Terms & Conditions

Welcome to Apex Byte! These Terms & Conditions ("Terms") govern your access to and use of our website (www.apexbyte.in) and the IT services and solutions we provide (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this site.

Apex Byte is an IT services and consulting company based in Delhi, India. These Terms constitute a legally binding agreement between you and Apex Byte.

1. Acceptance of Terms

By accessing and using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions, which may be updated from time to time. We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.

2. Description of Services

Apex Byte provides a range of IT services and consulting, including but not limited to, software development, web development, mobile app development, cloud solutions, cybersecurity services, IT infrastructure management, digital marketing, and technical support. The specific details, scope, and deliverables of any service engagement will be outlined in a separate Service Agreement, Statement of Work (SOW), or proposal agreed upon by both parties. These Terms shall apply to all such agreements unless expressly stated otherwise in the specific agreement.

3. Use of Services

• Eligibility: You must be at least 18 years old or the legal age of majority in your jurisdiction to use our Services. By using our Services, you represent and warrant that you meet this age requirement.
• Permitted Use: You agree to use the Services only for lawful purposes and in accordance with these Terms. You are prohibited from using the Services in any way that could damage, disable, overburden, or impair any Apex Byte server, or the network(s) connected to any Apex Byte server, or interfere with any other party's use and enjoyment of any Services.
• Prohibited Activities: You agree not to engage in any of the following prohibited activities:
  • Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Services without express written permission from Apex Byte.
  • Attempting to gain unauthorized access to any part of the Services, other accounts, computer systems, or networks connected to any Apex Byte server or to any of the Services, through hacking, password mining, or any other means.
  • Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to the Apex Byte servers than a human can reasonably produce in the same period by using a conventional web browser.
  • Transmitting any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Engaging in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services.

4. Payment and Billing

• Fees: Fees for our Services will be clearly outlined in the respective Service Agreement, SOW, or proposal. Unless otherwise specified, all fees are quoted in Indian Rupees (INR) and are exclusive of applicable taxes.
• Payment Terms: Payment terms, including invoicing schedules, due dates, and accepted payment methods, will be specified in the individual service agreements. Late payments may be subject to interest charges or suspension of services, as detailed in your specific agreement.
• Refunds: Refund policies will be determined on a project-by-project basis and will be explicitly stated in your Service Agreement. Generally, fees for services rendered are non-refundable.

5. Client Responsibilities

To ensure the effective delivery of Services, clients agree to:

• Provide timely access to necessary information, resources, and personnel.
• Review and approve deliverables within agreed-upon timelines.
• Make timely payments as per the agreed-upon terms.
• Inform Apex Byte of any changes in requirements or project scope promptly.

6. Confidentiality

Both Apex Byte and the Client agree to maintain the confidentiality of all proprietary or confidential information disclosed by the other party during the course of providing or receiving Services. This includes, but is not limited to, business plans, technical data, financial information, customer lists, and project details. Confidentiality obligations will remain in effect even after the termination of services. Specific Non-Disclosure Agreements (NDAs) may be executed for particular projects.

7. Data Protection and Privacy

Apex Byte is committed to protecting your privacy and personal data. Our collection, use, and disclosure of personal information are governed by our **Privacy Policy**, which is incorporated by reference into these Terms. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate. We comply with applicable data protection laws in India.

You can review our Privacy Policy at www.apexbyte.in/privacy_policy.php.

8. Intellectual Property Rights

All content on this website, including but not limited to text, graphics, logos, images, software, and the compilation thereof, is the property of Apex Byte or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as generally permitted by standard web browser functionality.

The Apex Byte name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Apex Byte or its affiliates or licensors. You must not use such marks without the prior written permission of Apex Byte.

Unless otherwise specified in a separate Service Agreement, any intellectual property developed by Apex Byte for a client during the provision of services will be governed by the terms outlined in that specific agreement.

9. Third-Party Services and Software

Our Services may involve the use of, or recommendations for, third-party services, software, or platforms. Apex Byte is not responsible for the terms, conditions, privacy policies, or practices of any third-party websites or services. Your use of such third-party services is at your own risk and subject to their respective terms and conditions.

10. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Apex Byte disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Apex Byte does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

11. Limitation of Liability

In no event shall Apex Byte, its affiliates, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

12. Indemnification

You agree to defend, indemnify, and hold harmless Apex Byte, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Services, including, but not limited to, any use of the website's content, services, and products other than as expressly authorized in these Terms.

13. Termination of Services

We may terminate or suspend your access to all or part of our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. Specific termination clauses related to ongoing projects will be detailed in the respective Service Agreements.

14. Governing Law & Jurisdiction

These Terms shall be governed and construed in accordance with the laws of India, specifically the laws applicable in Delhi, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Delhi, India, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof for the time being in force. The seat of the arbitration shall be Delhi, India. The language of the arbitration shall be English.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

16. Entire Agreement

These Terms & Conditions, together with our Privacy Policy, and any executed Service Agreements, constitute the entire agreement between you and Apex Byte regarding our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

17. Contact Us

If you have any questions about these Terms & Conditions, please contact us:

• By email: info@apexbyte.in
• By visiting this page on our website: https://apexbyte.in/contact/
• By phone: +91-8707681810