Choice of Law

All matters or disputes arising under this agreement will be governed by Indian Law and adjudicated in Hajipur, Vaishali, Bihar, India.

Description and Validity

These terms of service apply to all agreements made between Bihar Innovation (BI) and its customers (the Customer). They cover all services and products provided by BI. If the Customer has specific terms that should apply, they must be submitted to and signed by BI before the offer is accepted. In case of any conflict between the Customer’s terms and BI’s terms, BI’s terms shall take precedence.

BI reserves the right to amend these terms of service. Any amendments will be posted on BI's website, and the Customer will be notified within 2 months of the posting.

BI sells exclusively to businesses. By agreeing to these Terms of Service, you confirm that you are acting as a business entity.

Payment, Prices, and Offers

All services outside the agreed project description will be invoiced based on BI's current hourly rate. If the Customer requests BI to resolve an issue not caused by BI, the hours spent will be invoiced at the current hourly rate.

Payments are due over 15 days of the invoice date. Late payments will incur a 24% interest rate as per the agreement. If payments are delayed, BI reserves the right to suspend any services or projects without prior notice.

All prices are stated in INR (₹) excluding VAT unless otherwise specified. Prices are subject to annual adjustment every January based on the net price index. This includes all prices, even fixed ones.

Price changes related to the Customer's product, such as increases in hosting fees, will be borne by the Customer.

The Customer must assist BI in delivering the product or service, covering all associated costs, such as employee expenses, materials, or meeting facilities.

An invoice fee of 150 INR will be added to all invoices.

If a project requires more work than anticipated, BI has the right to cancel the project if there is a reasonable cause.

Products and Services

BI will deliver all services and products as agreed in the offer contract. Any changes to the contract must be made in writing. It is the Customer's responsibility to ensure that the specifications in the offer contract meet their requirements and to provide all relevant project information to BI.

Customer and BI Responsibilities

The Customer must not place any illegal material on BI servers. If illegal material is found, BI will suspend the services without prior notice. The Customer will be notified and must take action to address the issue.

BI will ensure that all products or services delivered have the agreed uptime as specified in the hosting terms.

The Customer must provide the following information when starting a project with BI:

• Company Name
• Company CVR (VAT) Number
• Company Invoice Email
• Company Contact Person
• Company Phone Number
• Company Address

If any of this information changes, the Customer must inform BI immediately.

Projects

BI will deliver projects within the agreed timeframe or a reasonable extension thereof. If delays occur, BI will notify the Customer and provide a new estimated delivery date.

The Customer must designate a contact person responsible for communication and providing necessary information to BI.

BI may use sub-suppliers to deliver projects if needed.

If additional services or products are required to complete the project, BI will notify the Customer and seek approval before proceeding. Extra work will be invoiced to the Customer.

After project completion, the Customer must report any defects or errors within 25 days. Errors or bugs reported within this period will be fixed free of charge. After 25 days, fixes will not be free unless the Customer can prove that the errors are within the project's scope and caused by BI. Reported bugs and errors will be fixed within a reasonable timeframe. If the issue is not caused by BI, the Customer will be invoiced for the time spent based on the current hourly rate.

The Customer is responsible for proving that any issues are caused by BI and for testing the project before and after it goes into production.

Security

The Customer must keep any usernames or passwords provided by BI confidential. Any information about BI's infrastructure or organization must also be kept confidential.

Project Breach and Postponement

BI can terminate agreements if a breach occurs, such as:

• Customer bankruptcy
• Failure to communicate with BI
• Engagement in illegal activities
• Late payments

If a breach occurs, the Customer has no right to a refund.

If the Customer postpones the project, BI has the right to invoice for the time spent based on the current hourly rate.

Liability

BI's liability is limited to the invoiced/agreed project cost. BI is not liable for:

• Financial loss
• Loss of operations
• Loss of savings
• Loss of profits
• Loss of goodwill
• Loss of materials (images, data, software, etc.)
• Indirect losses

BI's maximum liability is 35,000 INR in one calendar year. BI is not liable for services delivered by sub-suppliers used by BI or the Customer.

Rights

All project rights, products, and services belong to BI unless otherwise agreed. Source code will not be handed out unless agreed in writing.

References and Data

BI can use any Customer as a reference in marketing or branding unless otherwise specified. BI will not disclose confidential information about the Customer.

BI will not share names or information about individuals provided by the Customer with the public or third parties. If a sub-supplier requests such information, the Customer will be notified.

Force Majeure

BI is not liable for Force Majeure events, meaning situations out of BI's control or unforeseeable when signing contracts. In such cases, BI has the right to cancel contracts or agreements.