Terms of Service

Pavlin Tech | Effective Date: April 20, 2026 Last Updated: April 21, 2026

Please read these Terms of Service ("Terms") carefully before using the website https://pavlin.tech or engaging the services of Pavlin Tech ("Company", "we", "us", or "our"). These Terms constitute a legally binding agreement between the Company and you ("Client", "you", or "your").

By accessing our website, submitting an enquiry, entering into a service agreement, or making any payment, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use our website or services.

These Terms are governed by and construed in accordance with the laws of India, including the Indian Contract Act, 1872, the Information Technology Act, 2000, and any other applicable Indian statutes.

1. Services

1.1 Scope of Services

Pavlin Tech offers the following services (collectively, "Services"):

Web Design and Development (static, dynamic, CMS-based, e-commerce)
Mobile Application Development (iOS, Android, cross-platform)
Search Engine Optimisation (SEO) and Content Strategy
Digital Marketing (social media, paid advertising, email marketing)
Website Maintenance and Support

1.2 Service Agreements

All Services are subject to a separate written or digital Statement of Work (SOW) or Service Agreement, agreed upon by both parties prior to commencement. In the event of any conflict between these Terms and a specific Agreement, the Agreement shall prevail.

1.3 Project Timelines

Estimated timelines provided by the Company are indicative and not guaranteed. Delays caused by the Client (including delayed feedback, approvals, or content delivery) will result in revised project timelines at no additional cost to the Company.

If the Client fails to provide required feedback, approvals, or materials for 10 (ten) consecutive calendar days, the Company may place the project on hold. Project timelines, resource allocation, and delivery dates will be revised accordingly.

1.4 Scope, Revisions, and Change Requests

The scope of work, number of revision rounds, and deliverables are defined in the applicable SOW or Agreement. Any request outside the agreed scope, or beyond the included revision rounds, may be treated as a change request and billed additionally at the Company's prevailing rates. Such change requests may also extend project timelines.

1.5 Nature and Method of Delivery

All Services are delivered in digital form. The Company does not sell or ship physical products.

Depending on the agreed scope, delivery may include live website deployment, provision of website files, transfer of relevant login credentials, advertising account or campaign setup, and marketplace onboarding or listing configuration.

Deliverables are provided through secure electronic channels, including hosted access, email, or other agreed digital communication methods.

1.6 Estimated Delivery Timelines

All timelines are indicative only and may vary based on project complexity, Client dependencies, and third-party platform processes (including account verification, policy reviews, and approval workflows).

1.7 Delivery Completion

Delivery shall be deemed complete when the Company has made available the agreed deliverables under the applicable SOW or Agreement, which may include live deployment, handover of files, and/or transfer of relevant administrative credentials.

As Services are digital in nature, no physical shipment is made and no shipping charges apply.

2. Client Responsibilities

The Client agrees to:

Provide all necessary materials, content, access credentials, and approvals in a timely manner
Review deliverables and provide feedback within the agreed review periods
Ensure that all materials, data, and content provided to the Company do not infringe third-party intellectual property rights, violate any laws, or contain harmful or offensive content
Designate a primary point of contact for all project communication
Maintain the confidentiality of any login credentials or access information shared by the Company

Failure by the Client to meet these responsibilities may result in project delays, additional charges, or suspension of Services, for which the Company shall not be held liable.

3. Payment Terms

3.1 Fees and Invoicing

Fees for Services will be specified in the applicable SOW or Agreement. Unless otherwise stated:

A non-refundable advance of 50% of the total project fee is payable prior to commencement of work
The remaining balance is due upon project completion or as per the payment schedule in the Agreement
Invoices are payable within 7 (seven) business days of the invoice date
All fees are exclusive of applicable Goods and Services Tax (GST), which shall be charged separately at the prevailing rate

3.2 Late Payments

In the event of late payment, the Company reserves the right to:

Charge interest on overdue amounts at the rate of 18% per annum (or the maximum rate permitted by law, whichever is lower), calculated daily from the due date
Suspend or withhold delivery of Services and deliverables until outstanding payments are cleared
Terminate the Agreement with notice and retain all advance payments as liquidated damages

3.3 Refund Policy

All advance payments and implementation fees are non-refundable once resource allocation, onboarding, planning, campaign setup, or development work has commenced.

