Terms & Conditions

This page covers your use of calltoperson.com and the general footing on which Niks Infotech provides its services. It is not a project contract. Where a quotation, proposal, statement of work or signed agreement exists between us, that document sets the commercial terms and wins over anything here that conflicts with it.

Agreeing to this

Using this website means accepting these terms; if you would rather not, please do not use it. The page gets revised occasionally, and the version that applies is whichever one was published here on the day you used the site.

What you may and may not do here

Read it, print it, pass pages around — for your own reference or to work out whether to engage us. What we ask in return is that you do not:

• Try to get unauthorised access to the site, its hosting, its source or any system attached to it.
• Probe, scan, scrape or test it in a way that degrades it for everybody else.
• Introduce malicious code, or anything meant to disrupt or damage the site or the people reading it.
• Reproduce, republish or sell a substantial part of it, or pass our material off as yours.
• Put false information into the enquiry form, impersonate somebody, or use it to send unsolicited commercial messages.
• Use the site in any way that breaks an applicable law or regulation.

Access may be restricted or withdrawn where we judge it necessary to protect the site, its visitors or the business.

No offer, no price

What this site says about services, technologies and ways of working is information, nothing more. No page here is an offer capable of acceptance, a quotation, a price, an estimate of cost or time, or an undertaking that we can take a particular piece of work on. Neither a price nor a delivery date appears anywhere on this site, because neither can be stated sensibly before somebody has read the brief. An engagement starts when scope is agreed in writing and a quotation, proposal or contract has been accepted on both sides.

Enquiries

Send an enquiry through the form or by email. It obliges neither side to anything. We may decline an enquiry or decline to quote without giving a reason. A proposal or estimate we do prepare rests on the information available when it was written, lasts for the period the document itself states, and may be revised if the requirement turns out to differ from the description. How we handle the personal information in an enquiry is set out in our Privacy Policy.

Scope

What gets built, what it does, what is in and what is expressly out all live in the applicable proposal or statement of work. Anything that document does not describe is outside the agreed scope. A requirement that surfaces later is handled as a change, not quietly assumed to have been included.

Fees and payment

Fees are quoted per project or per engagement. The quotation, proposal or contract states the figure, what it buys, the milestones, the invoicing schedule, the currency and the applicable taxes. Taxes and statutory levies sit on top of the quoted fee unless that document says otherwise. Bank charges and foreign-exchange costs fall on whoever is paying. If an invoice goes unpaid beyond the agreed period, work may be paused and further delivery withheld until the account is settled.

Nothing is paid through this website. There is no cart, no checkout and no payment gateway, and you will never be asked for card details by email or through the enquiry form.

What we need from you

A project runs on both sides doing their part. Engaging us means agreeing to:

• Give accurate requirements, and say promptly when they change.
• Supply content, brand assets, data and whatever else is needed, and confirm you hold the rights to use it.
• Provide access — repositories, hosting, developer accounts, domains, test devices — in your own name wherever the platform requires it.
• Keep credentials secure, and withdraw access once the work no longer needs it.
• Name somebody who can answer questions and decide things on your behalf.
• Review what is delivered and come back with consolidated feedback and approvals, so nothing stalls waiting on a decision.
• Meet whatever obligations your own regulator, platform or industry places on the software you publish.

Where information, access or an approval has not reached us and that causes a delay, the schedule and any cost consequence are adjusted under the applicable agreement.

Changes

Requirements move. That is normal rather than a problem. Anything that adds to, removes from or materially alters the agreed scope counts as a change; its effect on effort, cost and schedule is written down, and it takes effect once you confirm it. Until then work continues on the scope already agreed.

Delivery and acceptance

Dates in a proposal are good-faith estimates built on the scope known at the time and on the assumption that what you owe us arrives when planned. They are not guarantees, and no timeline is published on this website. Deliverables go over for review as the applicable agreement describes, and that document defines the review period, the acceptance criteria and what happens when a defect is reported.

Who owns what

The website itself

The words, layout, design, graphics, illustrations and code on this site belong to Niks Infotech or are used under licence, and copyright and related law protects them. Read it, print it, share it — all welcome. Republishing a substantial part of it, or passing our material off as yours, is not.

What we deliver to you

Rights in whatever was built specifically for you transfer or are licensed on the terms in the applicable agreement, normally once the fees for that work are paid in full; until then the deliverables stay ours. We may describe the kind of work in general terms, but your name, your materials and anything confidential stay unpublished without your written permission.

Things we brought with us

Our own pre-existing material stays ours: tools, frameworks, libraries, code patterns, templates, scripts and general know-how, along with anything of that kind we build or improve while working for you. Where such material ends up inside a deliverable, you get whatever licence you need to use, run and modify that deliverable for the purpose it was built for. Nothing in an engagement stops us applying our general skills, experience and techniques elsewhere.

