Terms and Conditions

1. Introduction

1.1 Welcome to DAPL (formerly known as Digital Aptech Pvt Ltd). These Terms and Conditions (“Terms”) govern your use of our websites, applications, and services (“Services”).

1.2 By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Definitions

2.1 “Services” refers to all products, services, content, features, technologies, or functions offered by DAPL.

2.2 “User” or “you” refers to any person or entity accessing or using our Services.

2.3 “We,” “us,” and “our” refer to DAPL.

3. Eligibility

3.1 You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old.

3.2 If you are using our Services on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

4. Account Registration

4.1 To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process.

4.2 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. User Conduct

5.1 You agree to use our Services only for lawful purposes and in accordance with these Terms.

5.2 You agree not to:

Violate any applicable laws or regulations.
Infringe the rights of others.
Transmit any material that is harmful, offensive, or otherwise objectionable.
Engage in any activity that could harm or disrupt our Services or systems.

6. Intellectual Property

6.1 All content and materials provided through our Services, including but not limited to text, graphics, logos, images, and software, are the intellectual property of DAPL or its licensors.

6.2 You are granted a limited, non-exclusive, non-transferable license to access and use our Services for personal or internal business use only. You agree not to reproduce, distribute, modify, or create derivative works from any content or materials without our prior written consent.

7. Payment and Billing

7.1 Certain Services may be subject to fees. You agree to pay all applicable fees in accordance with the payment terms presented to you at the time of purchase.

7.2 All payments are due in the currency specified and must be made using the payment methods we provide. You are responsible for any taxes applicable to your purchase.

8. Cancellation Policy

8.1 You may cancel your subscription or order for our Services at any time by following the instructions on our websites or by contacting customer support.

8.2 Refunds will be provided in accordance with our Refund Policy, which is available on our websites. Generally, refunds are only available for cancellations made within a specified period after purchase, as detailed in the Refund Policy.

9. Delivery Policy

9.1 For software development projects, delivery timelines will be agreed upon in the project contract. We will use reasonable efforts to meet these timelines.

9.2 Delivery of digital products, including software and documentation, will typically be made electronically through secure download links or via email.

10. Breach of Terms and Conditions

10.1 We reserve the right to suspend or terminate your access to our Services if you breach any provision of these Terms or if we suspect any fraudulent, abusive, or illegal activity.

10.2 In the event of a breach, we may pursue legal remedies available under applicable law.

11. Disclaimer Regarding Warranty

11.1 Our Services are provided “as is” and “as available,” without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 We do not warrant that our Services will be uninterrupted, secure, or error-free, or that any defects will be corrected.

12. Limitation of Liability

12.1 To the fullest extent permitted by law, DAPL shall not 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, resulting from:

Your use or inability to use our Services.
Any unauthorized access to or use of our servers and/or any personal information stored therein.
Any interruption or cessation of transmission to or from our Services.
Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party.
Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through our Services.

13. Indemnification

13.1 You agree to indemnify, defend, and hold harmless DAPL and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of our Services or your violation of these Terms.

14. Governing Law and Dispute Resolution

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

14.2 Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the Indian Arbitration Association. The arbitration shall be conducted in West Bengal, India, and the language of arbitration shall be English.

15. Changes to These Terms and Conditions

15.1 We may update these Terms from time to time to reflect changes in our practices or legal requirements. We will notify you of any material changes by posting the updated terms on our websites or by other means.

15.2 Your continued use of our Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new terms, you must stop using our Services.

16. Miscellaneous

16.1 Entire Agreement: These Terms constitute the entire agreement between you and DAPL regarding your use of our Services and supersede all prior and contemporaneous understandings and agreements, whether written or oral.

16.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.3 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 our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.

16.5 Force Majeure: We shall not be liable for any failure to perform our obligations under these Terms due to events beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16.6 Notices: All notices and other communications required or permitted under these Terms shall be in writing and shall be deemed to have been given if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, or by recognized courier service, to the address provided in your account or to such other address as either party may specify by notice to the other party.

16.7 Third-Party Beneficiaries: These Terms do not and are not intended to confer any rights or remedies upon any person other than you and DAPL.

