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Commercial Agreement

Terms & Conditions

These terms establish the contractual framework governing website access, custom design and development services, project milestones, and intellectual property ownership.

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Sections
1. Identity & Acceptance 2. Website Use 3. Services Offered 4. Client Responsibilities 5. SOW & Precedence 6. Scope Changes 7. Intellectual Property 8. Payment Schedules 9. Suspension & Termination 10. Warranty & Support 11. Third-Party Platforms 12. Acceptable Technology Rules 13. Limitation of Liability 14. Governing Law 15. Dispute Resolution 16. Severability 17. Modifications 18. Contact

Terms & Conditions

Effective Date: September 4, 2026 Version: 1.0 Last Updated: September 4, 2026

These Terms & Conditions ("Terms") govern your access to the website located at https://avishkarstudio.com and form the contractual foundation for design, software development, branding, and digital agency services provided by Avishkar Studio. By browsing this website or engaging our services, you agree to these Terms.

1 Identity of Provider & Acceptance

Services described on this website are provided by:

Trading / Brand Name Avishkar Studio
Business Status Independent / Proprietary Business
Owner / Authorised Representative Avishkar Deshmukh
Official Contact info@avishkarstudio.com

By accessing this website, submitting an inquiry, approving a quotation, or signing an individual Statement of Work, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2 Website Use & Prohibitions

You agree to use this website solely for lawful purposes. You shall not:

  • Use the website in any way that violates applicable local, national, or international law or regulation
  • Transmit any unsolicited or unauthorized advertising, promotional materials, or spam
  • Knowingly introduce viruses, trojans, worms, or other technologically harmful materials
  • Attempt to gain unauthorized access to our web server, databases, or third-party accounts
  • Scrape, duplicate, reverse engineer, or republish source code, layouts, or portfolio case studies without written permission

3 Professional Agency Services

Avishkar Studio provides professional digital services, including:

  • Web Design & Development: Bespoke corporate websites, landing pages, responsive frontends, and dynamic web applications.
  • Custom Application Development: Mobile apps, backend architectures, and custom digital software solutions.
  • UI/UX Design: User research, wireframing, interactive prototyping in Figma, and design systems.
  • Branding & Visual Identity: Logo creation, brand guidelines, typography palettes, and visual identity collateral.
  • Search Engine Optimization (SEO): On-page technical SEO, structured data implementation, and performance optimization.
  • Content & Copywriting: Commercial website copywriting, article drafting, and promotional content.
  • Technical Maintenance & Support: Ongoing webmaster support, server maintenance retainers, and troubleshooting.

4 Client Responsibilities & Materials

Successful project execution requires active collaboration. The client agrees to:

  • Provide Complete Materials: Deliver necessary project assets (such as high-resolution logos, text copy, images, product data, and brand guidelines) in a timely manner.
  • Clear Intellectual Property Rights: Warrant that all text, imagery, trademarks, and third-party data supplied to Avishkar Studio are owned by the client or properly licensed.
  • Timely Feedback: Review submitted milestones, wireframes, drafts, or staging links and provide consolidated feedback within agreed project communication cycles.
  • Access Credentials: Provide necessary server credentials, domain management access, DNS access, or API keys where required for project deployment.
  • Timely Settlement: Pay milestone invoices on schedule in accordance with the applicable project agreement.

5 Statements of Work (SOW) & Precedence

Individual commercial engagements are formalized through a dedicated Statement of Work (SOW), formal quotation, project proposal, or written service agreement signed or accepted by both parties.

Each project-specific document details project scope, technical specifications, deliverable milestones, payment schedules, and delivery timelines. In the event of an express conflict between these general website Terms and an executed project SOW, the specific terms of the executed SOW shall take precedence for that project.

6 Scope Changes & Feature Additions

Deliverables are limited to items explicitly described in the agreed SOW or project specification. Any requested additions, new feature sets, structural revisions outside agreed limits, or significant changes to approved mockups constitute a Scope Change.

Scope changes will be evaluated by Avishkar Studio, and an estimate for additional labor and adjusted delivery dates will be presented to the client for written approval prior to commencing work on the additional scope.

7 Intellectual Property Rights Division

Intellectual property in custom digital deliverables is apportioned as follows:

  • Client Content: The client retains all ownership and intellectual property rights in logos, trademarks, text copy, images, and proprietary business data provided by the client.
  • Custom Deliverables: Upon full and final settlement of all project invoices, Avishkar Studio transfers to the client all intellectual property rights in the bespoke front-end designs, custom graphic elements, and unique code written specifically for the client's project, as defined in the SOW.
  • Studio Retained Libraries & Frameworks: Avishkar Studio retains all rights, title, and interest in its pre-existing tools, generic routines, reusable UI patterns, libraries, templates, and development frameworks. The client receives a non-exclusive, perpetual, royalty-free license to use such embedded routines as part of the delivered project.
  • Third-Party Materials: Open-source software, CMS engines (such as WordPress), third-party plugins, web fonts, and stock photography remain governed by their respective licenses.

8 Payment Terms & Billing Schedules

Project fees, advance deposits, and progressive milestone payments are set forth in the applicable quotation, proposal, or invoice:

  • Milestone Payments: Projects typically require an initial commencement deposit followed by milestone-based installments tied to verifiable delivery stages.
  • Payment Methods: Invoices are payable via electronic bank transfer (IMPS, NEFT, RTGS), UPI, or authorized payment link as indicated on the invoice.
  • Taxes: Unless explicitly stated otherwise, project estimates are exclusive of applicable statutory taxes.
  • Late Settlement: Invoices remaining unpaid past the due date specified on the invoice may result in temporary suspension of active development or withholding of final deployment credentials until accounts are settled.

9 Project Suspension & Termination

Either party may terminate an engagement for material breach if the other party fails to remedy such breach within 14 calendar days of receiving written notice.

If a client halts communication or fails to provide required assets, feedback, or approvals for more than 30 consecutive calendar days, Avishkar Studio reserves the right to archive the project. Reactivation will depend on studio scheduling and may require an administrative reactivation fee as outlined in our Refund & Cancellation Policy.

10 Warranty & Technical Support

Specific warranty windows and complimentary bug-fix periods (such as a 14 to 30-day post-launch support window) are defined in the individual project SOW.

During any agreed warranty period, Avishkar Studio will correct technical defects or deviations from approved specifications at no additional cost. The warranty does not cover defects caused by third-party hosting server downtime, client alterations to source code, unsupported browser environments, or external API modifications made by third-party vendors. Ongoing maintenance beyond agreed warranty terms is available under separate maintenance agreements.

11 Third-Party Platforms & Dependencies

Digital products frequently rely on external systems such as web hosts (e.g. Hostinger), cloud databases (Google Firebase), form processors (Formspree), payment gateways, or communication APIs.

Avishkar Studio does not own, control, or operate these third-party platforms. We are not liable for server downtime, API deprecations, pricing changes, or service interruptions caused by third-party providers.

12 Acceptable Technology & Security Rules

Users and clients interacting with our digital systems agree to uphold standard digital hygiene and cybersecurity practices:

  • Do not attempt unauthorized access to restricted directories, staging environments, or source code repositories
  • Do not upload, transmit, or inject malicious code, malware, viruses, or cross-site scripting payloads
  • Maintain the confidentiality of administrative credentials and access tokens assigned to you
  • Do not execute automated vulnerability scanners, brute-force attacks, or denial-of-service tests against our website without written authorization

These obligations are contractual standards of conduct and do not represent a representation or warranty of complete cybersecurity.

13 Limitation of Liability

To the maximum extent permitted by applicable law:

  • In no event shall Avishkar Studio or its owner be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or commercial opportunities, arising from website use or delivered services.
  • The aggregate liability of Avishkar Studio arising under or relating to any project engagement, whether in contract, tort, or otherwise, shall be strictly capped at the total professional service fees actually received by Avishkar Studio for the specific project or milestone giving rise to the claim.

Nothing in these Terms limits or excludes liability for fraud, willful misconduct, or any mandatory liability that cannot be excluded under applicable Indian law.

14 Governing Law & Jurisdiction

These Terms and any individual service engagements shall be governed by, interpreted, and construed in accordance with the substantive laws of India.

Subject to the dispute resolution procedure below, any legal action, dispute, or proceeding arising in connection with these Terms or related service engagements shall be subject to the jurisdiction of the competent courts in India, in accordance with applicable procedural law.

15 Tiered Dispute Resolution

In the event of any disagreement or dispute arising out of or related to these Terms or project deliverables:

  1. Informal Resolution: The parties shall first attempt in good faith to resolve the dispute through direct commercial discussions between authorized representatives within 21 calendar days of written notice.
  2. Written Escalation: If unresolved, the parties shall exchange formal written position statements setting out the factual basis of the dispute.
  3. Mediation: The parties may mutually agree to submit the matter to non-binding mediation before pursuing formal legal action.
  4. Legal Proceedings: If the dispute remains unresolved following these efforts, either party may initiate proceedings in the competent courts of India.

16 Severability & Entire Agreement

If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

These Terms, together with any executed project SOW or proposal, constitute the entire understanding between the parties regarding the subject matter herein.

17 Modifications to Terms

Avishkar Studio reserves the right to update or modify these Terms periodically to reflect evolving commercial practices or legal developments. Updated terms will be posted on this page with an amended "Last Updated" date. Active project contracts remain governed by the terms in effect when the SOW was executed, unless mutually amended in writing.

18 Commercial Contact Information

For commercial inquiries, contract notices, or questions regarding these Terms:

Trading / Brand Name Avishkar Studio
Business Status Independent / Proprietary Business
Owner / Authorised Representative Avishkar Deshmukh
General Contact info@avishkarstudio.com
Privacy & Grievance Contact Avishkar Deshmukh (Owner / Authorised Representative)
info@avishkarstudio.com
Telephone +91 9146964882
Direct Communication

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