1. About Us
Fulgid Software Solutions Pvt Ltd is a software development company registered in India, providing custom software development, AI application development, web application development, chatbot development, cloud & DevOps, and related digital services. These Terms govern the relationship between Fulgid Software Solutions Pvt Ltd (“we”, “us”, “our”) and our clients (“you”, “client”).
2. Services
Fulgid provides services as described in individual project proposals, statements of work (SOW), or service agreements. The specific deliverables, timelines, and pricing for each engagement are defined in a written project proposal or contract which forms part of the agreement between the parties.
We reserve the right to decline any project request at our discretion without providing a reason.
3. Project Engagement & Agreements
All projects commence upon:
- Written approval (email or signed document) of the project proposal or SOW
- Receipt of the agreed advance payment (typically 40–50% of the total project cost)
Verbal agreements do not constitute a binding project commitment. Scope, timelines, and costs are only confirmed in writing.
4. Payment Terms
Support response times depend on the issue severity and support tier:
- Fixed Price Projects: Payment is structured in milestones as defined in the project proposal. Typically: advance on commencement, milestone payments during development, and final payment on delivery.
- Time & Material Projects: Invoiced monthly or as agreed, based on hours worked at the agreed rate.
- Retainer Agreements: Billed monthly in advance. Unused hours do not carry over.
- Late Payments: Invoices are due within 7 days of issue unless otherwise agreed. Late payments may result in suspension of work. Fulgid reserves the right to charge interest at 1.5% per month on overdue amounts.
- Currency: All invoices are issued in Indian Rupees (INR) unless a different currency is agreed in writing for international clients.
5. Scope Changes
Any changes to the agreed project scope — including new features, revised designs, or additional integrations — must be submitted in writing and are subject to a formal Change Request. Change Requests will be assessed for impact on timeline and cost and will only proceed upon written client approval and, where applicable, additional payment.
Fulgid is not obligated to deliver work outside the agreed scope without a signed Change Request.
6. Client Responsibilities
The client agrees to:
- Provide accurate, complete, and timely information, content, and materials required for the project
- Make decisions and provide approvals within agreed timeframes (typically 3–5 business days)
- Ensure access to required systems, credentials, and third-party accounts
- Assign a designated point of contact for the project
- Test and approve deliverables within 5 business days of submission
Delays caused by the client’s failure to meet these responsibilities may result in revised timelines and/or additional costs.
7. Intellectual Property
7.1 Client Ownership: Upon receipt of full and final payment, all custom code, designs, and deliverables produced specifically for the client’s project transfer to the client as their intellectual property.
7.2 Fulgid Retained IP: Fulgid retains ownership of any pre-existing code libraries, frameworks, tools, or methodologies used in the project. The client is granted a perpetual, non-exclusive licence to use these as part of the delivered product.
7.3 Third-Party Components: Open-source components or third-party libraries are governed by their respective licences. Fulgid will disclose significant third-party dependencies upon request.
7.4 Portfolio Use: Unless the client requests otherwise in writing, Fulgid reserves the right to reference the project in our portfolio, case studies, and marketing materials.
8. Confidentiality
Fulgid treats all client information shared during a project as confidential. We will not disclose client data, business information, source code, or project details to third parties without the client’s written consent, except as required by law.
Where a separate Non-Disclosure Agreement (NDA) is signed, its terms govern in addition to this clause.
9. Warranties & Representations
Fulgid warrants that:
- Services will be performed with reasonable skill and care
- Deliverables will materially conform to the agreed specification
- To the best of our knowledge, our work will not infringe any third-party intellectual property rights
We do not warrant that software will be entirely free of bugs or that it will operate without interruption. Software is inherently complex and minor defects may exist that do not materially impact functionality.
10. Limitation of Liability
To the maximum extent permitted by applicable law:
- Fulgid's total liability to the client for any claim shall not exceed the total fees paid for the specific project giving rise to the claim
- Fulgid shall not be liable for any indirect, consequential, incidental, or special damages, including loss of profit, loss of data, or business interruption
- Fulgid is not liable for failures caused by third-party services, hosting providers, or client-side modifications
11. Project Cancellation
By the Client: If the client cancels a project after work has commenced, all work completed to date is billable and must be paid. Advance payments are non-refundable. Fulgid will provide all completed deliverables upon receipt of outstanding payment.
By Fulgid: Fulgid reserves the right to terminate a project engagement if the client breaches these terms, fails to make payments, or behaves in a manner that makes continuation unreasonable. In such cases, payment for all work completed to date is due.
12. Governing Law & Dispute Resolution
These Terms are governed by the laws of India. Any dispute arising from or in connection with these Terms shall first be attempted to be resolved through mutual negotiation. If unresolved within 30 days, disputes shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996, with the seat of arbitration in India.
13. Amendments
Fulgid reserves the right to update these Terms at any time. Updated terms will be published on our website. Continued engagement after publication constitutes acceptance of the revised terms.
14. Contact
For any queries regarding these Terms:
Email: [email protected]
Fulgid Software Solutions Pvt Ltd, Chennai, India