Terms and Conditions
Understand the terms of your engagement with us. Our conditions outline your rights and responsibilities when using our services.
1.Introduction
Welcome to Tart Labs, a leading software development company based in Coimbatore, India. Our website serves as a gateway to our innovative solutions, cutting-edge technologies, and expert services designed to meet the evolving needs of businesses across various industries. Whether you're here to explore our services, collaborate on a project, or simply learn more about us, we appreciate your interest and look forward to providing you with the best possible experience. These Terms and Conditions ("Terms") govern your access to and use of our website, products, and services. By using our website or services, you agree to comply with and be bound by these Terms. Please read them carefully, as they constitute a legally binding agreement between you and Tart Labs. If you do not agree with any part of these Terms, you should not use our website or services.
2.Definitions
"Services" refer to all the software development, IT consulting, hiring dedicated developers from us, and other related services provided by Tart Labs. "User" refers to any individual or entity accessing or using the Services. "Client" refers to any individual or entity entering into a contractual agreement with Tart Labs for Services. "Content" refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials.
3.Acceptance of Terms
By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional terms and conditions that may apply to specific services or features. If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. Continued use of our services signifies your acceptance of any changes made to these Terms.
4.Use of Services
4.1.Eligibility
To use our Services, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is higher. By using the Services, you represent and warrant that you meet the eligibility requirements.
4.2.User Responsibilities
You agree to use our Services only for lawful purposes and in compliance with all applicable laws. You are responsible for any content you create, transmit, or display while using our Services.
4.3.Account Security
If you create an account with us, you are responsible for maintaining the security of your account and all activities that occur under your account. Tart Labs is not liable for any loss or damage resulting from your failure to comply with this security obligation.
5.Scope of Service
5.1.IT Staff Augmentation Services and Hiring Dedicated Developers
5.1.1.
Service Scope:
Tart Labs offers IT staff augmentation services, including the hiring of dedicated developers on a contract basis. These services involve the temporary or long-term provision of skilled professionals to work under the Client's direction and supervision.
5.1.2.
Client Responsibilities:
The Client is responsible for providing a clear scope of work, requirements, and direction to the augmented staff or dedicated developers. The Client will supervise and manage the day-to-day activities of the personnel provided by Tart Labs.
5.1.3.
Performance:
Tart Labs will make commercially reasonable efforts to provide qualified professionals that meet the Client's requirements. However, Tart Labs does not guarantee specific performance outcomes or the suitability of the professionals for the Client's particular needs.
5.1.4.
Replacement:
If a provided professional does not meet the Client's expectations, Tart Labs will make reasonable efforts to replace the professional within a mutually agreed time frame.
5.1.5.
Employment Status:
The professionals provided under IT staff augmentation or dedicated hiring are employees of Tart Labs, not the Client. The Client shall not make any direct offers of employment to these professionals during or after the engagement period without the prior written consent of Tart Labs. Suppose an employee resigns from Tart Labs after joining the Client organization. In that case, Tart Labs reserves the right to take necessary legal action against the Client organization as per the service agreement.
5.1.6.
Fees:
Fees for IT staff augmentation and hiring dedicated developers will be specified in the service agreement. Billing may be based on hourly rates, monthly rates, or other agreed-upon terms.
5.1.7.
Payment Terms:
Invoices will be issued regularly (e.g., weekly, or monthly basis) or as specified in the service agreement. Payment terms will be outlined in the agreement and are typically due within 30 days of the invoice date.
5.1.8.
Late Payments:
Failure to make timely payments may result in services being put on hold or the suspension of services and termination of the agreement. Interest may be charged on overdue payments as permitted by law.
5.2.Software and App Development Services
5.2.1.
Scope:
Our software development services encompass the creation, design, development, testing, and deployment of custom software solutions. The scope of work, including deliverables, timelines, cost, and specifications, will be outlined in the service agreement.
5.2.2.
Fees:
The fees for software development services will be detailed in the service agreement. Charges may be based on fixed rates, milestones, or time and materials, as specified in the agreement.
5.2.3.
Payment Schedule:
Payments will be made according to the milestones or schedule outlined in the service agreement. Invoices will be issued upon the completion of each milestone or as per the agreed schedule.
5.2.4.
