Mashmalo Technology
Mashmalo Technology

📋 Terms & Conditions

Master Services Agreement (MSA)
Last Updated: 01 January 2025

This Master Services Agreement ("Agreement") is entered into by and between:

Mashmalo Technology ("Company", "we", "us", or "our"), an IT services and digital solutions provider based in Gurugram, Haryana, India;

AND

The Client ("you", "your"), being any individual, business, or entity engaging Mashmalo Technology for professional services.

By accessing our website, requesting a quotation, making a payment, or using our services, you confirm that you have read, understood, and agreed to be bound by these Terms & Conditions. This Agreement supersedes all prior discussions, communications, or understandings.

1

DEFINITIONS

  • Services: Website development, app development, digital marketing, SEO, UI/UX design, hosting assistance, maintenance, consulting, and support.
  • Project Proposal: Written scope, timeline, deliverables, and pricing shared by Mashmalo Technology.
  • Deliverables: Final outputs such as websites, source code, applications, designs, or reports.
  • Client Content: Text, images, data, credentials, branding, or materials provided by the Client.
  • Company IP: Mashmalo's pre-existing tools, frameworks, libraries, methodologies, and know-how.
  • Custom IP: Custom code or designs created specifically for the Client's project.
  • Change Order: Written approval for any work outside the original scope.
2

SCOPE OF SERVICES & CHANGE REQUESTS

2.1 All services are governed strictly by an approved Project Proposal.

2.2 Any additional request beyond scope requires a Change Order with revised cost and timeline.

2.3 Delays caused due to missing content, approvals, or feedback from the Client will extend timelines accordingly. Mashmalo is not liable for such delays.

3

CLIENT RESPONSIBILITIES

  • Provide accurate and lawful content in a timely manner
  • Assign a single point of contact
  • Ensure ownership or license of all materials shared
  • Approve milestones and feedback within 5 business days
  • Comply with third-party platform rules (Google, Meta, Apple, etc.)

Note: Failure to comply may result in delays or additional charges.

4

ACCEPTABLE USE & PROHIBITED CONTENT

The Client agrees not to use Mashmalo services for content or activities that are:

  • Illegal, misleading, defamatory, obscene, or abusive
  • Infringing on intellectual property rights
  • Harmful to minors or national security
  • Fraudulent, deceptive, or malicious
  • Containing malware or harmful code

Mashmalo reserves the right to suspend services for violations.

5

SERVICE-SPECIFIC TERMS

5.1 Digital Marketing

  • No guaranteed rankings, traffic, or ROI
  • Two revision rounds included unless stated otherwise
  • Ad spend and third-party fees are Client's responsibility

5.2 Website SEO Disclaimer

  • Only basic SEO setup included by default
  • Advanced or page-level SEO requires a separate agreement
  • Mashmalo does not guarantee search engine rankings

5.3 App Store Submissions

  • Client must provide developer accounts
  • Approval is subject to Google/Apple policies
  • Mashmalo is not liable for store rejections or delays
6

INTELLECTUAL PROPERTY

  • Company IP remains the sole property of Mashmalo
  • Custom IP ownership transfers only after full payment
  • Mashmalo may showcase completed projects in its portfolio
  • Reuse of proprietary components outside scope is prohibited
7

HOSTING, DOMAIN & SERVER TERMS

  • Client is responsible for renewals and ownership
  • Free hosting (if offered) is time-limited and discretionary
  • Mashmalo may charge migration or transfer fees
  • Paid hosting targets 99.5% uptime (excluding force majeure)
  • Mashmalo is not responsible for third-party server failures
8

FEES, PAYMENTS & TAXES

  • All prices exclude GST (18% applicable)
  • Payments are non-refundable
  • Late payments attract 5% monthly penalty
  • Work may be suspended for overdue invoices
9

TESTING, ACCEPTANCE & WARRANTY

  • UAT period: 15 business days
  • Project deemed accepted after UAT expiry
  • 30-day bug-fix warranty (scope-limited)
  • Warranty void if modified by Client or third party
10

FREEBIES & PROMOTIONAL OFFERS

  • Freebies are non-contractual and time-limited
  • No warranty or support unless stated
  • Mashmalo may withdraw freebies at discretion
  • Branding attribution may apply
11

