Legal
Please read these terms carefully before engaging our services.
These Terms & Conditions govern the provision of all website development, maintenance, performance optimization, and digital infrastructure services offered by VirtuNode ("Consultant") to the client ("Client"). By confirming an engagement in writing — via email, messaging platform, or any digital channel — the Client agrees to be bound by these terms. No physical signature is required for this Agreement to be legally enforceable.
Services provided are limited to those explicitly defined in the agreed retainer plan, Statement of Work (SOW), or Order Form. Work outside this scope — including major redesigns, new builds, or third-party hardware procurement — will be categorised as extra work and subject to a separate fixed-project quote or the prevailing hourly rate.
The Consultant shall perform all services in a professional and workmanlike manner consistent with prevailing industry standards. Project timelines are contingent upon the Client's timely provision of required materials, credentials, and approvals.
Retainer services are billed on a strict 30-day billing cycle, invoiced in advance of each service period. All invoices are due within five (5) business days of receipt.
The Consultant retains all rights, titles, and interests in any pre-existing software, frameworks, reusable code libraries, tools, and methodologies ("Background IP") used in the delivery of services. The Client is granted a non-exclusive, non-transferable licence to use the integrated Background IP solely during the active service subscription.
Upon full and final settlement of all outstanding fees, the Client receives an exclusive, perpetual, irrevocable, and royalty-free licence to all custom deliverables specifically authored for them. The Client retains full ownership of all provided materials, branding assets, and content.
The Consultant shall not be liable for any indirect, incidental, special, or consequential losses or damages. This includes losses arising from hosting provider outages, cyber attacks, third-party service failures, or data loss caused by external systems.
The Consultant's total cumulative liability under this Agreement shall not exceed the total fees paid by the Client during the twelve (12) months immediately preceding the event giving rise to the claim. All services are provided on an "AS IS" and "AS AVAILABLE" basis, with no warranty of uninterrupted or error-free operation.
Either party may terminate this Agreement by providing a minimum of thirty (30) days' prior written notice. The Consultant may terminate immediately upon non-payment or a material breach of this Agreement.
Upon termination, all outstanding payments become immediately due and payable. The Consultant shall cease all active services. Final website files or data exports will be provided only after all outstanding invoices have been fully settled.
If the Client terminates a custom project prior to completion without cause, the Client remains liable for all billable hours incurred up to the date of cancellation, plus an early termination fee equivalent to two (2) months of the agreed service fee.
Multi-year or annual contracts are non-cancellable. In the event of early termination, the entire remaining balance of the contract becomes immediately due and payable.
The Client is solely responsible for providing timely access to all necessary technical assets, including website credentials, hosting accounts, domain management systems, content materials, branding assets, and required administrative approvals. Delays in providing such materials may result in corresponding adjustments to delivery timelines, for which the Consultant bears no liability.
While the Consultant applies industry-standard practices for security and performance, no digital system can guarantee uninterrupted operation, the complete absence of bugs, or total immunity from cyber threats. The Consultant will use commercially reasonable efforts to maintain stability and security but makes no warranties regarding third-party cloud providers or APIs.
This Agreement shall be governed by and construed in accordance with the laws of India. Any legal action or dispute arising from this Agreement shall be subject to the exclusive jurisdiction of the competent courts located in New Delhi, India.
VirtuNode reserves the right to update these Terms at any time. Clients will be notified of material changes. Continued use of services following such notification constitutes acceptance of the revised Terms.
For queries regarding these Terms, contact us at: info@virtunode.tech