Change Requests:
Any changes to the scope of work, including additional features or functionalities, will incur additional charges. The client must agree to these charges before work on the changes commences. If the client refuses to pay for a Change Request (CR), the work on that feature or functionality will be paused until payment is received.
5.2.5.
Late Payments:
Late payments may incur interest charges as permitted by law. If payments are delayed, Tart Labs reserves the right to suspend or terminate the project until outstanding invoices are settled.
5.3.Software Maintenance and Support
5.3.1.
Scope:
Maintenance and support services include bug fixes, updates, and general technical support for software solutions provided by Tart Labs. The specific terms and scope of maintenance and support will be detailed in the service agreement.
5.3.2.
Response Time:
We will provide maintenance and support services as per the response times specified in the service agreement called Annual Maintenance and Support Contract.
5.3.3.
Exclusions:
Maintenance and support services do not include tasks outside the scope of the service agreement or issues arising from modifications made by the Client or third parties.
5.3.4.
Fees:
Fees for maintenance and support services will be outlined in the service agreement. These may include fixed monthly or annual fees, or charges based on time and materials.
5.3.5.
Payment Schedule:
Payments for maintenance and support will be invoiced according to the terms specified in the service agreement. This could be on a monthly, quarterly, or annual basis.
5.3.6.
Late Payments:
Late payments may lead to the suspension of maintenance and support services. Interest charges may apply to overdue payments as permitted by law.
5.4.Other Digital Services
5.4.1.
Scope:
Other digital services may include cloud and DevOps services, digital transformation services, digital marketing, UI and UX design, and related services. The scope, deliverables, timelines, and cost, for these services will be outlined in the service agreement.
5.4.2.
Performance:
Tart Labs will make commercially reasonable efforts to deliver the services as per the agreed-upon terms. However, specific results, such as marketing outcomes, cannot be guaranteed.
5.4.3.
Fees:
Fees for other digital services, such as digital marketing, SEO, and web design, will be specified in the service agreement. Charges may be based on project scope, hourly rates, or other agreed terms.
5.4.4.
Payment Terms:
Invoices will be issued based on project milestones or as specified in the service agreement. Payments are typically due within 30 days of the invoice date, unless otherwise agreed.
5.4.5.
Late Payments:
Tart Labs reserves the right to suspend or terminate services if payments are not made on time. Interest charges may be applied to overdue payments as permitted by law.
6.Client (User) Obligations
6.1.Accurate Information
Clients (Users) agree to provide accurate, current, and complete information necessary for the use of our services. This includes, but is not limited to, contact details, payment information, and any other data required for the effective delivery of services.
6.2.Compliance with Laws
Clients are responsible for ensuring that their use of our services complies with all applicable laws, regulations, and industry standards. This includes obtaining any necessary licenses or permissions related to their use of our services.
6.3.Cooperation
Clients agree to cooperate fully with Tart Labs, providing timely feedback, access to necessary resources, and any other support required for the successful execution of the services. This includes providing clear project requirements and responding to inquiries on time.
6.4.Payment
Clients are responsible for making payments in accordance with the terms specified in the service agreement. Failure to make timely payments may result in suspension or termination of services, as outlined in the payment terms.
6.5.Security
Clients are responsible for maintaining the security of their accounts and any credentials associated with our services. They must notify Tart Labs immediately of any unauthorized access or use of their accounts.
7.Tart Labs Obligations
7.1.Service Delivery
Tart Labs is committed to delivering services as described in the service agreement. We will make reasonable efforts to ensure that our services meet the agreed-upon specifications, timelines, and quality standards.
7.2.Confidentiality
Tart Labs will maintain the confidentiality of any information provided by the Client and will not disclose such information to third parties without the Client's prior consent, except as required by law or as necessary to perform the services.
7.3.Support
We will provide support and maintenance services as outlined in the service agreement. This includes addressing any issues that arise during the service period and providing timely assistance as needed.
7.4.Compliance
Tart Labs will comply with all applicable laws and regulations related to the provision of services. We will also adhere to industry best practices to ensure the quality and security of our services.
8.Intellectual Property
8.1.Ownership
All intellectual property rights related to the services provided by Tart Labs, including but not limited to software, documentation, designs, and proprietary technology, remain the exclusive property of Tart Labs or its licensors. Clients do not acquire any ownership rights in these materials by using our services.
8.2.License
Tart Labs grants Clients a limited, non-exclusive, non-transferable license to use the deliverables and materials provided as part of the services solely for their intended purpose and under the terms of the service agreement.
