01About these Terms
These Terms and Conditions (“Terms”) govern the services provided by O GEN INFOSYSTEM PRIVATE LIMITED (“OGEN Infosystem”, “we”, “us”, “our”), a company incorporated in India with its office at 84, 1st Floor, Sector 4, Noida, Uttar Pradesh 201301, India, and your use of www.ogeninfo.com.
By requesting a proposal, accepting a quotation, paying an advance or using our website, you (“Client”, “you”) agree to these Terms. If a signed proposal or agreement with you says something different, that signed document takes priority for that project.
02Definitions
- Services — website design and development, web and mobile applications, desktop and custom software, hosting, maintenance, digital marketing and any related work we agree to provide.
- Deliverables — the website, application, software, designs, content or other output we create for you.
- Scope of Work — the features, pages, modules and tasks listed in our accepted proposal, quotation or requirements document.
- Delivery — the date we hand over the Deliverables or make them live, whichever is earlier.
- Staging — the test link where you review work before it goes live.
03Proposals and Scope of Work
Every project starts with a written proposal or quotation that describes the Scope of Work, price, payment schedule and estimated timeline. Only the items written in the Scope of Work are included.
Quotations are valid for 30 days unless they state otherwise. A project starts once you accept the quotation and the advance payment reaches us.
04Payments
- Projects are billed as an advance followed by milestone payments, as set out in the quotation.
- Prices are exclusive of GST and other applicable taxes, which are charged extra at the prevailing rate.
- Invoices are payable within 7 days unless the quotation says otherwise.
- If a payment is overdue, we may pause work, withhold Deliverables or keep the project offline until it is paid. Any delay this causes is not our responsibility.
- Deliverables, live publishing and the licence described below are released only after full payment.
- All payments are non-refundable, as explained in our Refund Policy.
05Timelines and Client Delays
Timelines in our proposals are good-faith estimates. Actual delivery may be up to 10 days earlier or later than the estimated date.
Our team and resources are scheduled around the review and approval windows agreed with you. If you take longer than the agreed window to review work on Staging, give feedback, approve a stage or provide content and access, we may have to move our team to other scheduled work. In that case, each day of delay on your side may extend our delivery timeline by up to three (3) days, so that we can re-allocate the right people to your project.
We are not responsible for delays caused by you, your other vendors, third-party platforms (such as app stores, payment gateways or hosting providers) or events beyond our reasonable control.
06Your Responsibilities
- Provide accurate requirements, content, images, logins and approvals on time.
- Confirm that you have the rights to all content, logos, images and data you give us, and that they do not break any law.
- Review the work on Staging carefully. Approval of a stage, or the website going live with your consent, counts as acceptance of that stage.
- Keep your own backups of content you supply, and keep your account passwords safe.
07Changes and Additional Work
Anything not listed in the Scope of Work — new pages, features, modules, design changes after approval, integrations, content writing or extra revisions — is additional work.
We will share a separate quotation for additional work, and it starts only after you approve it. Additional work may change the delivery timeline.
08Inactive Projects
If, after the advance is paid, you do not respond to us or provide what the project needs for more than 30 days, and you have not informed us in writing of the reason, we will send a reminder to your registered email. If there is still no response, we may close the project.
When a project is closed: the amounts already paid are retained towards the work completed and the resources reserved for you; the project files and Staging may be removed; and restarting the project will require a fresh quotation and a new payment.
09Intellectual Property and Licence
Ownership. OGEN Infosystem keeps all ownership, copyright and other intellectual property rights in the Deliverables, including the source code, designs, frameworks, libraries, components and know-how used to create them. We do not transfer ownership of, or full rights in, the source code.
Your licence. After full payment, you receive a non-exclusive, non-transferable licence to use the Deliverables for your own business, on the single domain, single application listing or single installation for which you paid. Using them on another domain, product, business or additional installation needs a separate licence and payment.
No resale rights. You may not sell, resell, rent, sub-license, distribute, copy for another party or offer the Deliverables (or any part of them) as a product or template.
Your content. Content, logos, images and data that you provide remain yours. You allow us to use them only to deliver the Services.
Running your business. Your licence lets you operate the Deliverables to serve your own customers — for example, running your online store, portal or SaaS product under your brand. It does not allow you to sell, license or hand over the software or its code to anyone else.
Content and design projects. Where we are engaged only for content writing or UI/UX design, the written content and design files created exclusively for you are transferred to you once paid in full.
Third-party items. Fonts, plug-ins, stock images, libraries or services from third parties are covered by their own licences, and any fees for them are payable by you.
Source code access. If you need the source code or ownership rights, this can be agreed only through a separate written agreement and fee.
Portfolio. Unless you ask us in writing not to, we may show the completed work in our portfolio and marketing.
10Maintenance and Lifetime Code Warranty
90 days of free maintenance. Every new website we build includes 90 days of maintenance from the Delivery date. During this period we fix bugs in the work we delivered and keep the website running as delivered.
Lifetime code warranty. After the first 90 days, for as long as you continuously keep an active hosting or annual maintenance plan with OGEN Infosystem, we will, at no extra cost, fix defects in the code we wrote and keep the website up and running in its delivered form.
The free maintenance period and the lifetime code warranty do not include:
- new features, pages, design changes, content updates or any work outside the original Scope of Work;
- problems caused by changes made by you or any other party, or by hosting, servers, plug-ins or services not managed by us;
- changes required by third-party updates, policy changes or new versions of browsers, operating systems, app stores or platforms;
- recovery from hacking, malware, misuse or data loss that did not result from our code;
- projects that are not fully paid.
The lifetime code warranty ends if the hosting or maintenance plan lapses or is moved to another provider.
11Hosting, Domains and Third-Party Services
Hosting, domains, SSL certificates, email, app store accounts and other third-party services are renewed on your instruction and payment. We are not responsible for downtime, data loss or price changes caused by third-party providers, or for services that expire because a renewal was not paid on time.
12Confidentiality
Both of us will keep confidential any non-public business, technical or personal information received from the other and use it only for the project. This does not apply to information that is already public or that must be disclosed by law.
13Limitation of Liability
We provide the Services with reasonable skill and care. To the extent allowed by law, our total liability for any claim relating to a project is limited to the amount you paid us for that project, and we are not liable for indirect or consequential losses such as loss of profit, revenue, data or business opportunity.
Nothing in these Terms limits any liability that cannot be limited under applicable law.
14Indemnity
You agree to protect us from claims, losses and costs arising from content or materials you supplied, your use of the Deliverables in breach of these Terms, or your breach of any law.
15Termination
Either party may end a project by written notice if the other seriously breaches these Terms and does not fix the breach within 15 days of being told. If a project ends, payments made remain non-refundable, amounts due for work completed up to that date become payable, and the licence described above applies only to Deliverables that have been fully paid for.
16Governing Law and Disputes
These Terms are governed by the laws of India. We will first try to settle any dispute through good-faith discussion. If it cannot be settled within 30 days, the courts at Gautam Buddh Nagar (Noida), Uttar Pradesh, will have exclusive jurisdiction.
17Changes to these Terms
We may update these Terms from time to time. The version on this page, with its “Effective from” date, applies to new projects and to website use from that date. Projects already under a signed proposal continue on the terms accepted at the time.
18Contact Us
For any question about these Terms, contact us:
- O GEN INFOSYSTEM PRIVATE LIMITED84, 1st Floor, Sector 4, Noida, Uttar Pradesh 201301, India
- Emailinfo@ogeninfo.com
- Phone+91 95579 78162
