Terms & Conditions

Welcome to BER Services Private Limited ("BER Services", "we", "us", or "our"). These Terms & Conditions govern your access to and use of our website and your engagement with our digital services.

By accessing or using our website, submitting an enquiry, requesting a quotation, or engaging our services, you acknowledge that you have read, understood, and agreed to these Terms.

1. Our Services

BER Services Private Limited provides digital and technology services, which may include:

• Custom website design and development
• eCommerce website development
• Corporate and B2B portal development
• Landing page design and development
• Mobile application development
• Digital marketing
• Search engine optimization (SEO)
• Branding and UI/UX design
• Website maintenance and technical support
• Related technology and consulting services

Specific project requirements, deliverables, timelines, fees, and responsibilities may be defined in a quotation, proposal, statement of work, service agreement, purchase order, or other written agreement.

2. Website Use

You agree to use this website only for lawful purposes. You must not:

• Violate any applicable law or regulation
• Attempt unauthorized access to our systems
• Introduce viruses, malware, or harmful code
• Interfere with website security or operation
• Scrape or copy website content without permission
• Use the website for fraudulent or unlawful activities
• Infringe the rights of BER Services or third parties

3. Enquiries and Quotations

Information submitted through our forms, telephone, WhatsApp, email, or other communication channels may be used to respond to your enquiry and prepare a proposal or quotation.

Quotations and estimates are subject to the scope, assumptions, validity period, pricing, and conditions specified in the applicable quotation or proposal.

4. Project Scope

The scope of a project will generally be determined by the applicable proposal, quotation, statement of work, or written agreement. Requests outside the agreed scope may be treated as additional work and may result in additional fees and changes to the delivery timeline.

5. Client Responsibilities

Clients are responsible for providing accurate and timely information, content, approvals, credentials, and other materials reasonably required for project completion. Clients represent that they have the necessary rights, permissions, and licenses for materials supplied to BER Services. Delays caused by missing information, approvals, feedback, credentials, or client-provided materials may affect project timelines.

6. Payments and Fees

Fees and payment schedules will be specified in the applicable quotation, proposal, invoice, or service agreement. Depending on the project, an advance payment or milestone payment may be required before work begins or continues.

Third-party expenses such as hosting, domains, premium software, plugins, APIs, advertising expenditure, payment gateways, licenses, and subscriptions may be charged separately where applicable.

7. Late Payments and Suspension

Where invoices remain unpaid after the applicable due date, BER Services may suspend work or services until outstanding amounts are paid. Delays resulting from non-payment may affect the original delivery schedule.

8. Project Timelines

Project timelines are estimates unless a specific delivery date has been expressly agreed in writing. Timelines may be affected by changes in scope, client delays, third-party services, technical dependencies, hosting issues, API availability, or circumstances beyond our reasonable control.

9. Website and Software Development

Websites, software, and applications will be developed according to the agreed specifications and scope. Third-party software, APIs, plugins, themes, libraries, hosting platforms, payment gateways, and other external services are subject to their own terms, licenses, limitations, and availability.

10. SEO and Digital Marketing

SEO, advertising, digital marketing, social media marketing, and related services depend on external platforms and market conditions that may be outside our control. Unless expressly guaranteed in a written agreement, BER Services does not guarantee specific search rankings, traffic levels, leads, sales, conversions, advertising approvals, or return on advertising expenditure.

11. Intellectual Property

BER Services retains ownership of its pre-existing materials, proprietary methodologies, frameworks, reusable code, libraries, tools, templates, processes, and know-how unless otherwise agreed in writing.

Ownership or usage rights relating to final client-specific deliverables will be governed by the applicable project agreement and, where applicable, transferred or licensed after receipt of the required project payments. Third-party materials remain subject to their respective licenses and terms.

12. Client Content

Clients retain ownership of content and materials supplied to BER Services. By providing such materials, the client grants BER Services the necessary permission to use and process them for the purpose of delivering the agreed services.

13. Portfolio and Promotional Use

Unless otherwise agreed in writing, BER Services may identify completed projects and display non-confidential portions of completed work in portfolios, presentations, proposals, case studies, websites, and marketing materials.

14. Third-Party Services

Our services may rely on third-party platforms such as hosting providers, domain registrars, payment gateways, APIs, advertising platforms, app stores, analytics services, plugins, and cloud services. BER Services does not control the availability, pricing, policies, security, functionality, or continued operation of third-party services.

15. Website Availability

We aim to keep our website available and functional but do not guarantee uninterrupted, error-free, or completely secure availability at all times.

16. Confidentiality

Each party should maintain the confidentiality of non-public information received from the other party in connection with a business or project relationship. Where a separate confidentiality or non-disclosure agreement exists, that agreement will govern confidentiality matters to the extent of any inconsistency.

17. Privacy

Personal information collected through our website and services is handled in accordance with our Privacy Policy.

18. Limitation of Liability

To the maximum extent permitted by applicable law, BER Services will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, business opportunities, goodwill, data, or anticipated savings.

19. Indemnification

To the extent permitted by applicable law, the client agrees to indemnify and hold harmless BER Services, its directors, employees, contractors, and representatives from claims, losses, liabilities, damages, costs, and expenses arising from the client's breach of these Terms, unlawful use of our services, or infringement of third-party rights.

20. Termination

Either party may terminate a project or service relationship in accordance with the applicable written agreement. BER Services may suspend or terminate services where reasonably necessary because of material breach, non-payment, fraudulent activity, unlawful use, or other circumstances permitted by the applicable agreement.

21. Refunds and Cancellations

Refunds, cancellations, deposits, milestone payments, and termination charges will be governed by the applicable quotation, proposal, service agreement, or refund policy. Fees for work already completed and approved third-party costs are non-refundable where permitted by the applicable agreement and law.

22. Force Majeure

BER Services will not be responsible for failure or delay in performing obligations where such failure or delay results from circumstances beyond our reasonable control, including natural disasters, government actions, widespread internet or telecommunications failures, power outages, cyber incidents, or failures of third-party infrastructure.

23. Governing Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with the laws of India. Subject to applicable law, disputes arising from these Terms or our services shall be subject to the jurisdiction of the competent courts in Ghaziabad / Uttar Pradesh, India.

24. Contact Us