8.3.Client Content
Clients retain ownership of any content, data, or materials they provide to Tart Labs. By providing such content, Clients grant Tart Labs a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the content as necessary to perform the services.
8.4.Infringement
If any deliverables or materials provided by Tart Labs are claimed to infringe upon the intellectual property rights of a third party, Tart Labs will have the right to remedy the situation through modification, replacement, or other appropriate actions. Clients agree to cooperate with Tart Labs in defending against such claims.
9.Payment Terms
9.1.Fees
Clients agree to pay all fees as specified in the service agreement or invoice provided by Tart Labs. Fees and Payment condition also applied which is mentioned above on (5. Scope of Service) section. Fees may be based on a fixed price, time and materials, or other agreed-upon terms.
9.2.Billing Cycle
Invoices will be issued periodically as outlined in the service agreement. Payment terms, including due dates and payment methods, will be specified in the agreement.
9.3.Late Payments
Failure to make payments on time may result in late fees or interest charges as permitted by law. Continued non-payment may lead to suspension or termination of services, as outlined in the service agreement.
9.4.Disputed Charges
Clients must notify Tart Labs of any disputed charges within 15 days of receiving the invoice. Both parties agree to work in good faith to resolve any billing disputes.
9.5.Taxes
Clients are responsible for any applicable taxes, including sales tax, VAT, or other similar taxes, unless otherwise stated in the service agreement.
10.Refund Policy
10.1.General Policy
Fees paid for services are generally non-refundable. Tart Labs will only provide refunds under specific circumstances outlined in the service agreement or as required by law.
10.2.Service Termination
If services are terminated by Tart Labs due to a breach of these Terms by the Client, or if the Client terminates the services before completion, the Client will not be entitled to a refund for any payments made.
10.3.Refund Requests
Clients must submit refund requests in writing, providing a detailed explanation of the reason for the request. Tart Labs will review refund requisition carefully and find out the reason for requisition. Refunds, if approved, will be processed within a reasonable timeframe.
10.4.Exceptional Circumstances
In cases where Tart Labs acknowledges a significant error or service failure, we may, at our discretion, offer a partial or full refund based on the project work as requested by the client and the specific circumstances. Each case will be reviewed individually.
11.Third-Party Services
11.1.Integration with Third-Party Services
Our services may include integration with or links to third-party services, including software, platforms, or websites. Tart Labs is not responsible for the availability, accuracy, or content of these third-party services.
11.2.Third-Party Terms
Clients are responsible for reviewing and complying with any terms and conditions of third-party services they use in conjunction with Tart Labs' services. The use of third-party services is governed by the respective third party’s terms and policies.
11.3.Disclaimer of Liability
Tart Labs disclaims any liability for damages or losses resulting from the use of third-party services or any issues arising from their integration with our services.
12.Privacy and Data Security
12.1.Privacy Policy
Tart Labs is committed to protecting the privacy of Clients and users. Our Privacy Policy, which outlines how we collect, use, and protect personal information, is incorporated into these Terms. By using our services, you consent to our Privacy Policy.
12.2.Data Security
We implement reasonable security measures to protect the data and information provided by Clients. However, no method of transmission over the Internet or electronic storage is completely secure. Tart Labs cannot guarantee absolute security but strives to protect data to the best of our ability.
12.3.Data Use
Client data will be used solely to provide and manage our services, as outlined in the Privacy Policy. We will not disclose or use Client data for any other purposes without the Client’s consent, except as required by law.
12.4.Data Retention
We will retain Client data for the duration of the service agreement and as necessary for legal or business purposes. Upon termination of the agreement, data will be handled according to our data retention policy and the terms outlined in the service agreement.
12.5.Breach Notification
In the event of a data breach that compromises the security of Client data, Tart Labs will notify affected Clients as required by applicable law and take appropriate steps to address the breach.
13.Limitation of Liability
13.1.General Limitation
To the fullest extent permitted by law, Tart Labs shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the use of our services, including but not limited to lost profits, data loss, or business interruption.
13.2.Direct Liability
In any case, where Tart Labs is found liable for damages, our liability will be limited to the amount paid by the Client for the specific service giving rise to the claim, not to exceed the total amount paid for such service in the 12 months preceding the claim.
