1. Parties & acceptance
“Oshmaal”, “we”, “us” means OSHMAAL PRIVATE LIMITED, CIN U58200UP2024PTC195797, registered office at House No. 2, Gali No. 1, Gautampuri, Near Devnagri, Ujhani, Budaun, Uttar Pradesh, India — 243639 (“Company”). “You” / “Client” means the person or entity using this website or engaging us for services.
Using this website, requesting a quote, or issuing a purchase order / paying an advance constitutes acceptance of these Terms. If you act for a company, you confirm you are authorised to bind it.
2. Services
Oshmaal is a digital product studio providing: web development (business websites, landing pages, Next.js / React apps, portals); e-commerce development; mobile apps (iOS, Android, cross-platform); UI/UX design; AI solutions (grounded chatbots, RAG, lead qualification, workflow agents); automation (n8n, API pipelines, data sync); SaaS product engineering; and custom software (dashboards, internal tools, operations systems).
Anything not listed in your written proposal — including content writing, photography, paid ads, app-store fees, SMS / WhatsApp / gateway charges, and third-party licences — is excluded unless expressly included.
3. Engagement & scope
- Fixed scope in writing: every engagement starts with a written proposal / work order listing deliverables, pages / screens, integrations, exclusions, price, payment schedule and timeline. Only that document is binding — calls, chats and demos are illustrative.
- Change requests: anything outside the agreed scope (extra pages, features, integrations, redesigns after approval) is estimated separately and starts only on written approval and, where applicable, additional payment.
- Approvals: design and build proceed on staged approvals. Feedback must be consolidated and given within the window stated in the proposal; delayed feedback extends timelines correspondingly.
4. Pricing & payments
- Indicative plans: website plans are commonly Launchpad from ₹6,999, Professional from ₹14,999, and Advanced / e-commerce / custom builds from ₹24,999. Final price is always the fixed quote in your proposal.
- Taxes: prices are exclusive of GST and other applicable taxes, which are charged extra at prevailing rates. GST invoice is issued by OSHMAAL PRIVATE LIMITED.
- Advance & milestones: work typically starts on receipt of the advance stated in the proposal (commonly 50%), with the balance on milestones / before launch or store-submission / handover. No launch, transfer or handover is due while any amount is overdue.
- Third-party costs: domain, hosting, email, app-store, gateway, SMS, map, and AI-model usage charges are payable by the client directly to the provider, in accounts owned by the client.
- Late payment: overdue sums may attract interest at 1.5% per month (or the maximum permitted by law, if lower) plus reasonable recovery costs. We may pause work on 7 days’ notice while payment is overdue.
- Refunds: the advance covers discovery, planning and reserved capacity and is non-refundable once work has started. If you cancel before kickoff, we refund the advance less any costs already incurred. Completed milestones are non-refundable.
5. Client responsibilities
- Provide accurate content (text, images, logos, product data), brand inputs, and timely decisions through a single point of contact.
- Ensure you own or licence all materials you supply, and that they do not infringe any third-party rights or law.
- Create and own the domain, hosting, analytics, app-store, gateway and other third-party accounts; grant us least-privilege access needed to deliver.
- Obtain end-user consents and publish your own privacy / cookie notices for your product — we build the hooks, you own the compliance for your business.
6. Timelines
Typical delivery — starter sites ~3 days, professional sites ~5 days, e-commerce / custom apps ~10–12 days — assumes prompt content and approvals, as stated on our site. Timelines run from receipt of advance plus all required inputs, and extend day-for-day for client delays, scope changes, or third-party review queues (e.g. app stores, payment gateways). Time is of essence for payments; delivery dates are good-faith estimates, not guarantees.
7. IP & source-code ownership
- Full ownership on final payment: on receipt of all dues, we assign to you all right, title and interest in the final deliverable’s custom code, designs and content created specifically for you — you receive full source-code ownership with handover docs, as promised on oshmaal.com.
