These Terms and Conditions ("Agreement") govern the relationship between RDK Global Technologies ("Company," "we," "us," or "our") and any individual or entity ("Client" or "you") that engages our services. By signing a proposal, placing an order, or using our services in any way, you confirm that you have read, understood, and agree to be bound by this Agreement.
Acceptance of Terms
By accessing our website, requesting a quote, signing a statement of work, or using any service provided by RDK Global Technologies, you acknowledge that you have read and agreed to these Terms and Conditions in their entirety.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms. If you do not have such authority, or if you do not agree with these terms, you must not access or use our services.
Services
RDK Global Technologies provides digital product development services including but not limited to:
- Mobile application development (iOS, Android, cross-platform)
- Web application and website development
- Artificial intelligence and machine learning solutions
- UI/UX design and product strategy
- MVP development and startup consulting
- Cloud infrastructure setup and DevOps services
- Ongoing maintenance, support, and enhancement retainers
Scope of Work
The specific deliverables, timelines, and pricing for each engagement will be documented in a separate Statement of Work ("SOW"), project proposal, or service agreement mutually signed by both parties. In the event of any conflict between these Terms and a signed SOW, the SOW shall take precedence for that specific engagement.
Service Modifications
We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice. Any additional features or services requested outside the agreed scope will be treated as change requests and may incur additional costs.
Client Obligations
To enable timely and high-quality delivery, the Client agrees to:
- Provide accurate, complete, and timely information, content, and feedback as required
- Appoint a designated point of contact with decision-making authority
- Respond to requests for approvals, content, or clarifications within agreed-upon timeframes (typically 2–3 business days unless otherwise specified)
- Ensure all materials provided (logos, images, text, third-party assets) are owned or properly licensed by the Client
- Test deliverables and provide written feedback within the review period stated in the SOW
- Make payments on time in accordance with the agreed billing schedule
Payment & Billing
Payment Schedule
Payment terms are defined in each SOW or proposal. Standard payment terms are as follows unless otherwise agreed:
- Fixed-price projects: 40% upfront upon contract signing, 30% at mid-project milestone, and 30% upon final delivery.
- Retainers & ongoing services: Billed monthly in advance, due within 7 days of invoice.
- Hourly engagements: Invoiced bi-weekly or monthly, due within 14 days of invoice.
Late Payments
Invoices not paid within the due date are subject to a late fee of 1.5% per month (or the maximum permitted by applicable law, whichever is lower) on the outstanding balance. We reserve the right to pause or suspend work on any project if payment is overdue by more than 10 business days, without liability for resulting delays.
Taxes
All fees are exclusive of applicable taxes, including GST, service tax, or withholding tax, which shall be the Client's responsibility. Clients outside India are responsible for compliance with their local tax obligations on payments made to us.
Currency & Refunds
All invoices are issued in Indian Rupees (INR) or as mutually agreed for international clients. Advance payments are non-refundable once work has commenced, unless RDK Global Technologies fails to deliver the agreed services.
Intellectual Property
Client Ownership
Upon receipt of full payment for a project, the Client is granted full ownership of the final custom deliverables created specifically for that project (source code, designs, content), unless the SOW specifies otherwise.
RDK Global Technologies IP
We retain ownership of all pre-existing intellectual property, frameworks, tools, libraries, methodologies, and general know-how developed by us prior to or independently of the client engagement. This includes proprietary code, UI component libraries, boilerplate code, and internal tooling.
Where such pre-existing IP is incorporated into the Client's deliverables, we grant the Client a perpetual, non-exclusive, royalty-free license to use it solely within the delivered product.
Third-Party Components
Some deliverables may incorporate third-party open-source software or licensed components. The Client acknowledges that such components are subject to their respective licenses, which RDK Global Technologies will disclose upon request. The Client is responsible for compliance with those third-party licenses.
Confidentiality
Both parties acknowledge that in the course of this engagement, each may have access to confidential information belonging to the other party. Each party agrees to:
- Keep all confidential information strictly confidential
- Not disclose confidential information to third parties without prior written consent
- Use confidential information solely for the purpose of performing obligations under this Agreement
- Take reasonable measures to protect confidential information, no less than those used to protect their own confidential information
These confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party before disclosure; (c) is independently developed without reference to the confidential information; or (d) is required to be disclosed by law or court order.