Where Services are cancelled prior to commencement, refunds may be considered at the sole discretion of the Company, less administrative, banking, and processing costs.

For clarity:

Third-party pass-through costs (including advertising spend, domain registrations, hosting charges, plugin or licence fees, marketplace or platform charges, and payment gateway charges) are non-refundable.
No refund is payable for project delays caused by the Client, including delayed feedback, approvals, content, access credentials, or required documents.
No refund is payable solely because a campaign, website, or marketplace listing does not achieve a specific commercial outcome (including leads, sales, rankings, or ROI), except where otherwise expressly agreed in writing.

3.4 Suspension for Non-Payment

Without prejudice to any other rights, if any undisputed invoice remains unpaid beyond the due date, the Company may suspend Services, pause campaign activity, and withhold or restrict access to in-progress deliverables, staging environments, or administrative handover materials until all outstanding dues are cleared.

3.5 Chargebacks and Payment Disputes

The Client agrees to notify the Company of any billing concern in writing and provide a reasonable opportunity to resolve it before initiating a chargeback or payment reversal.

Any fraudulent, bad-faith, or unauthorised chargeback may be treated as a material breach of these Terms. In such cases, the Company may suspend or terminate Services and pursue recovery of outstanding dues, chargeback penalties, and reasonable legal or collection costs as permitted by law.

4. Intellectual Property

4.1 Ownership Upon Full Payment

Upon receipt of full and final payment for a project, the Company assigns to the Client all intellectual property rights in the final deliverables specifically created for the Client under that project, including source code, design files, and content developed exclusively for the Client.

4.2 Company-Retained Rights

The Company retains ownership of:

All pre-existing intellectual property, proprietary tools, frameworks, libraries, and methodologies used in the delivery of Services
Any generic components, templates, or code modules developed by the Company that are not specific to the Client
The right to display completed work in the Company's portfolio and marketing materials, unless the Client requests confidentiality in writing

4.3 Third-Party Licences

Certain deliverables may incorporate third-party software, fonts, images, plugins, or APIs subject to their own licences. The Client is responsible for complying with all applicable third-party licence terms. The Company will disclose the use of material third-party components.

4.4 Client Content

The Client represents and warrants that it owns or has the necessary rights to all content, data, trademarks, and materials provided to the Company. The Client indemnifies the Company against any claims arising from alleged infringement of third-party intellectual property rights in Client-supplied materials.

4.5 Website Content Ownership and Limited Use

Unless otherwise stated, all content available on the Company's website, including text, branding elements, graphics, layouts, and underlying code, is owned by or licensed to the Company and protected under applicable intellectual property laws.

No part of the website content may be copied, reproduced, republished, distributed, or commercially exploited without the Company's prior written consent, except as permitted by law.

5. Confidentiality

Each party agrees to treat as confidential all non-public information disclosed by the other party in the course of the engagement, and not to disclose such information to any third party without prior written consent. This obligation shall survive termination of the Agreement for a period of 3 (three) years.

This clause does not apply to information that: (a) is or becomes publicly available through no breach of this clause; (b) was already known to the receiving party; (c) is independently developed by the receiving party; or (d) must be disclosed under applicable law or court order.

6. Limitation of Liability

6.1 No Consequential Damages

To the maximum extent permitted by applicable Indian law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of data, loss of business opportunities, or reputational harm, even if advised of the possibility of such damages.

6.2 Aggregate Liability Cap

The Company's total aggregate liability to the Client under or in connection with any Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by the Client to the Company for the specific project giving rise to the claim, in the 12 months preceding the date of the claim.

6.3 Force Majeure

The Company shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government actions, internet or telecommunications failures, power outages, pandemics, or any other force majeure event.

7. Warranties and Disclaimers

The Company warrants that:

Services will be performed with reasonable skill and care by qualified professionals
Deliverables will substantially conform to the specifications agreed in the SOW

EXCEPT AS EXPRESSLY STATED HEREIN, THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT SERVICES WILL MEET ALL CLIENT EXPECTATIONS, THAT WEBSITES WILL ACHIEVE SPECIFIC SEARCH ENGINE RANKINGS, OR THAT DIGITAL MARKETING CAMPAIGNS WILL PRODUCE SPECIFIC RESULTS.

SEO and digital marketing outcomes depend on numerous factors outside the Company's control, including search engine algorithm changes, market conditions, and competitor activity. The Company makes no guarantee of specific rankings, traffic levels, or conversion rates.

