Last Updated: January 2025
1. Introduction and Acceptance
These Terms & Condition (“Terms”) govern your access to and use of the website codebitesolutions.com (the “Website”), and your engagement of services from Code Bite Solutions, having its registered office at Office 424, Pride Sapphire, Pandit Dindayal Upadhyay Road, opp. Golden Super Market, Sirvar Park, Kotecha Nagar, Rajkot, Gujarat 360001, India, and registered under Udyam Registration Number UDYAM-GJ-20-0215341 (“Code Bite Solutions,” “we,” “us,” or “our”). We provide website design and development, search engine optimisation, digital marketing, e-commerce solutions, and web hosting and maintenance services, together with any other services we may offer from time to time (collectively, the “Services”).
By accessing or using the Website, submitting an enquiry, requesting a quote, or engaging us for any Service, you (“Client,” “you,” or “your”) agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website or engage our Services. These Terms should be read together with our Privacy Policy, Cookie Policy, Disclaimer, Acceptable Use Policy, and End User License Agreement, each of which is incorporated herein by reference.
We provide Services to clients located in India and internationally. Regardless of the country from which you access the Website or from which you engage us, these Terms, and our relationship with you, are governed exclusively by the laws of India, as set out in Section 16 below.
2. Engagement of Services
2.1 How Engagements Are Formed
Code Bite Solutions does not operate on the basis of long-form signed contracts for every engagement. Instead, the scope, deliverables, timeline, and price of a Service are typically confirmed through a combination of written communication (email, messaging, or written proposal) and a formal invoice or order confirmation issued by us. An engagement is deemed accepted, and these Terms become binding in respect of that engagement, upon the earlier of: (a) your written confirmation (including by email or messaging reply) accepting a quote or proposal; (b) your payment of any invoiced amount, in full or in part; or (c) our commencement of work at your request.
Where a specific written proposal, invoice, or order confirmation sets out particular scope, deliverables, or terms for an engagement that differ from these general Terms, the specific terms of that invoice or proposal shall prevail for that engagement to the extent of any direct conflict, with these Terms applying to all matters not otherwise addressed.
2.2 Scope of Work
The scope of Services for each engagement will be as described in the applicable proposal, quote, or invoice. Any work, feature, revision, or deliverable not expressly included within the agreed scope shall be treated as additional work, chargeable separately, unless otherwise agreed in writing. We reserve the right to decline any request that falls outside the agreed scope until additional terms and, where applicable, additional payment are agreed.
2.3 Client Cooperation
You agree to provide, in a timely manner, all content, materials, access credentials, approvals, and information reasonably necessary for us to perform the Services. Delays caused by your failure to provide such cooperation may result in corresponding delays to project timelines, for which we shall bear no responsibility.
3. Fees and Payment
3.1 Payment Methods
All fees for Services are payable exclusively via bank transfer or UPI transfer to the account details provided in the applicable invoice. We do not accept, process, or store card payment details, and no online payment gateway is operated through the Website for Service fees.
3.2 Invoicing and Payment Terms
Fees will be invoiced in accordance with the payment schedule set out in the applicable proposal, quote, or invoice, which may include upfront deposits, milestone-based payments, or payment on completion, at our discretion. Unless otherwise stated on the invoice, payment is due within the period specified on that invoice. Time is of the essence in respect of payment obligations.
3.3 Non-Refundable Payments
All payments made to Code Bite Solutions are strictly non-refundable under any circumstances, including but not limited to: change of mind, delay in project timeline, dissatisfaction with creative or design direction that falls within the agreed scope, discontinuation of the project by you, or any other reason, save only where a refund is required by applicable Indian consumer protection law that cannot be excluded by agreement. By making any payment to us, you expressly acknowledge and agree to this no-refund policy.
3.4 Late Payment and Suspension
If any invoiced amount remains unpaid beyond its due date, we reserve the right, without prejudice to any other rights or remedies available to us, to: (a) suspend work on the relevant engagement until payment is received in full; (b) suspend or withhold access to any hosting, maintenance, or support services associated with the engagement; (c) withhold delivery of any completed work product, source files, or credentials until payment is received in full; and (d) charge interest on overdue amounts at a rate of 18% per annum, or the maximum rate permitted under applicable law, whichever is lower, calculated from the due date until the date of actual payment.