Confidentiality obligations shall survive termination of this Agreement for a period of three (3) years.
Limitation of Liability
To the maximum extent permitted by applicable law, RDK Global Technologies shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, or loss of goodwill, even if we have been advised of the possibility of such damages.
Our total aggregate liability to the Client for any claim arising out of or relating to this Agreement, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the Client to RDK Global Technologies in the three (3) months immediately preceding the event giving rise to the claim.
Nothing in these terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law.
Warranties & Disclaimers
Our Warranties
RDK Global Technologies warrants that:
- Services will be performed in a professional and workmanlike manner
- Deliverables will materially conform to the specifications set out in the SOW
- We have the right to enter into this Agreement and perform the services
- Our work will not knowingly infringe upon any third-party intellectual property rights
Bug Fix Warranty
We offer a 30-day bug fix warranty from the date of final delivery for defects that prevent the software from functioning as documented in the SOW. This warranty does not cover issues arising from Client modifications, third-party integrations outside our scope, or environmental changes.
Disclaimers
Except as expressly stated, services are provided "as is" and "as available." We do not guarantee that applications will be free of all errors, or that they will meet every business objective of the Client. Business results, revenues, or specific performance outcomes are not guaranteed.
Termination
Termination for Convenience
Either party may terminate an ongoing engagement with 30 days' written notice. In the event of termination by the Client, the Client shall pay for all work completed up to the termination date, plus any non-cancellable third-party costs incurred on the Client's behalf.
Termination for Cause
Either party may terminate this Agreement immediately if the other party:
- Materially breaches this Agreement and fails to remedy the breach within 14 days of written notice
- Becomes insolvent, files for bankruptcy, or ceases to operate as a going concern
- Engages in fraudulent, illegal, or unethical conduct
Effect of Termination
Upon termination, each party shall return or destroy the other party's confidential information. Intellectual property rights in work completed and paid for shall transfer to the Client. Work in progress shall be handled as agreed in writing between the parties at the time of termination.
Data & Privacy
In the course of our work, we may process personal data on behalf of the Client. We are committed to handling all personal data in accordance with applicable data protection laws, including the Information Technology Act, 2000 and rules made thereunder (India), and any other applicable regulations.
Data Security
We implement appropriate technical and organizational measures to protect the security of Client data and personal data processed in the course of our services, including:
- Secure, encrypted storage of project files and credentials
- Access control and role-based permissions for team members
- Secure communication channels for sharing sensitive information
- Non-disclosure agreements signed by all team members with access to Client data
Website Data
Our website collects limited usage data for analytics purposes. Please refer to our Privacy Policy for full details on how we collect, use, and protect personal information.
Governing Law & Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of India. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Bhilai, Chhattisgarh, India.
Dispute Resolution Process
Before initiating formal legal proceedings, both parties agree to attempt to resolve any dispute through the following process:
- Negotiation (15 days): The aggrieved party sends a written notice describing the dispute. Both parties meet (in person or virtually) to attempt resolution in good faith.
- Mediation (30 days): If negotiation fails, either party may request mediation by a mutually agreed neutral mediator.
- Arbitration: If mediation fails, disputes shall be resolved through binding arbitration under the Arbitration and Conciliation Act, 1996, with proceedings in English in Bhilai, Chhattisgarh.
Amendments & Miscellaneous
Amendments
We reserve the right to update or modify these Terms and Conditions at any time. We will provide at least 30 days' notice of material changes via email or by posting a notice on our website. Continued use of our services after the effective date of amendments constitutes acceptance of the new terms.
Entire Agreement
These Terms, together with any signed Statement of Work or project proposal, constitute the entire agreement between the parties with respect to its subject matter and supersede all prior agreements, understandings, and negotiations.
Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver
Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of that party's right to enforce such provision in the future.
Force Majeure
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including natural disasters, war, pandemic, government action, or internet outages.
Contact Us
If you have any questions about these Terms and Conditions, please contact us:
RDK Global Technologies
We're here to answer any questions about our terms, services, or working together.