Agreement to these terms
These terms govern your use of brixoll.in and, where no separate signed agreement exists, the services Brixoll provides to you. By using this website or engaging us, you accept these terms. If you do not accept them, please do not use the site or our services.
Where you have signed a services agreement, master services agreement, statement of work or purchase order with us, that document prevails over these terms to the extent of any conflict.
Our services
Brixoll provides software design, development, integration, cloud, maintenance and related consulting services. The exact scope, deliverables, milestones, acceptance criteria, team and fees for any engagement are set out in a written proposal or statement of work agreed by both parties.
Unless expressly stated in that document, we do not commit to any particular outcome, revenue, ranking, performance figure or business result. Estimates of time and effort are made in good faith on the information available and are not fixed commitments unless the document says so.
What we need from you
Timely delivery depends on both sides. You agree to:
- Give accurate, complete information and prompt access to the systems, accounts, environments and people we need.
- Nominate one person who can approve decisions, review deliverables and sign off milestones.
- Review deliverables and give consolidated feedback within the review window stated in the statement of work. If we hear nothing in that window, the deliverable is treated as accepted.
- Hold valid licences for any third-party software, content, fonts, data or APIs you ask us to use, and pay their fees.
- Confirm that any data you give us was collected lawfully and may be processed for the purpose of the engagement.
Where a delay on your side pushes the schedule, timelines and fees may be adjusted, and we will tell you before that happens.
Changes to scope
Requests that fall outside the agreed scope are handled as change requests. We will assess the impact on effort, cost and schedule and give you a written estimate. Work on a change begins only after you approve it in writing. Small clarifications that do not materially change effort are absorbed without a change request.
Fees, invoicing and taxes
- Fees, currency, milestones and the billing cycle are stated in the statement of work. Fixed-scope work is billed against milestones; monthly engagements are billed in advance unless agreed otherwise.
- Invoices are payable within [15] days of the invoice date unless a different term is agreed in writing.
- All fees are exclusive of GST and any other applicable taxes, duties or levies, which are charged additionally at the prevailing rate.
- Bank charges, payment gateway fees and currency conversion costs on international payments are borne by the payer.
- Overdue amounts may attract interest at [1.5%] per month, and we may suspend work and access to deliverables after giving written notice.
- Third-party costs such as hosting, licences, app store fees, domains and paid APIs are charged at cost unless included in the statement of work.
Cancellations and refunds are covered by our refund and cancellation policy.
Intellectual property
What you own
On receipt of all amounts due for an engagement, we assign to you the intellectual property rights in the custom deliverables created specifically for you under that engagement, including bespoke source code, designs and documentation.
What we keep
We retain ownership of our pre-existing materials, internal tools, libraries, frameworks, templates, know-how and general skills and experience. Where these are embedded in a deliverable, we grant you a perpetual, worldwide, non-exclusive, royalty-free licence to use, modify and maintain them as part of that deliverable.
Third-party components
Deliverables may include open-source or licensed third-party components. These remain owned by their respective licensors and are supplied to you under their own licence terms, which we will identify on request.
Credit
Unless you tell us otherwise in writing, we may name you as a client and describe the work at a general level in our portfolio. We will not disclose confidential details, metrics or source code.
Confidentiality
Each party may receive non-public information from the other. Both parties agree to keep that information confidential, use it only for the purpose of the engagement, disclose it only to people who need it and are bound by similar obligations, and protect it with at least reasonable care. These obligations continue for [3] years after the engagement ends, and indefinitely for source code, trade secrets and personal data.
The obligations do not apply to information that is or becomes public without breach, was already known without restriction, is independently developed, or must be disclosed by law — in which case the disclosing party is notified where lawful.
Warranties and defect fixes
We warrant that our services will be performed with reasonable skill and care by suitably qualified people, and that deliverables will materially conform to the agreed specification.
We correct reproducible defects reported within [30] days of delivery or acceptance at no extra charge. This warranty does not cover issues caused by changes made by you or a third party, use outside the documented purpose, faults in third-party services, infrastructure outages, or your failure to apply updates we supply.
Except as stated here, and to the extent the law allows, our services and deliverables are provided without any other warranty, express or implied, including implied warranties of merchantability, fitness for a particular purpose, or uninterrupted or error-free operation.
Limitation of liability
Nothing in these terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded by law.
Subject to that, neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill, anticipated savings, business opportunity or data, however arising.
Each party's total aggregate liability arising out of or in connection with an engagement is limited to the fees paid by you to Brixoll under that engagement in the [12] months before the event giving rise to the claim.
Suspension and termination
- Either party may end an ongoing engagement by giving [30] days' written notice.
- Either party may end an engagement immediately if the other commits a material breach that is not fixed within 15 days of written notice, or becomes insolvent.
- We may suspend services if invoices remain unpaid beyond the agreed terms, after written notice.
- On termination you pay for all work performed and costs committed up to the effective date. We hand over completed deliverables, credentials and documentation for work that has been paid for.
- Clauses on intellectual property, confidentiality, payment of amounts due, liability and governing law survive termination.
Use of this website
The content on brixoll.in is provided for general information. We try to keep it accurate but make no guarantee that it is complete or current, and it is not professional advice you should act on without confirmation.
You may not use this site to attempt unauthorised access, probe or scan our systems, introduce malicious code, scrape content at a rate that burdens our servers, or copy our text, design or code for commercial reuse without permission. Links to other websites are provided for convenience; we are not responsible for their content or practices.
Events outside our control
Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including natural disasters, epidemics, war, civil unrest, strikes, government action, failures of power, internet or telecommunications infrastructure, or outages at major cloud providers. The affected party will notify the other promptly and both will work to limit the impact. If the event continues for more than 60 days, either party may terminate the affected engagement.
Governing law and disputes
These terms are governed by the laws of India. The parties will first attempt to resolve any dispute through good-faith discussion between senior representatives within 30 days. Failing that, the dispute will be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated at Bangalore, conducted in English. Subject to the above, the courts at Bangalore, India have exclusive jurisdiction.
Contact
Questions about these terms can be sent to info@brixoll.in.
We may revise these terms from time to time. The version published on this page on the date you engage us is the version that applies to that engagement.