3.5 Taxes
All fees quoted are exclusive of applicable taxes unless expressly stated otherwise. You are responsible for payment of any applicable Goods and Services Tax (GST) or other statutory levies in addition to the quoted fee, where applicable.
3.6 Third-Party Costs
Fees for third-party services, tools, plugins, licences, domain registration, or hosting (other than any hosting or maintenance retainer we may separately offer) are not included in our Service fees unless expressly stated, and remain your responsibility to procure and maintain, unless we have expressly agreed in writing to manage such costs on your behalf.
4. Project Delivery, Timelines, and Revisions
4.1 Timelines
Any timeline or delivery date communicated to you is an estimate only and is not a guaranteed delivery date unless expressly stated as such in writing in the applicable proposal or invoice. Timelines are dependent on the timely cooperation described in Section 2.3, and any delay caused by you shall extend the relevant timeline accordingly, without liability to us.
4.2 Revisions
The number of revision rounds included within an engagement, if any, will be as set out in the applicable proposal or invoice. Requests for revisions beyond the agreed number, or requests that materially change the agreed scope, direction, or requirements of the project after work has commenced, shall be treated as additional work under Section 2.2 and may be chargeable separately.
4.3 Approvals
Where we seek your approval or sign-off at any stage of a project (e.g., design mock-ups, content, or a staging website), your approval shall be deemed final for that stage. Requests to revisit an approved stage after subsequent work has commenced on that basis may be treated as additional work under Section 2.2.
5. Intellectual Property
5.1 Pre-Existing Materials
Code Bite Solutions retains all right, title, and interest in and to any pre-existing intellectual property, including proprietary code libraries, frameworks, methodologies, templates, tools, and know-how used in delivering the Services (“Pre-Existing Materials”), whether or not such Pre-Existing Materials are incorporated into a deliverable provided to you.
5.2 Client Deliverables
Subject to your payment in full of all fees due for the relevant engagement, and save for any Pre-Existing Materials and any third-party components described in Section 5.4, ownership of the final custom deliverable specifically created for you under that engagement (such as a bespoke website design, custom-written content, or custom code developed specifically for your project) shall transfer to you upon full payment. Until full payment is received, all work product remains the exclusive property of Code Bite Solutions, and no licence or ownership rights are granted to you.
Where any Pre-Existing Materials are incorporated into your deliverable, we grant you, upon full payment, a non-exclusive, perpetual, royalty-free licence to use such Pre-Existing Materials solely as incorporated into your specific deliverable, for your own business purposes, subject to our End User License Agreement.
5.3 Portfolio Rights
Unless you notify us in writing that you object, you grant us the right to display the work product created for you (including screenshots, descriptions, and links) in our portfolio, case studies, marketing materials, and on the Website, for the purpose of showcasing our work. This right survives completion or termination of the engagement.
5.4 Third-Party and Client-Supplied Materials
Any third-party software, plugins, stock assets, fonts, or licensed materials used in your project remain subject to the terms of their respective licences, and it is your responsibility to maintain any ongoing licence fees required to continue using such materials after project completion, unless we have expressly agreed in writing to manage this on your behalf. Any content, branding, trademarks, or materials you supply to us for use in your project remain your property, and you represent and warrant that you hold all necessary rights to provide such materials to us and to authorise their use in the project.
6. Hosting and Maintenance Services
Where you engage us for hosting, maintenance, or support services on an ongoing basis, such services are provided on a subscription or retainer basis as described in the applicable invoice, and continue until terminated by either party in accordance with the notice period stated in that invoice, or, if no notice period is stated, upon thirty (30) days’ written notice by either party. Fees for such ongoing services are payable in advance for each billing period and are non-refundable in accordance with Section 3.3, including in respect of any unused portion of a billing period following termination.
Upon termination of hosting or maintenance services, we will provide reasonable cooperation to migrate your website to an alternative hosting provider, provided all outstanding fees have been paid in full; we may charge a reasonable fee for time spent on such migration assistance beyond what is included in your existing engagement.
7. Client Warranties
You represent and warrant that: (a) you have the full right, power, and authority to enter into engagements with us; (b) any content, materials, or instructions you provide to us do not infringe the intellectual property, privacy, or other rights of any third party, and do not violate any applicable law; (c) your business, products, and services comply with all applicable laws and regulations; and (d) you will use any deliverable provided by us in compliance with our Acceptable Use Policy and all applicable law.
