Terms of
Service.

Last updated: 28 September 2026. Please read these Terms carefully before using our Website or engaging our Services.

1. 01

   Acceptance and Scope

   These Terms of Service ("Terms") govern your use of nerdtech.in (the "Website") and the software development, consulting, hosting, maintenance and related services provided by Nerdtech Softwares LLP, a limited liability partnership registered in India ("NerdTech", "we", "us" or "our") (the "Services"). "Client" or "you" means the person or entity using the Website or engaging us for Services.

   By using the Website or engaging us for Services, you agree to these Terms. If you are accepting on behalf of an organisation, you confirm that you have authority to bind it.

   The specific scope, deliverables, timeline and fees for each engagement will be set out in a written proposal, statement of work or master services agreement signed or accepted by both parties (an "Agreement"). If an Agreement conflicts with these Terms, the Agreement prevails for that engagement.

2. 02

   Proposals and Quotes

   Quotes, estimates and proposals are valid for 30 days unless stated otherwise, and become binding only when both parties accept an Agreement. Time and cost estimates are good-faith estimates based on the information available at the time and are not guarantees unless the Agreement expressly states a fixed price or fixed date.

3. 03

   Client Responsibilities

   You agree to provide, in a timely manner, the information, content, feedback, approvals, access to systems and decision-makers reasonably required for us to perform the Services. You are responsible for the accuracy and legality of all materials you provide, and for holding the rights needed for us to use them.

   Delays or failures on your side may extend the timeline and, where they cause additional work, may result in additional fees.

4. 04

   Change Requests

   Any change to the agreed scope must be requested in writing. We will assess the impact on timeline and fees, and the change will take effect only once both parties approve it in writing, including by email.

5. 05

   Fees, Invoicing and Payment

   Fees are as set out in the Agreement. Unless stated otherwise, invoices are payable within 15 days of the invoice date, in the currency stated on the invoice.

   Fees are exclusive of all taxes, duties and levies, including GST, VAT and sales tax, which are payable by you where applicable. If you are required by law to withhold any tax from a payment, you will increase the payment so that we receive the full invoiced amount, unless the Agreement states otherwise. Bank charges and currency conversion costs on your side are borne by you.

   If any undisputed amount remains unpaid for more than 15 days after its due date, we may, after giving written notice, suspend work, withhold deliverables and suspend hosted services until payment is received, and extend any timelines accordingly.

6. 06

   Intellectual Property

   Client deliverables: subject to your payment in full of all fees due for them, we assign to you all intellectual property rights in the custom source code, designs and documentation that we create specifically for you under an Agreement ("Deliverables"). Until full payment, you have a limited licence to use the Deliverables for evaluation and testing only.

   NerdTech materials: we retain all rights in our pre-existing and independently developed software, frameworks, libraries, templates, tools, know-how and the nerdOS platform and modules ("NerdTech Materials"). Where NerdTech Materials are included in Deliverables, we grant you a perpetual, worldwide, non-exclusive, royalty-free licence to use, modify and maintain them as part of those Deliverables, but not to sell or license them separately.

   Third-party and open-source components are licensed under their own terms, which you agree to comply with.

   Client materials: you retain all rights in materials you provide to us, and you grant us a licence to use them solely to perform the Services.

   Unless you object in writing, we may name you as a client and describe the Services in general terms in our marketing materials, without disclosing your confidential information.

7. 07

   Confidentiality

   Each party will keep confidential all non-public information disclosed by the other party that is marked as confidential or that a reasonable person would understand to be confidential, and will use it only for the purposes of the engagement. This obligation continues for three years after the engagement ends, and indefinitely for source code, trade secrets and personal data.

   These obligations do not apply to information that is or becomes public without breach, was lawfully known to the recipient beforehand, is independently developed, or is lawfully received from a third party. A party may disclose confidential information where required by law, after giving the other party prompt notice where legally permitted.

8. 08

   Acceptance of Deliverables

   You will review each Deliverable within 10 business days of delivery and either accept it or notify us in writing of any material non-conformity with the agreed specification. We will correct notified non-conformities and resubmit the Deliverable. A Deliverable is deemed accepted if you do not respond within this period, or if you use it in production.

9. 09

   Warranties and Disclaimers

   We warrant that we will perform the Services with reasonable skill, care and diligence, in line with generally accepted industry practice. For 30 days after acceptance of a Deliverable, we will fix, at no additional cost, any defect that causes it to fail materially to conform to the agreed specification. This is your sole remedy for breach of this warranty.

   This warranty does not cover defects caused by modifications made by anyone other than us, misuse, third-party software or services, hosting environments we do not manage, or changes to your requirements.

   Except as expressly stated in these Terms or an Agreement, and to the maximum extent permitted by law, the Website and Services are provided "as is" and "as available", and we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that any software will be uninterrupted or error-free.

10. 10

    Limitation of Liability

    To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, business, goodwill or data, however caused, even if advised of the possibility of such damages.

    To the maximum extent permitted by law, each party's total aggregate liability arising out of or relating to these Terms or any Agreement will not exceed the total fees paid and payable by you to us under the relevant Agreement in the 12 months preceding the event giving rise to the claim.

    These limitations do not apply to your obligation to pay fees, to a party's liability for fraud, gross negligence or wilful misconduct, to breaches of confidentiality, to the indemnities in Section 11, or to any liability that cannot be limited or excluded by law.

11. 11

    Indemnification

    You will defend, indemnify and hold harmless NerdTech and its personnel from any third-party claim, and resulting losses and costs, arising from materials you provide, your use of the Deliverables in breach of law or these Terms, or your breach of Section 3.

    We will defend, indemnify and hold you harmless from any third-party claim that the Deliverables, as delivered by us, infringe that third party's intellectual property rights, except to the extent that the claim arises from client materials, third-party or open-source components, or modifications not made by us.

    The indemnified party must promptly notify the indemnifying party of the claim, give it sole control of the defence and settlement, and provide reasonable cooperation.

12. 12

    Hosted Services and nerdOS Platforms

    Where we host, operate or provide access to software, including nerdOS platforms, on a subscription basis, we grant you a non-exclusive, non-transferable right to use it during the subscription term for your internal business purposes. You must not reverse engineer, resell, sublicense or attempt to gain unauthorised access to it, or use it to store or transmit unlawful content.

    We will use reasonable efforts to keep hosted services available, excluding planned maintenance and events beyond our reasonable control. Any specific service levels apply only if set out in an Agreement.

    When a subscription ends, we will make your data available for export for 30 days, after which we may delete it, unless the law requires us to retain it.

13. 13

    Non-Solicitation

    During an engagement and for 12 months after it ends, you will not directly or indirectly solicit for employment or engage any NerdTech employee or contractor who worked on your project, without our prior written consent. General job advertisements not targeted at our personnel are not a breach of this clause.

14. 14

    Term and Termination

    Either party may terminate an Agreement for convenience by giving 30 days' written notice, unless the Agreement states otherwise. Either party may terminate an Agreement immediately by written notice if the other party commits a material breach that it fails to remedy within 15 days of receiving written notice of it, or if the other party becomes insolvent.

    On termination, you will pay for all Services performed and expenses incurred up to the termination date, and we will deliver all Deliverables and work in progress that you have paid for. Sections 6, 7, 9, 10, 11, 13, 17 and 18 survive termination.

15. 15

    Acceptable Use of the Website

    You must not use the Website in any way that is unlawful, harmful or fraudulent, attempt to gain unauthorised access to it or to our systems, introduce malware, or scrape or harvest data from it by automated means. All content on the Website, including text, graphics, logos and the NerdTech and nerdOS names and marks, is owned by NerdTech or its licensors and may not be used without our written permission.

16. 16

    Force Majeure

    Neither party is liable for any delay or failure to perform its obligations, other than payment obligations, caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, government action, labour disputes, and failures of power, internet or third-party hosting providers. The affected party will notify the other party promptly and use reasonable efforts to resume performance.

17. 17

    Governing Law and Dispute Resolution

    These Terms and any Agreement are governed by the laws of India, without regard to conflict-of-law principles, unless the Agreement specifies a different governing law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

    The parties will first try in good faith to resolve any dispute through negotiation between senior representatives within 30 days of written notice of the dispute. If it is not resolved, the dispute will be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by mutual agreement. The seat of arbitration will be the city in India where NerdTech's registered office is located, the arbitration will be conducted in English, and hearings may be held online. Arbitral awards are final and binding and may be enforced in any country that is a party to the New York Convention.

    Nothing in this section prevents either party from seeking urgent injunctive or interim relief from any court of competent jurisdiction to protect its intellectual property or confidential information, or from bringing proceedings to recover unpaid fees.

18. 18

    General

    Entire agreement: these Terms, together with any Agreement and our Privacy Policy and Data Processing Agreement, form the entire agreement between the parties on their subject matter and supersede all prior discussions. Any terms in your purchase orders or similar documents do not apply.

    Independent contractors: the parties are independent contractors, and nothing in these Terms creates a partnership, joint venture, employment or agency relationship.

    Assignment: you may not assign or transfer your rights or obligations without our prior written consent. We may use qualified subcontractors, and we remain responsible for their work.

    Severability and waiver: if any provision is found invalid or unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect. A failure or delay to enforce a right is not a waiver of it.

    Notices and electronic communications: notices may be given by email to the addresses the parties have designated, and are effective on sending unless a delivery failure is received. You agree that agreements, approvals and notices given electronically satisfy any requirement that they be in writing.

    Changes: we may update these Terms from time to time by posting the revised version on the Website. Changes do not affect an Agreement that is already in force unless both parties agree in writing.

19. 19

    Contact

    Nerdtech Softwares LLP, India. Email: contact@nerdtech.in. Phone: +91 9405649047.