SUPPORT & MAINTENANCE

  • Support scope defined in quotation
  • Major changes excluded
  • Post-handover modifications void support obligations
  • Additional fixes may be chargeable
12

CONFIDENTIALITY & DATA PROTECTION

  • Both parties must maintain confidentiality
  • Data handled per India's DPDPA, 2023
  • Confidentiality survives termination for 5 years
13

TERMINATION

  • Client cancellation attracts applicable charges
  • Non-response for 30 days may be treated as abandonment
  • Mashmalo may terminate for non-payment or breach
14

LIMITATION OF LIABILITY

  • Liability capped to fees paid by Client
  • No indirect or consequential damages
  • Client indemnifies Mashmalo for content misuse
15

GOVERNING LAW & DISPUTE RESOLUTION

  • Governed by Indian law
  • Jurisdiction: Kolkata High Court
  • Arbitration under Arbitration & Conciliation Act, 1996
16

GENERAL TERMS

  • Force Majeure applicable
  • Non-solicitation of Mashmalo staff (1 year)
  • Independent contractor relationship
  • Entire agreement clause applies

Use of Third-Party Software, Templates & Source Code

  • Mashmalo Technology may utilize licensed third-party software, templates, frameworks, plugins, libraries, or source code components obtained from reputable marketplaces or vendors to accelerate development and meet project timelines.
  • These components may include commercially licensed products from marketplaces such as CodeCanyon, ThemeForest, or similar platforms, as well as commonly used open-source frameworks and development libraries.
  • Such components may be customized, modified, integrated, or extended as part of the Client's project deliverables.
  • The Client acknowledges that certain parts of the project may rely on third-party software or frameworks and may remain subject to their respective licenses and terms of use.

Custom Development & Modifications

  • Mashmalo Technology may create custom features, modules, integrations, or functionality as required for the Client's project. These custom components may be developed independently or built on top of existing frameworks, templates, or third-party software.
  • Custom development may include modifications, enhancements, integrations, or additional functionality tailored specifically for the Client's requirements.
  • Ownership of such custom-developed components shall transfer to the Client only after full payment for the project has been received, unless otherwise agreed in writing.

Client-Provided Source Code, Data Retention & Deletion

  • Where the Client provides its own source code, software, application files, databases, website files, or other digital materials to Mashmalo Technology ("Mashmalo") for hosting, deployment, server management, maintenance, or related services, the ownership and intellectual property rights in such materials shall remain with the Client or its respective lawful owner.
  • Mashmalo shall store and maintain such Client-provided source code, files, and data only for the purpose and duration of the contracted services. Mashmalo shall not be responsible for maintaining, preserving, archiving, or storing the Client's source code or data beyond the applicable service period unless a separate written agreement specifically provides otherwise.
  • Upon expiry or termination of the Service Agreement, if the Client does not renew or otherwise enter into a separate written arrangement with Mashmalo, Mashmalo may retain the Client's source code, files, databases, and related data for a maximum period of 15 days from the date of expiry or termination.
  • After the expiry of such 15-day period, Mashmalo shall be entitled to permanently delete the Client's source code, files, databases, backups, and related data from its servers and systems, subject to applicable law and any separately agreed retention requirements.
  • The Client is solely responsible for maintaining its own copies and backups of its source code, software, databases, files, and other data. Mashmalo shall not be liable for any loss, deletion, corruption, or unavailability of such materials after the applicable retention period, including where the Client fails to renew the service or fails to request and obtain its data within the applicable retention period.
  • The Client acknowledges and agrees that Mashmalo has no obligation to retain, archive, preserve, or provide the Client's source code or data after the applicable retention period has expired, and any subsequent recovery or restoration, if technically possible, shall be subject to Mashmalo's availability, applicable charges, and separate written agreement.
  • The Client further acknowledges that hosting or storing its source code on Mashmalo's servers does not transfer any ownership or intellectual property rights in such source code to Mashmalo.
17

CONTACT INFORMATION

Mashmalo Technology

IT Park, Sector 44, Gurugram, Haryana – 122003

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