Components from elsewhere

Almost all software carries third-party parts: open-source and commercial libraries, SDKs, fonts, plugins, cloud services, APIs. Each comes under its own supplier’s licence, and that licence binds you as the user of the finished software. Where a component carries a recurring fee, a subscription or a per-seat licence, that cost is yours unless the agreement says otherwise, and the account is normally opened in your name.

Confidentiality

Working together means each side learns confidential things about the other — business plans, data, source code, pricing, technical material. Neither will disclose the other’s confidential information to anyone who does not need it to do the work, nor use it for anything outside the engagement. That does not cover information already public without a breach, already known, independently developed, or required to be disclosed by law or a competent authority. The obligation outlives the engagement.

Platforms we do not control

Projects lean on services nobody here controls: app stores, cloud platforms, payment gateways, mapping and notification services, analytics providers. Each runs under its own provider’s terms, which you accept directly. Decisions those providers take are not ours to answer for — a review outcome, an account suspension, a policy or pricing change, a feature being retired, an outage. Where a platform moves its requirements after delivery, bringing the software back into line is new work.

After delivery

Maintenance, support, hosting and monitoring are separate from building, and happen only where an agreement says they do. That document defines what is covered, how a request gets raised and how it is prioritised. With no such arrangement, there is no continuing obligation on us to monitor, update or maintain what was delivered — though you are welcome to ask for a quote for further work.

What we do and do not warrant

We warrant that the work will be done with reasonable skill and care by people competent to do it, and that deliverables will conform in all material respects to the specification agreed in writing. We do not warrant that software will run uninterrupted or error-free, that every defect can be fixed, that it will work with every device, browser or operating system — present or future — or that it will produce any particular commercial result. So far as the law allows, all other warranties, conditions and terms implied by statute or otherwise are excluded.

Liability

Nothing here excludes or limits liability that the law does not permit to be excluded or limited, fraud and fraudulent misrepresentation included. Subject to that:

• Indirect and consequential loss is not ours to bear, nor is loss of profit, revenue, business, goodwill or anticipated savings, nor loss or corruption of data, however it comes about.
• Total liability in connection with an engagement is capped at whatever the applicable agreement states or, if it says nothing, at the fees actually paid to us for the specific work the claim arose from.
• This website is provided as it is. Use of it, and reliance on anything published here, is at your own risk, as our Disclaimer explains.

Indemnity

You agree to indemnify us against claims, losses, liabilities and reasonable costs that arise from content, data, materials or instructions you gave us, from a deliverable being used in a way nobody agreed to, from your breach of these terms, or from your breach of a third-party licence or platform policy.

Stopping

Either side can end an engagement in the manner the applicable agreement describes. Work may be suspended where an invoice is overdue, where the access or information we need is not forthcoming, or where carrying on would put us in breach of a law or a platform policy. Once it ends, work already done and costs properly incurred up to that point remain payable, each side returns or deletes the other’s confidential material on request except where a copy must be kept for legal reasons, and the clauses here meant to survive do so. Cancellation and refunds are dealt with in our Refund & Cancellation Policy.

Events outside anyone’s control

Neither side answers for a delay or failure caused by something beyond its reasonable control — natural events, fire, flood, epidemic, war, civil disturbance, strike, a failure of power, telecoms or internet infrastructure, a cyber attack, an act of government. Whoever is affected tells the other as soon as they reasonably can, and picks up again as soon as they are able.

Law and jurisdiction

Indian law governs these terms and any engagement under them. Disputes go to the courts at Vadodara, Gujarat, which have exclusive jurisdiction, save that either side may seek urgent relief elsewhere to protect intellectual property or confidential information. Before anyone starts proceedings, both sides agree to put the matter in writing and try in good faith to settle it between themselves.

General

• Precedence. Where a signed agreement, contract, statement of work, proposal or quotation deals with a matter covered on this page, that document prevails to the extent of the conflict. Fees, milestones, payment schedule, timelines, scope and deliverables are defined there and nowhere else.
• Entire agreement. The applicable agreement together with these terms is the whole of what has been agreed about its subject matter, and replaces earlier discussion and correspondence about it.
• Severability. If a provision is found to be invalid or unenforceable, it is treated as removed and the rest continues in force.
• No waiver. A delay in enforcing a right is not a waiver of it.
• Assignment. Neither side may transfer its rights or obligations under an engagement without the written consent of the other, which will not be unreasonably withheld.
• Independent contractor. We work as an independent contractor. Nothing in these terms creates a partnership, a joint venture or an employment relationship.
• Notices. Written notice may be given by email to contact@calltoperson.com, or to the address recorded for you in the applicable agreement.

Revisions

This page is updated when the services, the website or the law make it necessary, and the date at the top marks the current version. Changing it does not alter an engagement already agreed with you — that stays governed by the document signed at the time.