8. Disclaimer of Warranties
Save as expressly set out in a specific written proposal or invoice for an engagement, the Services and any deliverables are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee any specific search engine ranking, traffic volume, conversion rate, sales outcome, or other business result arising from our Services, as further described in our Disclaimer.
9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Code Bite Solutions, its owner, employees, or contractors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, business opportunity, goodwill, or data, arising out of or in connection with these Terms or the Services, whether based in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages.
Our total aggregate liability arising out of or in connection with any engagement, however arising, shall not exceed the total fees actually paid by you to us for the specific engagement giving rise to the claim in the six (6) months preceding the event giving rise to liability. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under applicable Indian law, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.
10. Indemnification
You agree to indemnify, defend, and hold harmless Code Bite Solutions, its owner, employees, and contractors from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms; (b) any content, materials, or instructions you provided to us; (c) your use of any deliverable in violation of applicable law or our Acceptable Use Policy; or (d) your violation of any third-party rights, in each case to the extent permitted under applicable law.
11. Termination
11.1 Termination by You
You may terminate an ongoing engagement by providing written notice to us. Any fees already paid remain non-refundable in accordance with Section 3.3, and any outstanding fees for work already performed up to the date of termination remain immediately due and payable.
11.2 Termination by Us
We may suspend or terminate any engagement, with or without notice, if: (a) you fail to make payment when due; (b) you breach these Terms, our Acceptable Use Policy, or any applicable law; (c) you request that we perform work that we reasonably believe to be unlawful, unethical, or in violation of third-party rights; or (d) continuing the engagement becomes commercially unviable or impractical for reasons outside our reasonable control.
11.3 Effect of Termination
Upon termination of an engagement for any reason, you remain liable for payment of all fees for work performed up to the date of termination, and Sections 3, 5, 7, 9, 10, 13, and 16 shall survive termination.
12. Confidentiality
Each party agrees to keep confidential any non-public business, technical, or financial information disclosed by the other party in connection with an engagement, and to use such information solely for the purpose of performing or receiving the Services, except where disclosure is required by law or by a competent governmental or judicial authority.
13. Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms arising from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, internet or telecommunications failures, power outages, or failures of third-party platforms or service providers (including hosting providers, domain registrars, or third-party software or analytics providers).
14. Independent Contractor Relationship
Code Bite Solutions provides Services as an independent contractor. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Code Bite Solutions.
15. Assignment
You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms, in whole or in part, in connection with a merger, acquisition, reorganisation, or sale of assets, without requiring your consent, provided that such assignment does not materially diminish your rights under an active engagement.
16. Governing Law and Dispute Resolution
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. The parties shall first attempt to resolve any dispute through good-faith negotiation. If a dispute cannot be resolved through negotiation within thirty (30) days, it shall be subject to the exclusive jurisdiction of the competent courts located in Rajkot, Gujarat, India, and you irrevocably submit to the jurisdiction of such courts, regardless of the country from which you accessed the Website or engaged our Services.
17. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or authority of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.
18. Entire Agreement
These Terms, together with our Privacy Policy, Cookie Policy, Disclaimer, Acceptable Use Policy, End User License Agreement, and any applicable proposal, quote, or invoice for a specific engagement, constitute the entire agreement between you and Code Bite Solutions with respect to the Website and Services, and supersede all prior or contemporaneous understandings, whether written or oral, regarding such subject matter.
19. Changes to These Terms
We may revise these Terms from time to time to reflect changes in our practices, Services, or applicable legal requirements. The revised Terms will apply from the date of publication on the Website, as indicated by the “Last Updated” date above, save that any engagement already confirmed under Section 2.1 prior to a revision shall continue to be governed by the Terms in force at the time of that confirmation, unless we notify you otherwise in writing.
20. Contact Us
If you have any questions about these Terms, please contact us at:
Code Bite Solutions
Office 424, Pride Sapphire, Pandit Dindayal Upadhyay Road, opp. Golden Super Market, Sirvar Park, Kotecha Nagar, Rajkot, Gujarat 360001, India
Email: hello@codebitesolutions.com
Phone: +91 816 004 5235