- What stays with us: our pre-existing libraries, boilerplates, internal tooling, know-how and general methods remain ours, licensed to you as embedded in the deliverable. Third-party / open-source components remain under their own licences, disclosed at handover.
- Before final payment: all work product remains our property and is licensed to you only to review the project. We may withhold repositories, keys and handover until dues are cleared.
- Your materials: you retain ownership of materials you supply and grant us a licence to use them solely to deliver the project.
8. Portfolio & showcase
Unless your proposal states otherwise in writing, you permit us to list your business name, show anonymised or public screens, and link to the live product in our Work / Case Studies and credentials. We will remove a showcase reference within 30 days of a written request where feasible (already-printed or archived material excepted).
9. AI, automation & SEO disclaimers
- AI outputs: AI assistants, summaries and automations can be inaccurate or incomplete. You must human-review consequential outputs (pricing, medical, legal, financial, or customer-facing commitments) before acting on them. We configure guardrails and grounding; we do not warrant that outputs are error-free.
- SEO & performance: every build ships with SEO foundations (semantic HTML, metadata, sitemap, schema, performance hygiene). No one can guarantee search rankings, traffic or conversions — any such promise is expressly disclaimed.
- Platform risk: model providers, app stores, gateways and cloud platforms may change terms, pricing or APIs. We will reasonably adapt within scope; platform-driven rework is chargeable as a change request.
10. Support & maintenance
Each proposal includes a defined post-launch support window for fixing defects in what we delivered (commonly 15–30 days). It excludes issues caused by client edits, third-party changes, misuse, or new features. Continued maintenance, monitoring, updates and retainers are available under a separate plan.
11. Confidentiality
Each party will keep the other’s non-public business information confidential, use it only for the project, and disclose it only to personnel and advisers who need to know and are bound to confidentiality. This does not apply to information already public, independently developed, or required to be disclosed by law (with prompt notice where lawful).
12. Warranties & liability
- Website: oshmaal.com content is general information, not professional advice. We do our best to keep it accurate but make no warranty of completeness or fitness for any purpose.
- Services warranty: we warrant we will perform with reasonable skill and care and that the final deliverable will materially conform to the written proposal at handover. Your exclusive remedy for breach is re-performance of the non-conforming part notified within the support window.
- Liability cap: to the maximum extent permitted by law, our aggregate liability for all claims arising from a project is limited to the fees actually paid for that project. We are not liable for indirect, incidental, special, consequential, or loss-of-profit / revenue / data claims.
- Nothing here limits liability that cannot be limited under Indian law, including for fraud, wilful misconduct, or breach of confidentiality / IP assignment obligations.
13. Term & termination
- Either party may terminate for convenience on 15 days’ written notice; you pay for work done through the termination date plus committed third-party costs and a reasonable demobilisation fee.
- Either party may terminate immediately if the other materially breaches and fails to cure within 15 days of written notice, or becomes insolvent.
- On termination, we deliver work completed and paid for; unpaid work remains our property. Confidentiality, IP (as paid for), payment, liability and dispute clauses survive.
14. Governing law & disputes
These Terms and all engagements are governed by the laws of India. The parties will first attempt good-faith negotiation for 21 days, then mediation / conciliation under the Arbitration and Conciliation Act, 1996 (including Micro and Small Enterprises Facilitation Council proceedings where applicable). Failing settlement, disputes are subject to arbitration seated in Uttar Pradesh, India with one arbitrator, in English; courts at Budaun / Uttar Pradesh have supervisory jurisdiction. You consent to electronic service of notices at your proposal email address.
15. Contact
OSHMAAL PRIVATE LIMITED
House No. 2, Gali No. 1, Gautampuri, Near Devnagri, Ujhani, Budaun, Uttar Pradesh, India — 243639
CIN: U58200UP2024PTC195797
Email: shivangi@oshmaal.com · Phone: +91 9389017395
For questions about these Terms, write with the subject “Terms Query”. The written proposal / work order for your project, our Privacy Policy, and these Terms together form the agreement. In case of conflict, the proposal prevails, then these Terms.
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