16.8 No Agency: No agency, partnership, joint venture, or employment relationship is created between you and DAPL as a result of these Terms, and you do not have any authority of any kind to bind DAPL in any respect whatsoever.

17. Specific Service Terms

17.1 Software Development Services

17.1.1 Scope: Our software development services include the design, development, testing, and maintenance of software applications tailored to your requirements.

17.1.2 Project Timelines: We will provide estimated timelines for project completion. These timelines are subject to change based on project complexity, scope changes, and other factors.

17.1.3 Intellectual Property: Unless otherwise agreed in writing, all intellectual property rights in the software developed by us will remain with DAPL until full payment has been made. Upon full payment, ownership of the software will transfer to you, subject to any third-party licenses used in the development.

17.1.4 Support and Maintenance: We offer support and maintenance services for the software we develop. These services are subject to separate agreements and fees.

17.2 IT Staffing Services

17.2.1 Scope: Our IT staffing services include providing qualified IT professionals to work on your projects, either on-site or remotely.

17.2.2 Selection and Placement: We will use reasonable efforts to match candidates with your requirements. However, we do not guarantee the suitability or performance of any candidate.

17.2.3 Employment Relationship: IT professionals provided through our staffing services will remain employees or contractors of DAPL, unless otherwise agreed in writing.

17.2.4 Billing and Payment: You agree to pay the fees for our staffing services as specified in the applicable service agreement. Payment terms and conditions will be outlined in the agreement.

17.2.5 Termination: Either party may terminate the staffing agreement by providing written notice in accordance with the terms specified in the agreement. Upon termination, you agree to pay for all services rendered up to the termination date.

17.2.6 Confidentiality: Both parties agree to maintain the confidentiality of all information related to the staffing services, including candidate details, project requirements, and proprietary business information.

17.3 Digital Marketing Services

17.3.1 Scope: Our digital marketing services include search engine optimization (SEO), pay-per-click (PPC) advertising, social media marketing, content marketing, email marketing, and other related services.

17.3.2 Performance and Results: While we will use reasonable efforts to achieve desired marketing outcomes, we do not guarantee specific results. Marketing performance can be influenced by many factors beyond our control.

17.3.3 Campaign Management: You agree to provide timely feedback and approvals necessary for campaign execution. We will manage and optimize campaigns based on agreed-upon strategies and objectives.

17.3.4 Fees and Payments: You agree to pay the fees for our digital marketing services as specified in the applicable service agreement. Payment terms and conditions will be outlined in the agreement.

17.4 Consulting Services

17.4.1 Scope: Our consulting services include providing expert advice and solutions in various areas such as IT strategy, project management, business analysis, and technology implementation.

17.4.2 Deliverables: We will provide deliverables as specified in the consulting agreement. These may include reports, recommendations, project plans, and other consulting outputs.

17.4.3 Confidentiality: Both parties agree to maintain the confidentiality of all information related to the consulting services, including project details, business information, and proprietary methodologies.

17.4.4 Billing and Payment: You agree to pay the fees for our consulting services as specified in the applicable service agreement. Payment terms and conditions will be outlined in the agreement.

18. Service-Specific Disclaimers

18.1 Software Development: While we strive to deliver high-quality software, you acknowledge that no software is completely free from defects. We do not warrant that the software will meet all of your requirements or operate uninterrupted or error-free.

18.2 IT Staffing: We provide IT professionals based on your specified requirements. However, we do not guarantee the performance or suitability of any individual candidate. You are responsible for supervising and managing the work of the IT professionals provided.

18.3 Digital Marketing: Marketing results can vary significantly based on numerous factors. We do not guarantee specific outcomes or performance levels for any marketing campaigns.

18.4 Consulting: Our consulting advice and recommendations are based on the information provided by you and our expertise. We do not guarantee specific outcomes or results from our consulting services.

19. Data Protection

19.1 We are committed to protecting your personal data. Our use of your personal data is governed by our Privacy Policy, which is available on our websites.

19.2 You agree to comply with all applicable data protection laws and regulations when using our Services.