Terms of Service

These Terms of Service ("Terms") govern your access to and use of www.smikap.com (the "Website") and any services provided by Smikap ("Smikap", "we", "us" or "our"), an information technology services provider based in Ahmedabad, Gujarat, India.

By accessing the Website, submitting an enquiry or engaging us for services, you agree to be bound by these Terms. If you do not agree, please do not use the Website.

These Terms are published in accordance with the Information Technology Act, 2000 and the rules made under it, and constitute an electronic record. They do not require any physical or digital signature.

You may use the Website only if you are competent to contract under the Indian Contract Act, 1872, meaning you are at least eighteen years of age, of sound mind and not disqualified from contracting by any law. If you access the Website on behalf of an organisation, you confirm that you are authorised to bind that organisation to these Terms.

The Website describes the services we offer, including managed IT support, cloud infrastructure, cybersecurity, software development and digital marketing. Descriptions, service tiers and indicative pricing on the Website are for general information and are an invitation to offer, not a binding offer.

Every engagement is governed by a separate written agreement, statement of work, proposal or purchase order signed or confirmed by both parties. Where any conflict arises between these Terms and such a signed agreement, the signed agreement prevails in respect of that engagement.

Timelines, deliverables, acceptance criteria, service levels, fees and support arrangements are set out in the applicable engagement agreement and not on this Website.

You agree not to use the Website or our services to host, display, upload, publish, transmit or share any information that:

• Belongs to another person and to which you do not have a right.
• Is obscene, defamatory, invasive of another's privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws of India.
• Is harmful to a child.
• Infringes any patent, trademark, copyright or other proprietary right.
• Deceives or misleads the recipient about the origin of the message, or knowingly communicates information that is patently false or misleading in nature.
• Impersonates another person or threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order.
• Contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource.
• Violates any law for the time being in force.

You further agree not to attempt to gain unauthorised access to the Website or any connected system, probe or test its vulnerability, interfere with its operation, scrape or harvest data by automated means, or use it in a manner that imposes an unreasonable load on our infrastructure.

We may suspend or terminate access, remove content and report the matter to the appropriate authorities where we reasonably believe a breach of this section has occurred.

All content on the Website, including text, graphics, logos, icons, images, illustrations, page layouts, source code and software, is owned by or licensed to Smikap and is protected under the Copyright Act, 1957, the Trade Marks Act, 1999 and other applicable laws.

You may view and print Website content for your own internal, non commercial reference. You may not reproduce, republish, distribute, adapt, modify, reverse engineer, create derivative works from or commercially exploit any part of the Website without our prior written permission.

The name "Smikap", our logo and our brand assets are our marks. Nothing on the Website grants you any licence or right to use them.

Ownership of deliverables created during a client engagement, and any licence granted in respect of them, is determined by the applicable engagement agreement. Unless that agreement states otherwise, we retain ownership of our pre existing materials, tools, frameworks, know how and generic components used to produce the deliverables.

Where you engage us for services, you agree to:

• Provide accurate, complete and timely information, access, approvals and decisions that we reasonably require to perform the services.
• Ensure that you hold all rights, licences and consents necessary for any data, content or third party systems you make available to us.
• Maintain your own backups of data, and independently verify the suitability of deliverables for your intended use before relying on them in production.
• Comply with the licence terms of any third party software, cloud platform or subscription procured for or by you as part of the engagement.
• Pay our fees in accordance with the agreed schedule, together with applicable Goods and Services Tax and any statutory levy.

Delays caused by your failure to meet these responsibilities may affect timelines and costs, and we will not be liable for the consequences of such delays.

Fees are as set out in the applicable proposal or engagement agreement and are exclusive of Goods and Services Tax and other applicable taxes, which will be charged additionally at the prevailing rate.

Invoices are payable within the period stated on the invoice. Tax will be deducted at source only where required by law and against a valid certificate. We reserve the right to charge interest on amounts overdue and to suspend services after reasonable notice where invoices remain unpaid.

Each party may receive confidential information belonging to the other during an engagement. Each party agrees to use such information only for the purposes of the engagement, to protect it with at least the same care it applies to its own confidential information, and not to disclose it to third parties except to personnel and advisers who need to know it and are bound by equivalent obligations.

