These Terms, together with any SOWs, constitute the entire agreement between you and Tech Horizon regarding your use of the Website and Services.
•Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
•Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term and Tech Horizon’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
•Force Majeure: Tech Horizon shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Tech Horizon’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
13. Contact Us
If you have any questions about these Terms and Conditions, please contact us:
•By email: info@tekhorizons.in
•By visiting this page on our website: www.techhoriozone.com/contact
