Master Software Licensing & Commercial Terms
Terms of Service & Master Service Agreement
Legally binding Master Service Agreement (MSA) governing software engineering, 100% perpetual source code ownership, milestone stage payments, technical warranty SLA, and cloud hosting provisions.
Last Revised: October 2026 • Governed by Information Technology Act 2000 & Indian Contract Act 1872
Agreement Articles
- 1. Agreement & Engagement Framework
- 2. Scope of Work, Milestones & Deliverables
- 3. 100% Perpetual Lifetime Code Ownership & IP Handover
- 4. Payment Terms, Milestone Billing & Taxes
- 5. Complimentary 60-Day Technical Warranty & Support SLA
- 6. Third-Party Services & API Dependencies
- 7. Limitation of Liability & Mutual Indemnity
- 8. Governing Law & Exclusive Jurisdiction
- Terms Frequently Asked Questions
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legal@kirtikainfotech.com
legal@kirtikainfotech.com
1. Agreement & Engagement Framework
By commissioning software engineering services, purchasing turnkey platforms (eStore 7 Themes, BharatHR Suite, School/Hospital ERP), or executing a formal statement of work with Kirtika Infotech (OPC) Private Limited, you agree to be bound by these Terms of Service. These terms constitute a legally enforceable contract between you ('Client') and Kirtika Infotech ('Company').
2. Scope of Work, Milestones & Deliverables
• Defined SOW: All engineering engagements are executed against a documented Scope of Work (SOW) detailing architecture specifications, user workflows, and delivery timelines.
• Milestone Acceptance: Projects are divided into transparent milestones (e.g., Sprint 1: UI/UX & DB Architecture, Sprint 2: Core Functionality, Sprint 3: Live Staging & QA). Deliverables are staged on test servers for client review.
• Scope Creep Management: Requests for new features or structural modifications outside the signed SOW will be scoped separately under a Change Request (CR) with itemized budget and timeline adjustments.
3. 100% Perpetual Lifetime Code Ownership & IP Handover
• Full IP Transfer: Upon receipt of 100% milestone financial settlement, the Client receives complete, perpetual, unencumbered intellectual property rights and full source code access for all custom development.
• Zero Royalty & Zero Lock-in: The Client is under no obligation to pay recurring agency royalties. You have the total legal right to host, modify, scale, or migrate the software to any server infrastructure of your choice.
• Proprietary Core Libraries: Core turnkey engines (e.g., eStore Multi-Theme switchers) are provided under perpetual commercial deployment licenses for unlimited self-hosted use.
4. Payment Terms, Milestone Billing & Taxes
• Milestone Staging: Standard projects follow a 3-stage milestone plan: 30% Advance Kickoff, 40% Staging Demo Review, and 30% Final Handover & DNS Launch.
• GST Invoicing: All invoices issued are legally compliant B2B tax invoices under GST laws with formal HSN/SAC codes (998314 / 998315).
• Timely Payment: Invoices are payable within 7 business days of milestone sign-off. Work on subsequent milestones proceeds upon settlement of preceding deliverables.
5. Complimentary 60-Day Technical Warranty & Support SLA
• 60-Day Bug-Free Guarantee: Every software build includes a complimentary 60-calendar-day post-launch technical warranty covering bug fixes, rendering issues, and error corrections within the contracted scope.
• High Availability SLA: For platforms hosted on Kirtika Infotech NVMe Cloud infrastructure, we provide a 99.98% monthly uptime commitment backed by automated daily snapshots and 24/7 server monitoring.
6. Third-Party Services & API Dependencies
The Company is not liable for service outages, rate limiting, or policy changes enacted by external third-party service providers (such as WhatsApp Business API, Razorpay, PhonePe, Google Cloud, AWS, or Apple Developer Portal). We provide direct integration support using industry-standard protocols.
7. Limitation of Liability & Mutual Indemnity
To the maximum extent permitted by applicable Indian law, neither party shall be liable for indirect, incidental, or consequential damages. The Company's aggregate liability under any contract shall not exceed the total fees received for the specific project milestone giving rise to the claim.
8. Governing Law & Exclusive Jurisdiction
This Agreement is governed by the laws of India. Any unresolved dispute arising out of or in connection with this contract shall be submitted to the exclusive jurisdiction of the competent civil courts in Delhi, India.
Official 18% GST B2B Invoicing & Input Tax Credit (ITC)
All commercial software licenses and cloud services billed by Kirtika Infotech (GSTIN: 09CMAPK1181L2ZW, PAN: CMAPK1181L) are classified under HSN/SAC Code 997331 (Information Technology & Software Products). An 18% Goods and Services Tax (GST) is levied as per Government of India statutory mandates. Registered business entities providing their GSTIN at checkout receive official GSTR-1 compliant tax invoices for 100% Input Tax Credit claims.
Terms Frequently Asked Questions
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Jurisdiction & Arbitration: These terms are governed exclusively by the laws of India. Any dispute arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the competent courts in Orai / Jalaun, Uttar Pradesh, India.