Shabby

Terms & Conditions

These Terms & Conditions (“Terms”) govern the provision of IT services by VISHAL MEGA MART PRIVATE LIMITED operating under the brand name “Shabby”. By engaging us through a proposal, statement of work, or service order, you agree to these Terms.

1. Services

Shabby delivers web development, cloud and DevOps, automation, security, analytics, and managed IT support. Specific deliverables, milestones, and fees are detailed in each engagement document (“Agreement”).

2. Proposals and acceptance

  • Quotes are valid for 30 days unless otherwise noted.
  • Work commences after written acceptance, purchase order, or advance payment.
  • Changes to scope require a change request outlining new effort and pricing.

3. Fees and payments

  • Fees are invoiced as per the Agreement (fixed, milestone-based, or time and material).
  • Invoices are payable within 15 calendar days from date of issue, unless otherwise stated.
  • Late payments may attract interest at 1.5% per month and suspension of services.

4. Client responsibilities

  • Provide timely access to stakeholders, systems, and information required for delivery.
  • Ensure third-party licenses and prerequisites are valid and compliant.
  • Review deliverables promptly and share consolidated feedback within agreed timelines.

5. Intellectual property

  • Pre-existing intellectual property of each party remains their own.
  • Upon full payment, Shabby assigns IP rights of bespoke deliverables to the client, excluding reusable frameworks or open-source components.
  • Shabby may reuse anonymised learnings and accelerators while protecting client confidentiality.

6. Confidentiality

Both parties must protect confidential information shared during the engagement, using it only for the intended purpose and not disclosing it without prior consent, except when required by law.

7. Data protection

Shabby processes personal data in line with our Privacy Policy. We implement technical and organisational safeguards to protect data against unauthorised access, loss, or alteration.

8. Warranties

  • We warrant that services will be performed with reasonable skill and care.
  • Except as expressly provided, services are supplied “as is” without warranties of merchantability or fitness for a particular purpose.
  • Clients warrant they have the authority to share materials and that such materials do not infringe third-party rights.

9. Limitation of liability

To the maximum extent permitted by law, Shabby’s cumulative liability arising from an Agreement is limited to the total fees paid in the 3 months preceding the claim. We are not liable for indirect, incidental, consequential, or punitive damages.

10. Indemnity

Each party indemnifies the other against losses arising from breach of confidentiality, IP infringement, or violation of applicable laws attributable to the indemnifying party.

11. Term and termination

  • Agreements commence on the effective date and continue until completion unless terminated earlier.
  • Either party may terminate with 30 days’ written notice or immediately for material breach not cured within 15 days.
  • Upon termination, clients must pay for work completed and approved expenses.

12. Force majeure

No party is liable for delays caused by events beyond reasonable control, including natural disasters, strikes, or government directives. Timelines will adjust accordingly.

13. Governing law and jurisdiction

These Terms are governed by the laws of India. Courts in Gurugram, Haryana have exclusive jurisdiction.

14. Notices

Official notices should be sent to Shabby at Khewat No-19,Khata No-27,, Marla,Village Dhanwas, Gurgaon, Gurugram, Haryana, 122001 and to the client address specified in the Agreement.

15. Contact

For questions about these Terms, email contact@vishalmegacart.shop.

Effective date: 01 July 2024