These obligations do not apply to information that is public through no breach of this section, was already lawfully known to the receiving party, is independently developed without reference to the disclosed information, or is required to be disclosed by law or by a competent authority.

Our collection and use of personal data is described in our Privacy Policy, which forms part of these Terms. Where we process personal data on your behalf during an engagement, we do so as a Data Processor in accordance with your instructions and the terms of the engagement agreement, and in compliance with the Digital Personal Data Protection Act, 2023.

Our services may involve third party platforms, cloud providers, software and integrations. Those products are governed by their own terms and service levels, and we do not control or warrant their availability, performance or security.

The Website may link to third party websites for convenience. We do not endorse them and are not responsible for their content, products or practices.

We warrant that services will be performed with reasonable skill and care, by suitably qualified personnel, and in a professional manner consistent with prevailing industry standards.

Except as expressly stated in these Terms or in an engagement agreement, the Website and its content are provided on an as is and as available basis, without warranty of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non infringement.

We do not warrant that the Website will be uninterrupted, timely, error free or free of viruses, or that information on the Website is complete, current or accurate at all times. Content on the Website is general information and does not constitute professional, technical, legal or financial advice.

No security measure can eliminate all risk. We do not warrant that any system, network or application will be immune from every cyber attack, vulnerability or unauthorised access.

To the maximum extent permitted by applicable law, neither party shall be liable to the other for any indirect, incidental, special, punitive or consequential loss, or for loss of profit, revenue, business, goodwill, anticipated savings or data, arising out of or in connection with the Website, the services or these Terms, whether in contract, tort, including negligence, or otherwise, even if advised of the possibility of such loss.

Our total aggregate liability arising out of or in connection with an engagement shall not exceed the total fees actually paid by you to us under that engagement during the twelve months immediately preceding the event giving rise to the claim. Where no fees have been paid, our liability in relation to your use of the Website shall not exceed one thousand rupees.

Nothing in these Terms limits or excludes liability for fraud, wilful misconduct, or any liability that cannot lawfully be limited or excluded under Indian law.

You agree to indemnify, defend and hold harmless Smikap, its partners, employees and agents from and against any claim, demand, loss, liability, cost or expense, including reasonable legal fees, arising out of your breach of these Terms, your misuse of the Website or the services, your violation of any applicable law, or your infringement of the rights of a third party.

Neither party shall be liable for any failure or delay in performing its obligations, other than an obligation to pay money, where the failure or delay results from an event beyond its reasonable control, including an act of God, flood, fire, earthquake, epidemic, war, civil unrest, terrorism, strike, change in law, failure of a public telecommunications network, power failure or a widespread internet or cloud provider outage.

We may suspend or withdraw access to the Website at any time, without notice, for maintenance, security or operational reasons.

Termination of a services engagement is governed by the applicable engagement agreement. On termination, you remain liable for fees accrued up to the date of termination, and each party shall return or destroy the other's confidential information on request, except where retention is required by law.

Provisions relating to intellectual property, confidentiality, warranties, limitation of liability, indemnity and governing law survive termination.

We may revise these Terms from time to time. The current version will always be posted on this page with an updated effective date. Continued use of the Website after a revision takes effect constitutes acceptance of the revised Terms. Changes to a signed engagement agreement require the written agreement of both parties.

These Terms are governed by and construed in accordance with the laws of India.

The parties shall first attempt to resolve any dispute amicably through discussion. Failing resolution within thirty days, the dispute shall be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Ahmedabad, Gujarat, and the proceedings shall be conducted in English.

Subject to the above, the courts at Ahmedabad, Gujarat, India shall have exclusive jurisdiction.

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force. A failure to enforce any right does not constitute a waiver of that right. You may not assign your rights under these Terms without our prior written consent. These Terms, together with the Privacy Policy and any applicable engagement agreement, constitute the entire agreement between the parties in relation to their subject matter.

For any question, complaint or notice relating to these Terms, please contact us using the details below. Complaints will be acknowledged within twenty four hours and resolved within fifteen days of receipt, in accordance with applicable law.

Entity

Smikap

Email

contact@smikap.com

Legal and privacy

privacy@smikap.com

Telephone

+91 81601 61501

Address

Ahmedabad, Gujarat, India