Agreement Overview
This Terms of Service Agreement, hereinafter referred to as the "Agreement", constitutes a legally
binding
and enforceable contract between Let's Manage India Private Limited, a company duly
incorporated under the provisions of the Companies Act, 2013, having its registered office situated at
Door No 123, Tirumala Heights, Siddharth Nagar, Bavdhan, Pune 411021, Maharashtra, India, and operating
under the trade name and brand identity "Lets Manage" (hereinafter collectively referred to as the
"Company"),
and any natural person, juridical entity, partnership, firm, corporation, association, or other legal
person
who engages, subscribes to, contracts for, or otherwise avails any service rendered by the Company
(hereinafter referred to as the "Client").
This Agreement shall extend to and govern all services, products, platforms, portals, applications,
systems,
deliverables, and digital assets offered, hosted, maintained, developed, or otherwise administered by
the
Company through its domains including but not limited to letsmanageglobal.com, letsmanageindia.com,
letsmanage.co.in, letsmanage.in, letsmanageworld.com, skywingsentertainment.in,
skywingsentertainment.com,
and all associated subdomains, dashboards, application layers, microsites, landing pages, CRM systems,
HRM systems, ERP systems, hosting infrastructure, and related technological environments. For
information
on how we handle your data, please refer to our Privacy Policy.
By remitting payment, confirming an invoice, executing a proposal, granting written or electronic
acceptance, or otherwise engaging the services of the Company in any capacity, the Client
irrevocably
and unconditionally agrees to be bound by the terms, covenants, warranties, limitations,
disclaimers,
and conditions set forth herein.
1. Scope of Services
The scope of services contemplated under this Agreement includes but is not limited to website
development,
mobile application development, enterprise software development including CRM, HRM and ERP systems,
digital
marketing services, search engine optimization services, social media management services, graphic
designing
services, branding services, hosting services, domain management services, maintenance and subscription
services, Build and Rent deployment models, and ancillary technological consulting.
The precise contours of deliverables, milestones, specifications, and service parameters shall be
governed
strictly and exclusively by the written proposal, quotation, invoice, service order, or email
confirmation
issued by the Company, and no extraneous representation, marketing communication, verbal assurance, or
implied understanding shall be construed as binding unless expressly reduced to writing and acknowledged
by authorized signatory of the Company.
2. Payment Terms
The financial consideration payable by the Client shall be subject to the payment architecture
prescribed
by the Company.
Advance Payment Services
For services comprising social media management, graphic designing, digital marketing, and search engine
optimization, the Company mandates full and complete advance payment prior to commencement of any form
of work, including but not limited to research, conceptualization, account setup, technical
configuration,
content planning, creative development, or backend preparation.
Development Services Payment
In respect of website development, mobile application development, CRM, HRM, ERP, or analogous custom
development services, the Client shall remit fifty percent of the total agreed consideration as advance
prior to initiation of the project and the remaining fifty percent shall be payable prior to deployment,
go live, source code handover, or activation of the system following final approval.
The Company shall not be obligated to provide deployment access, server credentials, administrative
rights, source code, database export, or any operational activation until the entirety of the
contractual consideration stands fully discharged without encumbrance.
Subscription Services
Subscription based services including but not limited to hosting, domain management, CRM maintenance,
HRM maintenance, ERP maintenance, and website maintenance shall be billed on a yearly basis unless
otherwise specified in writing. Digital marketing, SEO, graphic design retainer, and social media
management engagements may be monthly, quarterly, half yearly, or annual in nature depending upon
the invoice issued.
Cancellation of subscription services shall not, under any circumstance, give rise to a claim for refund
unless the invoice specifically identifies such service as "Refund Guaranteed" and delineates the
precise
conditions under which such refund may be invoked.
3. Refund Policy
The Company unequivocally declares that all payments made are non-refundable and non-transferable
except in the limited and narrowly construed circumstance where a specific invoice line item or
client note expressly contains the words "Refund Guaranteed" along with clearly articulated
qualifying conditions.
In absence of such explicit written stipulation, no refund request, representation, demand, or claim
shall be entertained, considered, or adjudicated. The mere dissatisfaction of the Client, change of
business strategy, alteration of expectations, performance variability in search engines or advertising
platforms, or any subjective assessment of adequacy shall not constitute grounds for refund.
