Terms of Service

By accessing, browsing, or using the website debasisbhattacharjee.com (hereinafter referred to as "the Website") and any services provided by Debasis Bhattacharjee (hereinafter referred to as "we," "us," or "the Service Provider"), you ("User," "Client," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), as well as our Privacy Policy, Refund Policy, and any other policies referenced herein.

If you do not agree to these Terms, you must immediately cease using the Website and all associated services.

For the purposes of these Terms, the following definitions shall apply:

• "Service Provider" refers to Debasis Bhattacharjee, proprietor of Debmedia Technologies LLP, operating from West Bengal, India.
• "User" or "Client" refers to any individual or entity that accesses or uses the Website or services.
• "Services" include but are not limited to: software development, web development, mobile app development, consulting services, digital products, training programs, and any other services offered through the Website.
• "Content" means all text, graphics, images, software, code, data, and other materials available on or through the Website.
• "Digital Products" include eBooks, software applications, source code, templates, and any downloadable or online-accessible products.
• "Professional Services" refer to custom development, consulting, and other personalized services provided by the Service Provider.
• "NDA/NOC" refers to Non-Disclosure Agreement and No Objection Certificate respectively.

3.1 Professional Services

We offer the following professional services:

• Software Development: Custom software solutions, desktop applications, and system utilities
• Web Development: Website design, development, and maintenance services
• Mobile App Development: iOS and Android application development
• Digital Marketing: SEO, content marketing, and online presence optimization
• IT Consulting: Technology strategy, architecture design, and technical advisory
• Training & Education: Technical training programs and educational content

3.2 Digital Products

We offer various digital products including:

• eBooks and educational materials
• Software applications and tools
• Templates and source code
• Online courses and training materials

3.3 Service Modifications

The Service Provider reserves the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of services.

4.1 Age Requirement

You must be at least 18 years of age to use our Services. By using the Website, you represent and warrant that you meet this age requirement.

4.2 Legal Capacity

You represent that you have the legal capacity to enter into a binding contract under applicable Indian law. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4.3 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

5.1 Prohibited Activities

You agree NOT to:

• Violate any applicable Indian laws or regulations
• Infringe upon intellectual property rights of the Service Provider or third parties
• Upload or transmit viruses, malware, or any other malicious code
• Attempt to gain unauthorized access to our systems or networks
• Reverse engineer, decompile, or disassemble any software provided by us
• Use our Services for any illegal or unauthorized purpose
• Harass, abuse, or harm other users
• Distribute spam or unsolicited communications
• Impersonate any person or entity
• Interfere with or disrupt the Services or servers

5.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

5.3 Compliance with Laws

You agree to comply with all applicable Indian laws, including but not limited to the Information Technology Act, 2000, and its amendments, while using our Services.

6.1 Ownership

All Content, trademarks, service marks, trade names, logos, and intellectual property displayed on the Website are the property of Debasis Bhattacharjee or respective third parties. This includes but is not limited to:

• Website design, layout, and graphics
• Software code and applications
• Written content, articles, and blog posts
• Images, videos, and multimedia content
• eBooks and educational materials
• Proprietary methodologies and processes

6.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal or internal business purposes only.

6.3 Restrictions

You may NOT:

• Copy, modify, or create derivative works from our Content
• Distribute, sell, or license our Content to third parties
• Remove any copyright or proprietary notices
• Use our Content for commercial purposes without explicit written permission

6.4 Client Work & Portfolio Rights

For custom development projects, intellectual property rights transfer only upon full payment and as specified in the project agreement. The Service Provider reserves the right to showcase completed work in portfolios (with anonymization if required by NDA).

7.1 Pricing

All prices are stated in Indian Rupees (INR) unless otherwise specified. Prices are subject to change without notice, but changes will not affect orders already confirmed.

7.2 Payment Methods

We accept the following payment methods:

• Bank Transfer (NEFT/RTGS/IMPS)
• UPI (Unified Payments Interface)
• Credit/Debit Cards (through approved payment gateways)
• Digital Wallets (as applicable)
• Other methods as agreed upon in writing

7.3 Payment Schedule

For professional services, the typical payment schedule is:

• Milestone-based projects: Payment according to agreed milestones
• Fixed-price projects: 50% advance, 50% upon completion
• Hourly projects: Invoiced weekly/monthly as agreed
• Digital products: Full payment before delivery/access

7.4 Taxes

All prices are exclusive of applicable taxes including but not limited to GST (Goods and Services Tax) as per Indian tax laws. You are responsible for paying all applicable taxes.

7.5 Late Payment

Late payments may be subject to interest charges of 2% per month or the maximum rate permitted by law, whichever is lower. Work may be suspended for accounts more than 15 days overdue.

7.6 Currency

All transactions are processed in Indian Rupees (INR). For international clients, currency conversion rates and fees applied by payment processors are the responsibility of the client.

8.1 Digital Products

Due to the nature of digital products, all sales are final once the product has been delivered or accessed. Refunds are only provided in the following circumstances:

• Product is significantly different from description
• Technical issues prevent product use (and cannot be resolved)
• Duplicate purchase made in error (within 48 hours)

8.2 Professional Services

For professional services, refund eligibility depends on the project stage:

• Before work begins: Full refund minus processing fees
• Work in progress: Partial refund for incomplete milestones
• After delivery: No refund unless deliverables do not meet agreed specifications

8.3 Refund Process

Refund requests must be submitted in writing to our support email within 7 days of purchase or issue discovery. Refunds will be processed within 15-30 business days and credited to the original payment method.

