Terms and Conditions

Introduction

Welcome to Eliza Infotech Pvt. Ltd. These Terms and Conditions (“Terms”) govern your use of our website (https://elizainfotech.com), services, applications, and products (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Last Updated: April 2, 2025

1. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Refund Policy, which are incorporated herein by reference.

2. Company Information

Eliza Infotech Pvt. Ltd.
29/20, 8 Marla Colony, Jattal Road, Panipat
GSTIN: 06HHQPS1919L1ZJ
Email: [email protected]
Phone: +918572082398
Hours of Operation: Monday to Friday, 9:00 AM to 6:00 PM IST

3. Services Description

Eliza Infotech specializes in providing the following services:

AI (Artificial Intelligence) solutions and development
Blockchain technology implementation and consulting
Flutter application development
IT solutions for digital transformation
Custom software development
Technology consulting services
Website and mobile application development
Cloud integration services
Digital strategy and implementation

The specific details, deliverables, timelines, and costs for any services will be outlined in a separate Statement of Work (SOW) or service agreement between Eliza Infotech and the client.

4. User Accounts and Registration

4.1 Account Creation

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

5. Payments and Billing

5.1 Fee Structure

The fees for our Services are outlined in the applicable SOW, service agreement, or on our website. All fees are quoted in the specified currency and are exclusive of applicable taxes unless otherwise stated.

5.2 Payment Terms

Payment methods accepted include bank transfers, credit cards, and other methods specified on our website or in the service agreement.
For project-based services, payment schedules will be outlined in the SOW or service agreement.
For subscription-based services, payments will be charged at the beginning of each billing cycle.
Invoices are due within 15 days of issuance unless otherwise specified.

5.3 Late Payments

Late payments may result in:

Late payment fees of 1.5% per month or the maximum rate permitted by law
Suspension of services until payment is received
Termination of the service agreement for material breach

6. Service Delivery and Client Responsibilities

6.1 Service Delivery

Eliza Infotech will:

Deliver services in accordance with the specifications outlined in the SOW or service agreement
Make reasonable efforts to meet agreed-upon timelines
Communicate regularly about project status and any potential delays
Maintain professional standards in all service delivery

6.2 Client Responsibilities

Clients are responsible for:

Providing timely access to necessary systems, information, and resources
Reviewing and approving deliverables within the specified timeframe
Appointing a primary point of contact for communication
Providing feedback promptly when requested
Ensuring all client-provided content and materials do not violate any laws or third-party rights

6.3 Change Management

Any modifications to the scope, deliverables, timeline, or costs after the service agreement has been signed will require a written change order approved by both parties.

7. Intellectual Property Rights

7.1 Eliza Infotech’s Intellectual Property

All intellectual property rights in and to the Services, including but not limited to software, designs, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and code, are owned by Eliza Infotech or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

7.2 Client Materials

Clients retain all rights to materials, content, data, and intellectual property provided to Eliza Infotech for the purpose of service delivery.

7.3 Deliverables and Work Product

Unless explicitly stated otherwise in the SOW or service agreement:

Custom Development: The client will receive full ownership rights to custom code and deliverables created specifically for the client upon full payment.
Pre-existing Materials: Eliza Infotech retains all rights to pre-existing materials, frameworks, tools, and methodologies used in the delivery of services.
Third-Party Components: Rights to third-party components will be subject to the respective third-party licenses.

7.4 License Grant

Eliza Infotech grants clients a non-exclusive, non-transferable license to use the deliverables for their intended purpose as outlined in the service agreement.

8. Confidentiality

8.1 Confidential Information

Both parties agree to keep confidential all non-public information disclosed during the course of the business relationship, including but not limited to:

Business strategies and plans
Technical specifications and designs
Financial information
Client or customer data
Proprietary methodologies and processes

8.2 Protection Measures

Both parties agree to:

Use the same degree of care to protect confidential information as they use to protect their own confidential information
Not disclose confidential information to any third party without prior written consent
Ensure that employees and contractors who access confidential information are bound by similar confidentiality obligations

8.3 Exceptions

Confidentiality obligations do not apply to information that:

Is or becomes publicly available through no fault of the receiving party
Was lawfully known to the receiving party before disclosure
Is lawfully received from a third party without restriction
Is independently developed by the receiving party without use of confidential information
Must be disclosed by law or court order

9. Data Protection and Privacy

Eliza Infotech’s collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection, processing, and storage of your personal data as described in our Privacy Policy.

10. Warranties and Disclaimers

10.1 Service Warranties

Eliza Infotech warrants that:

Services will be performed in a professional and workmanlike manner
Services will materially conform to the specifications in the SOW or service agreement
We have the right and authority to enter into service agreements and provide the Services

10.2 Warranty Period

Warranty claims must be submitted in writing within 30 days of service delivery, after which the services will be deemed accepted.

10.3 Warranty Remedies

If services do not conform to the warranties, Eliza Infotech will, at its option and expense:

Re-perform the non-conforming services
Refund the fees paid for the non-conforming services

10.4 Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ELIZA INFOTECH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY ERRORS WILL BE CORRECTED.

11. Limitation of Liability

11.1 Exclusion of Certain Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ELIZA INFOTECH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

11.2 Liability Cap

IN NO EVENT SHALL ELIZA INFOTECH’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE CLIENT TO ELIZA INFOTECH FOR THE SERVICES AT ISSUE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.3 Exceptions

The limitations of liability in this section do not apply to:

Liability arising from gross negligence or willful misconduct
Breach of confidentiality obligations
Infringement of intellectual property rights
Payment obligations

12. Indemnification

12.1 Client Indemnification

The client agrees to indemnify, defend, and hold harmless Eliza Infotech and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from:

The client’s use of the Services
The client’s violation of these Terms
The client’s violation of any rights of a third party
Client-provided materials or content

12.2 Eliza Infotech Indemnification

Eliza Infotech agrees to indemnify, defend, and hold harmless the client from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from allegations that the Services, as provided by Eliza Infotech, infringe the intellectual property rights of a third party.

12.3 Indemnification Procedure

The indemnified party shall:

Promptly notify the indemnifying party of any claim
Allow the indemnifying party to control the defense and settlement of the claim
Cooperate with the indemnifying party in the defense and settlement of the claim

13. Term and Termination

13.1 Term

These Terms remain in effect until terminated by either party as described below.

13.2 Termination by Client

The client may terminate these Terms or any service agreement by:

Providing 30 days’ written notice
Immediately in the event of Eliza Infotech’s material breach that remains uncured for 30 days after written notice

13.3 Termination by Eliza Infotech

Eliza Infotech may terminate these Terms or any service agreement by:

Providing 30 days’ written notice
Immediately if the client fails to pay any undisputed amount when due
Immediately in the event of the client’s material breach that remains uncured for 30 days after written notice

13.4 Effect of Termination

Upon termination:

The client shall pay all outstanding fees for services rendered up to the date of termination
Each party shall return or destroy all confidential information of the other party
Sections of these Terms that by their nature should survive termination shall survive

14. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, civil unrest, government actions, labor disputes, or Internet service provider failures.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal legal proceeding, the parties agree to attempt in good faith to resolve any dispute through negotiation between executives with authority to settle the dispute.

15.2 Arbitration

Any dispute arising out of or relating to these Terms that cannot be resolved informally shall be finally settled by binding arbitration. The arbitration shall be conducted in accordance with the Indian Arbitration and Conciliation Act, 1996.

15.3 Venue

The venue for arbitration shall be Panipat, Haryana, India.

15.4 Language

The arbitration proceedings shall be conducted in English.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, Refund Policy, and any applicable SOW or service agreement, constitute the entire agreement between the parties relating to the subject matter hereof and supersede all prior or contemporaneous oral or written agreements.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

17.3 No 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 a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

The client may not assign or transfer these Terms or any rights or obligations hereunder without Eliza Infotech’s prior written consent. Eliza Infotech may assign these Terms to any successor to its business.

17.5 Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties.

17.6 Notices

All notices under these Terms shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, or sent by registered or certified mail to the address specified in the service agreement or such other address as may be specified in writing.

17.7 Electronic Communications

By using our Services, you consent to receive communications from us electronically and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

17.8 Modifications to Terms

Eliza Infotech reserves the right to modify these Terms at any time. We will provide notice of any material changes through our website or by sending an email to the address associated with your account. Your continued use of the Services after such modifications shall constitute your acceptance of the modified Terms.

18. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Eliza Infotech Pvt. Ltd.
29/20, 8 Marla Colony, Jattal Road, Panipat
Email: [email protected]
Phone: +918572082398

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Eliza Infotech Pvt. Ltd.
29/20, 8 Marla Colony, Jattal Road, Panipat
GSTIN: 06HHQPS1919L1ZJ