Disclaimer

Please read through our disclaimer and terms.

1.0 Qualifications:

• 1.1 The Client must be at least eighteen (18) years of age to use services offered by Jain Brothers.

2.0 Binding Agreement:

• 2.1 These terms and conditions outline the rules and regulations for using the services of Jain Brothers.
• 2.2 By using any services provided by Jain Brothers, the Client agrees to be bound by these Terms.
• 2.3 If the Client disagrees with any part of the Terms, then they will not be offered any services from Jain Brothers, and if any Terms should be breached during the Project Timeline (from initial payment to delivery), Jain Brothers is not obligated to continue offering their services.

3.0 Project Specifications and Estimates:

• 3.1 Project Specifications:
• 3.1.1 The Client understands that the details of their desired project and its entire scope is contained within the ‘Project Spec’ and that development of the project commences after the ‘Project Spec’ is approved by the Client.
• 3.1.2 The Client understands that any additions, changes, or requests regarding the project should be raised before the approval of the ‘Project Spec’, otherwise further accepted additions, changes, or requests post approval of the ‘Project Spec’ are subject to additional fees and extension to the prior presented estimated project deadline.
• 3.2 Delivery Estimates:
• 3.2.1 The Client understands that estimated delivery deadlines are calculated by taking into account development time, testing time, and error fixing time, and are by no means a completely accurate timeframe.
• 3.2.2 The Client understands that should they request additions or changes during development, the estimated delivery deadline is subject to appropriate changes.
• 3.3 Commencement Date
• 3.3.1 The Client understands that the commencement point of development is the date from which initial payment has been successfully received by Jain Brothers.
• 3.4 Clients on Retainer:
• 3.4.1 If the Client has paid for a retainer package, article 3.1.2 does not apply regarding additional fees. Estimated delivery time is still subject to potential extensions.

4.0 Client Responsibilities:

• 4.1 Information Provision:
• 4.1.1 The Client agrees to provide all necessary information for the project in a timely manner and with clarity as requested by Jain Brothers.
• 4.1.2 The Client is required to provide all their project specifications in typed form through email to Jain Brothers.
• 4.1.3 The Client understands that reliance on details relayed only in oral form (such as during a Client call) is not binding and is not guaranteed to be taken into account during the drafting of the ‘Project Spec’.
• 4.1.4 The Client agrees that failure to provide all necessary information regarding the project before the project approval will negatively impact development, estimated delivery deadlines, and overall Client satisfaction.
• 4.2 Client Approval of Project Spec:
• 4.2.1 The Client will have a designated point of contact for reviewing and approving deliverables.
• 4.2.2 The Client agrees to give their approval to the ‘Project Spec’ only once they are satisfied all necessary details pertaining to the structure and functioning of their project have been put into writing and are ready for development to commence.
• 4.2.3 The Client understands that significant delays in approval may cause delays in project timelines.
• 4.3 Client Risk:
• 4.3.1 The Client acknowledges that trading financial instruments involves substantial risk and that past performance is not necessarily indicative of future results.
• 4.3.2 The Client is solely responsible for determining whether to use the final product resulting from the employed services of Jain Brothers and for the consequences of all trading decisions relating to it.
• 4.3.3 The Client agrees to indemnify and hold harmless Jain Brothers from all claims, losses, damages, liabilities, costs, and expenses (including attorney fees) arising out of or relating to the Client's use of the services or final product.

5.0 Agency Responsibilities:

• 5.1 Warranty:
• 5.1.1 Jain Brothers guarantees a one (1) year warranty to its Client on the initially delivered code.
• 5.2 Data Confidentiality:
• 5.2.1 Jain Brothers agrees to maintain Client confidentiality on all project data accrued during project development.

6.0 Payment Terms:

• 6.1 Upfront Payment:
• 6.1.1 The Client agrees to pay the quoted price of their project upfront and in full unless other payment methods have been mutually agreed upon by both the Client and Jain Brothers.
• 6.2 Other Payment Methods:
• 6.2.1 The Client agrees to pay the full quoted price of their project in divided increments on the assigned dates as specified by Jain Brothers.
• 6.3 Late Payment:
• 6.3.1 The Client agrees that any due payments to Jain Brothers will be billed automatically upon notice should the Client fail to pay on the specified date(s).

7.0 Refund Policy:

• 7.1 The Client understands that Jain Brothers does not provide any refunds once project development has commenced.

8.0 Termination:

• 8.1 Client-side Termination:
• 8.1.1 The Client may terminate the service provided by Jain Brothers at any time provided they do so with written notice to Jain Brothers as soon as possible.
• 8.1.2 If a Force Majeure Event continues for a period exceeding thirty (30) days, the Client may, by written notice to Jain Brothers, terminate the employment of the provided service.
• 8.1.3 Upon termination, the Client agrees to pay Jain Brothers for all Services rendered up to the date of termination in accordance with the 6.0 Payment Terms of this document.
• 8.2 Agency-side Termination:
• 8.2.1 Should the Client no longer agree, breach or be found in dispute over the Terms of this document, Jain Brothers will no longer be obligated to continue providing services with written notice to the Client.
• 8.2.2 The Client agrees to treat Jain Brothers and its representatives with professionalism and respect. This includes, but is not limited to, refraining from abusive or offensive language, threats, harassment, or unreasonable demands.
• 8.2.3 Examples of unreasonable demands include, but are not limited to, demands that are outside the scope of the approved ‘Project Spec’, are excessively burdensome, or are delivered with unrealistic deadlines.
• 8.2.4 If the Client is deemed to engage in mistreatment of Jain Brothers and its representatives according to 8.2.2 and 8.2.3, Jain Brothers reserves the right to terminate its services without refund.

9.0 Data Ownership and Return:

• 9.1 The Client understands that Jain Brothers reserves the right to retain all project data accrued during consultation and development post-service termination.

10.0 Additional Considerations:

• 10.1 Limitation of Liability:
• 10.1.1 The Client agrees that in no event shall Jain Brothers be liable for any monetary damages, including, but not limited to, direct or indirect arising out of, or in connection with, the use of the provided services.
• 10.1.2 The Client understands that Jain Brothers does not warrant that the services it provides will be error-free or uninterrupted, or that they will produce any profitable or specific results. Jain Brothers disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose.
• 10.2 Force Majeure:
• 10.2.1 A Force Majeure Event shall mean any event or circumstance beyond the reasonable control of Jain Brothers, preventing or delaying the performance of its obligations in providing a service, and which could not have been prevented by Jain Brothers through the exercise of reasonable diligence.
• 10.2.2 Events of Force Majeure may include, but are not limited to:
• Acts of God, such as earthquakes, floods, hurricanes, tornadoes, lightning, or other severe weather events.
• Acts of war, terrorism, riot, or civil commotion.
• National emergencies, lockdowns, or quarantines.
• Power outages, internet outages, or other technological failures beyond Jain Brothers’ reasonable control.
• Material shortages or disruptions in essential supplies.
• Changes in laws or regulations that make it illegal or impractical to perform the Services.
• 10.2.3 The Client understands that in the circumstance of a Force Majeure Event, Jain Brothers shall be excused from performance of its obligations in providing the paid-for service for so long as such Force Majeure Event continues.
• 10.2.4 Jain Brothers shall use commercially reasonable efforts to promptly notify the Client of the Force Majeure Event and the anticipated duration of its effects.
• 10.2.5 Jain Brothers shall also use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance of its obligations to complete the service as soon as practicable.