For detailed information, please refer to our complete Refund Policy.

9.1 Confidential Information

Both parties acknowledge that during the course of business, confidential information may be shared. "Confidential Information" includes but is not limited to:

• Business strategies and plans
• Technical data and source code
• Client lists and customer data
• Financial information
• Trade secrets and proprietary methods
• Project specifications and requirements

9.2 Obligations

Both parties agree to:

• Maintain strict confidentiality of all Confidential Information
• Not disclose Confidential Information to third parties without written consent
• Use Confidential Information solely for the intended business purpose
• Return or destroy Confidential Information upon request

9.3 Portfolio Display

The Service Provider maintains strict Non-Disclosure Agreements with clients. Portfolio work displayed on the Website either:

• Has explicit client permission (NOC) for display
• Has been anonymized with modified logos and identifying details
• Represents personal or internal projects

9.4 Duration

Confidentiality obligations survive termination of services and remain in effect for a period of 5 years from the date of disclosure or as otherwise agreed in writing.

10.1 Service Warranty

We warrant that professional services will be performed with reasonable care and skill in accordance with industry standards. However, we do not guarantee specific results or outcomes.

10.2 "AS IS" Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation
• Accuracy or completeness of content

10.3 Third-Party Services

The Website may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of third-party websites and disclaim all liability related to your use of such services.

10.4 Technical Limitations

We do not warrant that:

• The Services will meet your specific requirements
• The Services will be available at all times
• All errors or defects will be corrected
• The Services will be compatible with all hardware/software

11.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE INDIAN LAW, IN NO EVENT SHALL DEBASIS BHATTACHARJEE BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from use or inability to use the Services
• Damages relating to third-party content or services

11.2 Monetary Cap

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ₹10,000 (RUPEES TEN THOUSAND), WHICHEVER IS GREATER.

11.3 Exceptions

Nothing in these Terms shall exclude or limit our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded under Indian law

11.4 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, pandemic, internet failures, or government actions.

12.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Debasis Bhattacharjee, its affiliates, officers, agents, employees, and partners from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your violation of any applicable laws or regulations
• Any content you submit or transmit through the Services
• Your negligence or willful misconduct

12.2 Defense of Claims

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

13.1 Termination by You

You may terminate your account at any time by contacting us. Upon termination, your right to use the Services will immediately cease.

13.2 Termination by Us

We reserve the right to suspend or terminate your access to the Services immediately, without prior notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Conduct harmful to other users or our business
• Extended period of inactivity

13.3 Effect of Termination

Upon termination:

• All licenses granted to you will immediately terminate
• You must cease all use of the Services
• Provisions that by their nature should survive will remain in effect
• You remain liable for all outstanding payments

13.4 Survival

The following sections survive termination: Intellectual Property, Payment Terms, Warranties, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution.

14.1 Informal Resolution

In the event of any dispute, claim, or controversy arising from or relating to these Terms or the Services, the parties agree to first attempt to resolve the dispute informally by contacting us at our designated email address.

14.2 Mediation

If the dispute cannot be resolved informally within 30 days, either party may initiate mediation through a mutually agreed mediator in West Bengal, India. The costs of mediation shall be shared equally by both parties.

14.3 Arbitration

If mediation fails, any dispute shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended. The arbitration shall be:

• Conducted in English language
• Located in Kolkata, West Bengal, India
• Conducted by a single arbitrator mutually agreed upon by both parties
• Governed by the Arbitration and Conciliation Act, 1996

14.4 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action.

14.5 Equitable Relief

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

16.1 Modification Rights

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. When we make changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Notify users via email or prominent notice on the Website (for material changes)
• Provide reasonable notice before the changes take effect

16.2 Acceptance of Changes

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Services.

16.3 Review Responsibility

It is your responsibility to review these Terms periodically for updates. We recommend checking this page regularly.

17.1 General Inquiries

For questions, concerns, or feedback regarding these Terms of Service, please contact us:

• Business Name: Debmedia Technologies LLP
• Proprietor: Debasis Bhattacharjee
• Email: legal@debasisbhattacharjee.com
• Support Email: support@debasisbhattacharjee.com
• Website: https://www.debasisbhattacharjee.com
• Location: West Bengal, India

17.2 Legal Notices

All legal notices should be sent in writing to our registered email address. Notices sent by email are considered received when acknowledged by our legal team.

17.3 Response Time

We strive to respond to all inquiries within 3-5 business days. For urgent legal matters, please mark your correspondence as "URGENT" in the subject line.

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Debasis Bhattacharjee regarding the use of our Services and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable Indian law, such provision shall be modified to reflect the parties' intention as closely as possible, and the remaining provisions shall remain in full force and effect.

18.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. We may assign our rights and obligations without restriction.

18.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly provided herein.

18.6 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

18.7 Electronic Communications

By using our Services, you consent to receive electronic communications from us. These communications may include notices about your account, transactional information, and promotional messages. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements.