Introduction
Welcome to the website of Subhasish Biswas. This website provides information about software development, website development, application development and related technology services.
These Terms and Conditions ("Terms", "Terms and Conditions") govern your use of this website and your engagement with Subhasish Biswas for development or IT services.
By accessing this website, submitting an enquiry, requesting a quotation, engaging services or entering into a project agreement, you acknowledge that you have read and understood these Terms.
Acceptance of Terms
By using this website or engaging Subhasish Biswas for any development service, you agree to comply with these Terms.
If you do not agree with these Terms, you should not use this website or engage the services described through it.
Individual projects may also be governed by a separate quotation, proposal, invoice, work order, service agreement or other written agreement. Where a project-specific written agreement exists, that agreement may define additional terms applicable to that particular project.
Services
Subhasish Biswas provides technology and software development services based on the requirements agreed with the client.
Services may include, depending on the agreed project scope:
- Website development
- Custom software development
- E-commerce development
- Mobile application development
- Backend and API development
- Database development
- System and API integration
- WordPress development
- Hosting and deployment assistance
- Maintenance and technical support
- Software consulting and technical assistance
The exact services, features, technologies, deliverables and responsibilities for each project will be determined by the applicable proposal, quotation or written agreement.
Project Scope
Development work will be performed according to the requirements, specifications and deliverables agreed with the client.
Unless expressly included in the agreed scope, additional functionality, integrations, pages, modules, design revisions, third-party services, data migration, content creation, hosting, maintenance or other work may be treated as additional work and may require additional fees.
Requirements provided by the client should be sufficiently clear and accurate before development begins. Changes to requirements after development has started may affect project cost and delivery timelines.
Client Responsibilities
The client is responsible for providing accurate requirements, content, information, credentials, approvals and other materials reasonably necessary to complete the agreed project.
The client is responsible for ensuring that any text, images, videos, trademarks, documents, databases, software, data or other materials supplied to Subhasish Biswas may lawfully be used for the project.
Delays caused by missing information, delayed approvals, unavailable credentials, third-party dependencies or changes requested by the client may affect the project timeline.
Use of Delivered Software
Subhasish Biswas is a software development service provider. The primary responsibility is to develop and deliver the website, application, software, system or other technical deliverables according to the requirements and scope agreed with the client.
Once software or a website has been delivered to the client, the client is responsible for how the delivered software is operated, managed, marketed, configured, populated, distributed or otherwise used, except for responsibilities expressly accepted by Subhasish Biswas under a separate written agreement.
The client is solely responsible for the business, commercial, financial, operational, legal and regulatory activities conducted through the software or website after delivery.
Subhasish Biswas does not control and is not responsible for the client's business model, business decisions, transactions, customers, users, products, services, advertisements, financial activities, marketing activities, claims, representations or other activities conducted using the delivered software.
The client is responsible for ensuring that its use of the software complies with all applicable laws, regulations, licensing requirements, industry requirements and contractual obligations.
Important Scope Principle
Development of software does not constitute endorsement, approval or participation in the client's business activities. The developer's role is to provide the agreed technical deliverables; the client remains responsible for the subsequent use and operation of those deliverables.
Third-Party Services
Projects may depend on third-party services such as hosting providers, domain registrars, payment gateways, APIs, cloud platforms, app stores, email providers, SMS providers, analytics platforms or other external services.
Such third-party services are controlled by their respective providers and may have their own terms, pricing, limitations, availability requirements and privacy policies.
Unless expressly agreed otherwise, Subhasish Biswas is not responsible for outages, suspensions, policy changes, pricing changes, account restrictions, API changes or failures caused by third-party providers.
Client Content & Data
The client remains responsible for the content, information and data supplied for use within a website, application or software system.
The client must ensure that such information is accurate, lawful and appropriately obtained.
The client is responsible for obtaining any required permissions, licences, consents or authorisations relating to its content or data.
Where a project involves personal information belonging to the client's customers, employees, users or other individuals, the client is responsible for determining the appropriate legal basis, notices, consents, retention practices and other compliance requirements applicable to that information.
Intellectual Property
Ownership and licensing of project-specific source code, designs, documentation, databases and other deliverables will depend on the applicable project agreement, quotation or written arrangement.
Unless expressly transferred or licensed to the client, Subhasish Biswas may retain rights in general development methods, reusable code, libraries, frameworks, technical concepts, templates, tools and know-how used to deliver services.
Third-party software, open-source packages, frameworks, fonts, APIs and other components remain subject to their respective licences and terms.
The client must not represent third-party intellectual property as its own where such representation would violate the applicable licence or ownership rights.
Fees & Payment
Project fees will be communicated through the applicable quotation, proposal, invoice or agreement.
Where milestone or advance payments are agreed, development work, delivery or access to certain deliverables may depend on receipt of the applicable payment.
Unless otherwise agreed in writing, additional work outside the original project scope may be charged separately.
Taxes, domain registration, hosting, premium plugins, paid APIs, licences, third-party subscriptions and other external costs may be charged separately unless expressly included in the project quotation.
Changes & Additional Work
Development projects may evolve as requirements become clearer. Requests that materially change the agreed scope may be considered change requests.
Additional development, redesign, integrations, functionality, revisions, migrations or other work may require additional time and fees.
The effect of a requested change on the delivery schedule and cost may be communicated to the client before the additional work is undertaken.
Delivery & Acceptance
Delivery timelines are estimates based on the requirements, dependencies, information, approvals and resources available at the time of development.
Delays caused by changes in requirements, delayed feedback, unavailable credentials, third-party services, hosting issues or other circumstances outside reasonable control may affect delivery dates.
After delivery, the client should review the deliverables and communicate any agreed-scope defects or issues within a reasonable period.
Maintenance & Support
Development and maintenance are separate services unless ongoing support is expressly included in the project agreement.
Unless otherwise agreed, the completion of a project does not automatically create an indefinite obligation to provide free maintenance, updates, hosting, monitoring or technical support.
Updates to operating systems, browsers, PHP versions, WordPress, plugins, APIs, hosting environments or third-party services may require additional technical work.
Warranties & Disclaimers
Development services will be performed with reasonable professional care and in accordance with the agreed project requirements.
However, software systems may depend on browsers, devices, operating systems, hosting environments, APIs, third-party services and other technologies outside the developer's direct control.
Unless expressly agreed in writing, no guarantee is made that a website or software application will produce a particular level of revenue, profit, traffic, sales, rankings, user growth, business performance or other commercial result.
No guarantee is made that third-party services will remain available, unchanged or compatible indefinitely.
Limitation of Liability
To the extent permitted by applicable law, Subhasish Biswas will not be responsible for indirect, incidental, special, consequential or business losses arising from the client's use or inability to use a delivered website, software, application or system.
This may include, where legally permitted, loss of profits, loss of business opportunities, loss of revenue, loss of anticipated savings, loss of data or interruption of business.
Subhasish Biswas is not responsible for losses resulting from the client's business decisions, misuse of software, unauthorised modifications, improper configuration, third-party services, hosting failures, security incidents outside reasonable control, or unlawful activities conducted by the client or its users.
Nothing in these Terms is intended to exclude or limit liability that cannot lawfully be excluded or limited under applicable law.
Indemnification
To the extent permitted by applicable law, the client agrees to be responsible for claims, liabilities, losses, damages and expenses arising from the client's unlawful use of delivered software, client-provided content, violation of third-party rights or activities conducted through the client's systems.
This provision does not apply to the extent that a claim results directly from a breach of these Terms by Subhasish Biswas.
Termination
A project or service arrangement may be terminated according to the terms of the applicable project agreement.
Where no separate termination terms exist, either party may request termination by providing written notice.
Fees for work already completed, approved milestones, non-refundable third-party expenses and other amounts already incurred may remain payable after termination, subject to the applicable agreement and law.
Confidentiality
Information identified as confidential and shared for the purpose of a project should be handled appropriately and used for the agreed project purposes.
Confidentiality obligations may be further defined through a separate Non-Disclosure Agreement (NDA) or project agreement where required.
Information that is already publicly available, independently developed, lawfully obtained from another source or required to be disclosed by law may not be considered confidential to the extent permitted by law.
Security
Reasonable technical practices may be applied during development based on the requirements and environment of the project.
However, no internet-connected system can be guaranteed to be completely secure against every possible attack, vulnerability, configuration error or third-party compromise.
Clients are responsible for protecting their hosting accounts, administrator credentials, passwords, API keys and other access credentials after delivery unless ongoing management is expressly included as a service.
Governing Law & Jurisdiction
These Terms shall be interpreted in accordance with the applicable laws of India, subject to mandatory provisions of applicable law.
Any dispute arising from services or project agreements should first be addressed through good-faith communication between the parties.
Where a separate written agreement specifies a particular jurisdiction, dispute resolution mechanism or arbitration procedure, that agreement will govern to the extent applicable.
Changes to These Terms
These Terms may be updated from time to time to reflect changes to the website, services, operational practices or legal requirements.
The updated version will be published on this website with a revised "Last Updated" date.
Continued use of the website after an update constitutes acceptance of the revised Terms to the extent permitted by applicable law.
Contact
If you have questions regarding these Terms, project scope or development services, you may contact:
Important Legal Notice
These Terms and Conditions are provided for general website and business use and are intended to describe the general relationship between Subhasish Biswas and clients. They are not legal advice and do not replace a project-specific contract, service agreement, NDA or advice from a qualified legal professional.
Where a project involves regulated industries, financial services, healthcare, personal data, payments, cryptocurrency, gambling, investment activities or other legally sensitive activities, the client is responsible for obtaining appropriate professional legal and regulatory advice.