Terms & Conditions

01Definitions

• “Client” means any person or organisation that engages FutureFist for services.
• “Proposal” means a written quotation, statement of work (SOW) or agreement describing scope, deliverables, timelines and fees.
• “Deliverables” means the software, designs, content, documentation and other outputs specified in the Proposal.

02Use of the website

You may use the Website for lawful purposes only. You must not attempt to gain unauthorised access to the Website or its systems, introduce malicious code, scrape content in bulk, or use the Website in any way that could damage or impair it.

03Engagement of services

Every engagement is governed by a Proposal accepted in writing (including by email) by the Client. The Proposal defines the scope, deliverables, milestones, fees and acceptance criteria. If there is a conflict between these Terms and a signed agreement, the signed agreement prevails.

04Scope and change requests

Work outside the agreed scope is treated as a change request. We will share the impact on cost and timeline in writing, and proceed only after the Client approves it.

05Fees, invoicing and payment

• Fees are as stated in the Proposal and are exclusive of GST, which is charged at the applicable rate. Our GSTIN is 27AAKFF9861A1ZA.
• Unless otherwise agreed, projects are billed by milestone, with an advance payable before work begins.
• Invoices are payable within the period stated on the invoice. We may pause work, or withhold delivery and deployment, while payments are overdue.
• Recurring services such as hosting, maintenance and AMC are billed in advance for the selected period.

06Client responsibilities

The Client agrees to provide timely information, content, approvals, access credentials and feedback. Delays in these may extend project timelines. The Client is responsible for the legality of content and data it provides to us.

07Intellectual property

• On receipt of full payment, ownership of the custom source code and Deliverables created specifically for the Client transfers to the Client, unless the Proposal states otherwise.
• FutureFist retains ownership of its pre-existing tools, libraries, frameworks and know-how, and grants the Client a perpetual, non-exclusive licence to use them as part of the Deliverables.
• Third-party and open-source components remain subject to their own licences.
• Unless the Client objects in writing, we may mention the Client’s name and describe the work in general terms in our portfolio, without disclosing confidential information.

08Confidentiality

Both parties will keep confidential all non-public business, technical and financial information received from the other, and use it only for the engagement. We are happy to sign a separate Non-Disclosure Agreement (NDA) before any discussion.

09Hosting, maintenance and support

Where we host or maintain an application, the service levels, backup frequency and support hours are as defined in the Proposal or AMC. We take reasonable measures to keep services available but do not guarantee uninterrupted or error-free operation, particularly where outages are caused by third-party providers, networks or events beyond our control.

10Warranty

We will fix defects in the Deliverables reported within the warranty period stated in the Proposal (30 days from go-live, if not stated), provided the defect is a deviation from the agreed scope and the code has not been modified by anyone other than FutureFist.

11Limitation of liability

To the maximum extent permitted by law, FutureFist will not be liable for any indirect, incidental, special or consequential loss, including loss of profit, revenue, data or goodwill. Our total liability arising from any engagement is limited to the fees paid by the Client for that engagement in the 12 months before the claim arose.

12Termination

Either party may terminate an engagement by written notice as set out in the Proposal. On termination, the Client will pay for all work completed and expenses incurred up to the termination date, and we will hand over the work completed against that payment.

13Force majeure

Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, epidemics, government action, war, power or internet outages, or failures of third-party service providers.

14Governing law and jurisdiction

These Terms are governed by the laws of India. Any dispute will first be attempted to be resolved through good-faith discussion. Failing that, the courts at Thane, Maharashtra shall have exclusive jurisdiction.

15Changes and contact

We may update these Terms from time to time; the version on this page applies from its “Last updated” date. Questions about these Terms can be sent to info@futurefist.com.