Terms of Service

These Terms of Service govern the provision of technical services, development, management, and consulting by LinkMyTech ("we", "us", "our") to our clients ("Client", "you").

1. Definitions

"Project" refers to the specific body of work agreed upon between us and the Client as outlined in a Statement of Work, Proposal, or similar agreement.

2. Services

We provide technical services including but not limited to software development, automation, maintenance, and technical management. The exact services to be provided will be detailed in the specific commercial agreement or Proposal provided to the Client.

3. Discovery and requirements

Before commencing work, we may conduct a discovery phase to ascertain requirements. You are responsible for ensuring that all information provided to us during this phase is accurate and complete.

4. Proposals and estimates

Estimates provided in proposals are based on our understanding of the requirements at that time. They do not constitute binding fixed-price agreements unless explicitly stated otherwise in a formal contract.

5. Scope

We will only deliver the work expressly defined in the agreed scope. Work requested outside of the agreed scope will be subject to a Change Request and additional billing.

6. Client responsibilities

The Client must provide timely access to necessary assets, accounts, APIs, personnel, and feedback. Failure to do so may result in project delays for which we are not responsible.

7. Project commencement

Projects will only commence upon the execution of a commercial agreement and the receipt of any required initial payments or mobilization fees as specified in that agreement.

8. Payment

Invoices are payable within the timeframes specified on the invoice. Late payments may result in the suspension of services or the application of statutory late payment interest.

9. Taxes

All prices quoted are exclusive of applicable taxes (such as VAT or GST) unless explicitly stated otherwise. The Client is responsible for paying all applicable taxes.

10. Third-party costs

The Client is responsible for paying any third-party costs (such as software licenses, API usage fees, or hosting costs) required to deliver the Project, unless we have expressly agreed in writing to absorb these costs.

11. Change requests

Any deviation from the agreed scope must be documented in a Change Request. We reserve the right to review the timeline and costs associated with any Change Request before accepting it.

12. Delays and dependencies

We are not liable for delays caused by Client inaction, delayed feedback, or third-party dependencies (such as external APIs failing or third-party platforms changing their rules).

13. Acceptance and approval

Upon delivery of a milestone, the Client will have a specified period to review the work. If no feedback is provided within this period, the work will be deemed accepted.

14. Development and testing

We develop software to modern industry standards and conduct internal testing. However, the Client is responsible for User Acceptance Testing (UAT) to ensure the software meets their specific business needs.

15. Hosting and infrastructure

If we provide hosting, it is subject to the acceptable use policies of our underlying infrastructure providers (e.g., AWS, Vercel). We are not responsible for downtime caused by these underlying providers.

16. Domains and third-party accounts

We recommend that Clients retain direct ownership and control of their primary domains and infrastructure accounts.

17. Intellectual property

Upon receipt of full payment, we typically assign the intellectual property rights of the bespoke deliverables to the Client, excluding any pre-existing LinkMyTech intellectual property, open-source libraries, or proprietary tools used to build the solution.

18. Open-source software

Our deliverables may incorporate open-source software. Such software is provided under its respective open-source licenses, and you agree to comply with those terms.

19. Confidentiality

Both parties agree to keep all confidential information, business processes, and trade secrets disclosed during the Project strictly confidential, both during and after the engagement.

20. Data protection

Where we process personal data on your behalf, we act as a Data Processor. A separate Data Processing Agreement (DPA) will be executed to govern this relationship in accordance with applicable data protection laws.

21. Third-party providers

We may utilize specialized contractors or subprocessors to deliver the Project. We remain responsible for ensuring these third parties adhere to the same standards of confidentiality and quality.

22. Support and maintenance

Unless a dedicated support and maintenance retainer is agreed upon, we provide no ongoing warranty or support once a Project is accepted and handed over. Post-launch support requires a separate agreement.

23. Warranties

We warrant that services will be performed with reasonable care and skill. However, we do not warrant that software will be entirely error-free or that it will meet requirements not explicitly documented in the agreed scope.

24. Limitation of liability

Our total liability under any contract shall be limited to the total amount paid by the Client to us under that specific contract in the 12 months preceding the claim. We exclude liability for indirect, special, or consequential damages, including loss of profit or data.

25. Indemnity

The Client indemnifies us against any claims, losses, or damages arising from materials, content, or data provided by the Client that infringe on third-party intellectual property or violate applicable laws.

26. Suspension

We reserve the right to suspend services if the Client fails to make payments on time or breaches material terms of this agreement.

27. Termination

Either party may terminate the agreement for a material breach that is not remedied within a specified notice period. Upon termination, the Client must pay for all work completed up to the termination date.

28. Handover

Upon valid termination and full settlement of accounts, we will provide reasonable assistance to hand over assets and source code to the Client.

29. Force majeure

Neither party will be liable for any failure or delay in performing an obligation that is due to causes beyond their reasonable control (such as natural disasters, pandemics, or major internet infrastructure failures).

30. Dispute resolution

In the event of a dispute, both parties agree to attempt to resolve the matter in good faith through negotiation before resorting to formal legal proceedings.

31. Governing law

These Terms of Service shall be governed by the laws of the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts of Pune, India.

32. Contact information

For any legal or contractual inquiries, please contact us:

These policies are intended to explain how LinkMyTech operates and provides its services. They are not a substitute for bespoke legal advice.