Terms & Condition

Welcome to One9ty ("we," "our," or "us"). By accessing or using our website (www.one9ty.com) and our services, you agree to be bound by these Terms & Conditions. If you disagree with any part of these terms, you may not access our website or use our services.

1. Acceptance of Terms

By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions, our Privacy Policy, and any additional terms that may apply to specific services. These terms apply to all visitors, users, and others who access or use our services.

2. Services Provided

One9ty provides software development, web development, digital marketing, IT consulting, and related technology services. We reserve the right to modify, suspend, or discontinue any service at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our services.

• Custom Software Development - Tailored solutions using modern frameworks like Next.js and Node.js
• Web Development - High-performance websites and web applications
• E-commerce Solutions - Robust Shopify ecosystems with API connectivity
• IT Consulting & Support - Technical advisory and maintenance services
• AI Integration - Custom AI agents and automation tools using OpenAI APIs

3. Client Responsibilities

As a client of One9ty, you agree to:

• Provide accurate, complete, and current information required for project execution
• Cooperate with our team and provide timely feedback and approvals
• Secure all necessary rights, licenses, and permissions for content you provide
• Comply with all applicable laws and regulations regarding your use of our services
• Maintain the confidentiality of any login credentials provided to you
• Pay all fees and charges associated with your selected service package on time

4. Project Timeline and Delivery

One9ty prides itself on punctuality and commitment. We strive to deliver all projects within the agreed timeframe. However, delivery dates are estimates and may be affected by:

• Changes in project scope requested by the client
• Delays in client feedback or approval
• Unforeseen technical challenges or third-party dependencies
• Force majeure events beyond our reasonable control

We will communicate any significant delays promptly and work with you to adjust timelines as needed.

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content on our website, including text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of One9ty or our content suppliers and is protected by copyright laws. Our trademarks and trade dress may not be used without our prior written consent.

5.2 Project Deliverables

Upon full payment for a project, ownership of the custom-developed code and deliverables (excluding third-party licenses and open-source components) transfers to the client. One9ty retains the right to:

• Use the project for portfolio and marketing purposes
• Include the project in case studies and testimonials
• Reuse non-proprietary code components in future projects

5.3 Third-Party Components

Any third-party software, plugins, libraries, or assets used in your project remain the property of their respective owners and are subject to their own license terms.

6. Payment Terms

• Pricing: All fees are as quoted in your service agreement or package selection
• Payment Schedule: Typically requires an advance deposit (e.g., 50%) with the balance due upon project completion or as specified in your agreement
• Late Payments: Accounts past due may incur interest charges and suspension of services
• Refunds: Due to the nature of digital services, all sales are final unless otherwise specified in a written agreement
• Taxes: You are responsible for any applicable taxes associated with your purchase

7. Limitation of Liability

To the maximum extent permitted by law, One9ty shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use our services
• Any conduct or content of any third party on our services
• Unauthorized access, use, or alteration of your transmissions or content
• Any bugs, viruses, or other harmful code that may be transmitted through our services

Our total liability for any claim arising out of or relating to these terms or our services shall not exceed the amount paid by you to One9ty in the twelve months preceding the claim.

8. Warranties and Disclaimers

Our services are provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that:

• Our services will meet your specific requirements
• Our services will be uninterrupted, timely, secure, or error-free
• The results obtained from using our services will be accurate or reliable
• Any errors in the services will be corrected

We do not warrant or represent that our code is completely free from vulnerabilities or that our security measures will prevent all unauthorized access.

9. Indemnification

You agree to indemnify, defend, and hold harmless One9ty, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of our services
• Your violation of these Terms & Conditions
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit or transmit through our services

10. Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms & Conditions. Upon termination, your right to use our services will cease immediately. Provisions that by their nature should survive termination shall survive, including intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability.

11. Governing Law

These Terms & Conditions shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any legal action or proceeding arising under these terms shall be brought exclusively in the courts located in Cuttack, Odisha, and you consent to the personal jurisdiction of such courts.

12. Changes to Terms

We reserve the right to modify or replace these Terms & Conditions at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms.

13. Severability

If any provision of these Terms & Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

14. Entire Agreement

These Terms & Conditions, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and One9ty regarding our services and supersede all prior agreements and understandings, whether written or oral.

15. Contact Information

By using One9ty's website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.