Terms & Conditions

1. Acceptance of Terms

By engaging the services of Shubham Kansal ("Freelancer", "I", "me"), whether through direct communication, a signed contract, or payment of an invoice, you ("Client") agree to be bound by these Terms & Conditions in full. If you do not accept these terms, please do not proceed with any engagement. These terms may be updated from time to time; continued use of services constitutes acceptance of the updated terms.

2. Services

Shubham Kansal provides freelance software engineering services including, but not limited to: custom software development, web application development (Next.js, React, Node.js), mobile application development, DevOps and cloud infrastructure consulting, and technical architecture advisory. The specific scope of work for each engagement shall be defined in a separate Statement of Work (SOW) or project proposal agreed upon in writing by both parties.

Any work beyond the agreed scope will be treated as a change request and may incur additional fees. I reserve the right to decline any project or request at my sole discretion without obligation to provide a reason.

3. Intellectual Property

Upon receipt of full and final payment for a project, the Client receives full ownership and copyright of all custom-developed deliverables created specifically for that project. This transfer of ownership does not include:

(a) Third-party libraries, frameworks, or open-source components incorporated into the deliverables, which remain subject to their respective licenses; (b) Pre-existing tools, boilerplate code, or proprietary utilities developed independently by Shubham Kansal prior to the engagement, which are licensed for use within the project on a non-exclusive basis; (c) Any deliverables for which full payment has not been received.

I retain the right to showcase non-confidential aspects of the work in my portfolio unless the Client requests otherwise in writing prior to project commencement.

4. Payment Terms

All projects require a deposit of 50% of the total agreed fee before work commences, with the remaining balance due upon project completion and prior to delivery of final assets. For longer engagements, milestone-based payment schedules may be agreed upon in writing.

Invoices are due within 14 days of issuance. Overdue invoices are subject to a late fee of 1.5% per month on the outstanding balance. In the event of non-payment, Shubham Kansal reserves the right to suspend or terminate services, withhold delivery of work, and pursue appropriate legal remedies to recover amounts owed.

All fees are quoted in USD unless otherwise agreed. The Client is responsible for any applicable taxes, duties, or withholding taxes in their jurisdiction.

5. Revisions and Change Requests

Each project includes a reasonable number of revisions as outlined in the project proposal. Revisions are modifications to the agreed scope of work, not new features or significant changes in direction. Requests that fall outside the defined scope will be quoted separately as additional work. I will notify the Client in writing before undertaking any out-of-scope work that incurs additional cost.

6. Confidentiality

Both parties agree to keep confidential any proprietary information, trade secrets, or sensitive business information disclosed during the course of the engagement. This obligation survives the termination of the engagement. Where a separate Non-Disclosure Agreement (NDA) has been signed, its terms shall govern and supplement these provisions.

7. Termination

Either party may terminate the engagement with 14 days written notice. Upon termination, the Client shall pay for all work completed up to the termination date, calculated on a pro-rata basis or at an agreed hourly rate. The initial deposit is non-refundable. Upon receipt of payment for all completed work, I will deliver all work product created to date.

I reserve the right to terminate an engagement immediately and without notice in cases of non-payment, abusive conduct, or requests to engage in illegal or unethical activities.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Shubham Kansal shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the services provided, including but not limited to loss of revenue, loss of data, loss of business opportunity, or business interruption, even if advised of the possibility of such damages.

The total aggregate liability of Shubham Kansal for any claim arising out of or related to a specific project shall not exceed the total fees paid by the Client for that project in the three months preceding the claim.

9. Warranties and Representations

I warrant that all work delivered will be my original work (or properly licensed third-party components), and that I have the right to grant the licenses and assignments set forth herein. The Client warrants that they have the authority to enter into this agreement and that any materials provided to me for use in the project do not infringe on any third-party rights.

Services are provided "as is" without warranty of fitness for a particular purpose beyond what is expressly agreed in the project scope. I do not warrant that software will be error-free or uninterrupted.

10. Governing Law and Disputes

These Terms & Conditions shall be governed by and construed in accordance with the laws of India. Any dispute arising from or related to these terms or any engagement shall first be attempted to be resolved through good-faith negotiation between the parties. If negotiation fails, disputes shall be submitted to binding arbitration in accordance with applicable arbitration rules.

If you have any questions regarding these Terms & Conditions, please contact me at hello@shubhamkansal.com.