01
Introduction
Welcome to SPACA Enterprise. These Terms and Conditions ("Terms") govern your use of our website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree, you may not access our services.
02
Definitions
For the purposes of these Terms:
- "Company" (also "We", "Us", "Our") refers to SPACA Enterprise.
- "Client" or "You" means the individual or entity accessing our services.
- "Services" refers to all IT and software development services provided by SPACA Enterprise.
- "Website" refers to SPACA Enterprise, accessible from https://spacaenterprise.com.
- "Agreement" means the contract between the Company and the Client for services.
03
Services & Scope
SPACA Enterprise provides IT and software development services including but not limited to:
- Website Development and Design
- Mobile Application Development (Android & iOS)
- Custom CRM Systems and Business Automation
- E-commerce Platform Development
- SaaS Application Development
- API Development and Third-Party Integration
- Cloud Deployment and Server Setup
- Payment Gateway Technical Integration
- WordPress & CMS Development
- Software Maintenance and Support
The specific scope of services will be defined in individual project agreements or service contracts.
Digital Services Only: SPACA Enterprise provides digital IT and software development services only. No physical products are sold or shipped. All deliverables are delivered digitally via email, cloud link, Git repository, or server access.
3A
Payment Processing Disclaimer
SPACA Enterprise is not a payment gateway, payment aggregator, wallet, bank, or financial institution. We are an IT and software development service provider registered in India.
- Payments for our services are processed securely through Razorpay (a third-party payment gateway regulated by RBI).
- We do not store card details, UPI credentials, net banking credentials, or any other payment authentication information.
- "Payment gateway integration" as a service means: technical software development to integrate a third-party gateway (Razorpay, Stripe, PayPal) into a client's website or app. This is a software development service only.
- Payments made to us are for IT/software development services, not for purchasing physical goods or financial products.
04
Acceptance of Terms
By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. You also agree to comply with all applicable laws and regulations regarding your use of our services.
05
User Responsibilities
When using our services, you agree to:
- Provide accurate, complete, and timely information required for project execution
- Respond to requests for feedback, approvals, or clarifications in a timely manner
- Ensure you have the necessary rights and permissions for any content or materials provided to us
- Not use our services for any illegal, harmful, or unauthorised purposes
- Maintain the confidentiality of any login credentials or access information
- Not attempt to reverse engineer, decompile, or disassemble any proprietary software or systems
06
Payment Terms
Payment terms will be specified in individual project proposals or agreements. Generally:
- Deposits: Projects typically require an upfront deposit (30–50%) before work begins.
- Milestones: Payments may be structured around project milestones as outlined in the agreement.
- Final Payment: Final payment is due upon project completion and before final delivery.
- Late Payments: Late payments may incur additional fees and may result in suspension of services.
- Refunds: Refund policies are project-specific and outlined in individual agreements.
07
Intellectual Property Rights
7.1 Ownership of Deliverables
Upon receipt of full payment, the Client will own the custom code and designs created specifically for their project. However, we retain ownership of:
- Pre-existing code, frameworks, libraries, and tools
- Reusable components and utilities developed by us
- Third-party software, plugins, and integrations
- Our proprietary methodologies and processes
7.2 License Grant
We grant you a non-exclusive, non-transferable licence to use any proprietary tools, frameworks, or components included in your project solely for the purposes of operating your delivered solution.
7.3 Portfolio Rights
We reserve the right to showcase completed projects in our portfolio, case studies, and marketing materials unless explicitly prohibited in writing by the Client.
08
Warranties and Disclaimers
8.1 Our Warranties
We warrant that:
- Services will be performed with reasonable skill and care
- Deliverables will substantially conform to agreed specifications
- We have the right to provide the services and grant necessary licences
8.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
09
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPACA ENTERPRISE SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Service interruptions or delays
- Third-party actions or content
Our total liability for any claims shall not exceed the amount paid by the Client for the specific services giving rise to the claim during the twelve (12) months preceding the claim.
10
Project Timeline and Delays
Project timelines are estimates. We make reasonable efforts to meet agreed deadlines. Timelines may be affected by:
- Delays in receiving required materials, feedback, or approvals from the Client
- Scope changes or additional requirements
- Technical challenges or unforeseen complications
- Third-party service dependencies
- Force majeure events
We will communicate any anticipated delays as soon as reasonably possible.
11
Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the engagement. This obligation continues for three (3) years after termination of services.
Confidential information does not include information that: (a) is or becomes publicly available through no breach of these Terms; (b) was rightfully in the receiving party's possession prior to disclosure; (c) is independently developed by the receiving party; or (d) is required to be disclosed by law or court order.
12
Termination
12.1 Termination by Client
You may terminate services at any time with written notice. You will be responsible for payment of all work completed up to the termination date, plus any non-cancellable expenses incurred.
12.2 Termination by Us
We may terminate services immediately if:
- You fail to pay invoices within 30 days of the due date
- You breach any material term of these Terms
- You engage in conduct that is harmful, illegal, or violates our policies
13
Maintenance and Support
Unless otherwise specified in a separate maintenance agreement:
- We provide a warranty period (typically 30–90 days) after project delivery for bug fixes
- Post-warranty support and maintenance are available through separate service agreements
- Emergency support may be available at premium rates
- Ongoing maintenance packages can be purchased separately
14
Third-Party Services and Content
Our services may integrate with or utilise third-party services, APIs, plugins, or content. We are not responsible for the availability, functionality, or policies of third-party services. You are responsible for:
- Obtaining and maintaining necessary third-party accounts and licences
- Complying with third-party terms of service
- Costs associated with third-party services
- Any issues arising from third-party service changes or discontinuation
15
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes via email or prominent notice on our website. Your continued use of our services after such modifications constitutes your acceptance of the updated Terms.
16
Dispute Resolution
- Negotiation: The parties agree to first attempt to resolve any dispute through good-faith negotiation.
- Mediation: If negotiation fails, disputes may be submitted to mediation before pursuing litigation.
- Governing Law: These Terms shall be governed by and construed in accordance with the laws of India.
- Jurisdiction: Any legal action must be brought exclusively in the courts of Ghaziabad, Uttar Pradesh / Delhi NCR, India.
17
Force Majeure
We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, labour disputes, internet or utility failures, governmental actions, pandemics, or natural disasters.
18
General Provisions
18.1 Entire Agreement
These Terms, together with any project-specific agreements and proposals, constitute the entire agreement between the parties and supersede all prior agreements and understandings.
18.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
18.3 Waiver
No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
18.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
19
Contact Information
If you have any questions about these Terms and Conditions, please contact us:
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.