Work Commencement
Once the internal status of a project, service, or assignment has transitioned to "Work Started" or
any analogous designation indicating allocation of resources, refund shall stand permanently
extinguished
notwithstanding the lapse of twenty four hours or otherwise.
24-Hour Cancellation Window
Where a Client seeks cancellation within twenty four hours of payment and demonstrably before
commencement
of any work activity, refund may be processed at the sole discretion of the Company; however, once
preparatory or backend processes are initiated, such right stands forfeited irrevocably.
4. Project Timelines and Delays
Project timelines communicated by the Company are indicative estimates based upon information available
at the time of proposal and are subject to technical contingencies, infrastructural dependencies,
integration constraints, regulatory developments, third party platform fluctuations, and other
operational
variables beyond immediate control.
The Company shall not be deemed in breach merely by reason of delay arising from bona fide technical
impediments or external constraints. The timeline may extend up to sixty working days beyond the
originally committed date owing to technical complexities or unforeseen circumstances.
Delay Attributable to Company
If such delay is exclusively attributable to the Company and exceeds sixty working days, the Client may,
upon written notice, seek cancellation and refund of the amount paid.
Client Non-Responsiveness
However, if delay is occasioned wholly or partly due to failure of the Client to furnish content,
approvals,
credentials, clarifications, or timely communication, no refund shall arise and timeline shall stand
automatically extended.
If the Client remains non-responsive for a continuous period of sixty working days from the final
committed
delivery date, the project shall be deemed lapsed, abandoned, or cancelled without obligation to refund,
and revival shall require fresh contractual engagement.
5. Ownership Rights and Intellectual Property
Ownership rights shall be determined strictly in accordance with the service model chosen.
Build and Rent Model
Under the Build and Rent model, intellectual property in source code, proprietary frameworks, and
structural architecture shall remain vested exclusively in Let's Manage India Private Limited, while
database ownership pertaining to Client generated data shall vest in the Client.
Build and Own Model
Under the Build and Own model, ownership of source code and database shall transfer to the Client only
upon full and final settlement of all dues.
In event of payment default, the Company shall be entitled to suspend access, deactivate hosting,
restrict database availability, retain source code, and assert proprietary control until complete
discharge of outstanding liabilities.
6. Limitation of Liability
Website Development Services
The liability of the Company in relation to website development services shall be contractually capped
and shall in no event exceed fifty percent of the total amount actually paid by the Client for that
specific website development engagement.
Other Services
In respect of all other services, aggregate liability shall not exceed the total amount paid for that
specific service.
Exclusion of Consequential Damages
Under no circumstances shall the Company be liable for indirect, incidental, consequential, exemplary,
punitive, or special damages including but not limited to loss of profit, loss of revenue, loss of
goodwill, loss of business opportunity, data loss, or reputational injury.
The Client acknowledges that digital and technological services inherently involve performance
variability
and external dependencies, and agrees that no guarantee of ranking, revenue, engagement metrics, or
market performance is provided unless explicitly documented as contractual guarantee.
7. Chargebacks and Payment Disputes
In the event of chargeback, payment dispute, or reversal initiated by the Client after commencement
or delivery of services, the Company reserves the right to initiate recovery proceedings, suspend
services, and claim all legal costs incurred in pursuing remedy.
Interest on delayed payments may be levied in accordance with prevailing commercial interest rates
permissible under Indian law.
8. Force Majeure
The Company shall not be liable for delay or failure to perform arising from force majeure events
including but not limited to natural calamities, governmental restrictions, internet outages, cyber
attacks, power failures, war, pandemic, or third party service interruptions.
9. Dispute Resolution and Governing Law
The Client agrees that all disputes shall first be referred to arbitration in accordance with the
Arbitration and Conciliation Act, 1996 as amended, and in the event arbitration does not yield
resolution, the courts situated at Pune, Maharashtra shall have exclusive jurisdiction.
This Agreement shall be governed and construed in accordance with the laws of India including but
not limited to the Indian Contract Act, the Information Technology Act, 2000, and other applicable
statutory provisions.
10. Amendments to Terms
The Company reserves the right to modify, amend, supplement, or restate this Agreement at any time,
and continued engagement of services shall constitute acceptance of such modified terms.