Where Services rely on third-party platforms or tools (including hosting providers, advertising networks, app stores, plugin vendors, payment gateways, or APIs), the Company is not responsible for downtime, policy changes, account-level restrictions or suspensions, deprecations, or other platform-controlled issues outside the Company's reasonable control.

The Company is not liable for data loss, data breaches, or security incidents arising from third-party infrastructure, software vulnerabilities, or malicious external attacks beyond the Company's reasonable control. Clients are responsible for maintaining appropriate independent backups of their data, content, and configurations unless a managed backup service is expressly included in writing.

The Company does not warrant uninterrupted or error-free availability of its website at all times. Temporary outages, maintenance windows, upgrades, or technical disruptions may occur.

8. Termination

8.1 Termination by Client

The Client may terminate a project by providing 14 (fourteen) days' written notice to the Company. Upon termination:

The Client shall pay for all work completed up to the date of termination at the applicable pro-rata rate
All advance payments shall be retained by the Company as compensation for resources committed
The Company shall deliver all completed work product to the Client upon receipt of all outstanding payments

8.2 Termination by Company

The Company reserves the right to terminate an Agreement with immediate effect if:

The Client breaches any material term of these Terms or the Agreement and fails to remedy such breach within 7 (seven) days of written notice
The Client becomes insolvent, enters liquidation, or is subject to insolvency proceedings
The Client engages in abusive, threatening, or illegal conduct toward the Company's team

8.3 Effect of Termination

Termination shall not affect any accrued rights or obligations of either party. Clauses relating to Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, and Governing Law shall survive termination.

9. Indemnification

The Client agrees to indemnify, defend, and hold harmless the Company, its directors, employees, contractors, and agents from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

The Client's breach of these Terms or any Agreement
Any content, data, or materials provided by the Client
The Client's violation of any applicable law or third-party rights
The Client's use or misuse of the deliverables

10. Acceptable Use

You agree not to use our website or services for any unlawful or prohibited purpose, including but not limited to:

Engaging in any activity that violates applicable Indian or international laws
Uploading or transmitting any content that is harmful, threatening, defamatory, or infringes third-party rights
Attempting to gain unauthorised access to our systems or networks
Using our services to develop products that directly compete with the Company without prior written consent
Engaging in any form of fraud, misrepresentation, or deceptive practice
Submitting false, misleading, abusive, or spam content through website forms or communication channels

The Company does not have a general obligation to pre-screen, verify, or monitor the legality of Client-supplied content. The Client remains solely responsible for ensuring that all provided materials and instructions comply with applicable law and third-party rights.

If the Company provides account-based access to any support portal, dashboard, or managed system, the Client is responsible for maintaining credential confidentiality and all activities performed under such access. The Company may suspend, restrict, or terminate access, with or without prior notice, where misuse, security risk, or breach of these Terms is reasonably suspected.

Our website may include links to third-party websites or services for convenience. The Company does not control and is not responsible for third-party content, availability, security, or privacy practices.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and all Agreements shall be governed by and construed in accordance with the laws of India. The courts of Pune, Maharashtra, shall have exclusive jurisdiction over any disputes arising under these Terms or any Agreement.

11.2 Dispute Resolution

In the event of any dispute, the parties agree to first attempt resolution through good-faith negotiation. If the dispute is not resolved within 30 (thirty) days of written notice, either party may refer the matter to arbitration under the Arbitration and Conciliation Act, 1996, with a single arbitrator mutually appointed by the parties. The seat and venue of arbitration shall be Pune, Maharashtra, and proceedings shall be conducted in English.

12. Amendments

We reserve the right to amend these Terms at any time. The revised Terms will be posted on our website with an updated effective date. Continued use of our website or Services after such amendments constitutes your acceptance of the revised Terms. For ongoing client engagements, amendments shall not affect the terms of existing Agreements unless mutually agreed in writing.

13. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable. All other provisions shall remain in full force and effect.

14. Entire Agreement

These Terms, together with any applicable SOW or Agreement, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior negotiations, representations, warranties, and understandings of the parties.

15. Contact Us

For any queries regarding these Terms of Service, please contact us at:

Pavlin Tech Pune, Maharashtra, India Email: legal@pavlin.tech Website: https://pavlin.tech