13.3.Exclusions
The limitations of liability set forth in these Terms do not apply to liability arising from fraud, willful misconduct, or gross negligence by Tart Labs. Nothing in these Terms excludes or limits liability for death or personal injury resulting from Tart Labs’ negligence.
14.Disclaimer of Warranties
14.1.No Warranty
Tart Labs provides our services on an "as-is" and "as-available" basis. We make no warranties, express or implied, regarding the availability, accuracy, or reliability of our services, or that our services will meet the Client’s requirements or be uninterrupted or error-free.
14.2.Third-Party Content
Tart Labs does not warrant or endorse any third-party content, services, or products that may be accessed through our services. The use of third-party content is at the Client’s own risk.
14.3.No Warranty of Non-Infringement
Tart Labs does not warrant that our services or any deliverables provided will be free from infringement of any third-party intellectual property rights.
15.Termination and Suspension
15.1.Termination by Client
Clients may terminate the service agreement with written notice as specified in the agreement. Termination may be subject to any applicable fees or penalties as outlined in the agreement.
15.2.Termination by Tart Labs
Tart Labs may terminate the service agreement immediately if the Client breaches any material term of these Terms or the service agreement. Tart Labs reserves the right to suspend or terminate services for non-payment or other breaches.
15.3.Suspension of Services
Tart Labs may suspend services if the Client fails to meet payment obligations or breaches any terms of the agreement. Services will resume once the breach is remedied or payments are made.
15.4.Effect of Termination
Upon termination of the agreement, Tart Labs will cease providing services, and the Client will pay any outstanding fees. Both parties will return or destroy any confidential information as per the terms of the agreement.
16.Governing Law
16.1.Applicable Law
These Terms and the service agreement will be governed by and construed by the laws of India, without regard to its conflict of law principles.
16.2.Dispute Resolution
Any disputes arising from or related to these Terms or the service agreement will be subject to the exclusive jurisdiction of the courts in Coimbatore, India. Both parties agree to attempt to resolve disputes through negotiation or mediation before pursuing legal action.
16.3.Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
17.Dispute Resolution
17.1.Negotiation
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the service agreement, the parties agree to attempt to resolve the matter through informal negotiations. Both parties will make a good-faith effort to resolve the dispute amicably before resorting to formal dispute-resolution mechanisms.
17.2.Mediation
If informal negotiations fail to resolve the dispute, the parties agree to submit the matter to mediation before a mutually agreed-upon mediator. Mediation will be conducted in Coimbatore, India, and any costs associated with mediation will be shared equally by both parties.
17.3.Arbitration
Should mediation fail, disputes will be resolved through binding arbitration conducted in Coimbatore, India, in accordance with the rules of the Indian Arbitration and Conciliation Act, 1996. The decision of the arbitrator will be final and binding on both parties. The prevailing party in arbitration will be entitled to recover reasonable attorneys' fees and costs.
17.4.Exceptions
Notwithstanding the above, Tart Labs retains the right to seek injunctive relief or other equitable remedies in a court of competent jurisdiction to protect its intellectual property rights or to enforce compliance with these Terms.
18.Indemnification
18.1.Client Indemnity
Clients agree to indemnify, defend, and hold harmless Tart Labs, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to:
The Client's use of our services,
Any violation of these Terms or the service agreement by the Client,
Any infringement of third party rights by the Client’s content or data.
18.2.Tart Labs Indemnity
Tart Labs agrees to indemnify, defend, and hold harmless the Client from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to any breach of Tart Labs’ representations or warranties contained in these Terms, or any claims that the deliverables provided by Tart Labs infringe upon a third party’s intellectual property rights.
19.Contact Information
19.1.General Inquiries
For general inquiries about our services or these Terms, please contact us at:
Phone: +91 82200 07008
Address: Block A1, Third Floor, Span Ventures SEZ, Rathinam Techzone, Pollachi Main Road, Coimbatore 641021, Tamil Nadu, India.
19.2.Service-Related Issues
For any issues related to service delivery, billing, or account management, please contact:
Email: support@tartlabs.com
Phone: +91 82200 07008
19.3.Privacy Concerns
For concerns related to privacy or data security, please reach out to:
Email: hello@tartlabs.com
20.Notice of Changes
Clients should send written notices to Tart Labs via email or postal mail to the addresses provided above. Notices regarding these Terms or the service agreement must be in writing and will be deemed effective when received.