Terms & Conditions

These terms cover your use of nimtreeinfotech.com and the general basis on which Nimtree Infotech provides its services. They are not a project contract. Where a quotation, proposal, statement of work or signed agreement exists between us, that document fixes the commercial terms and takes precedence wherever it differs from this page.

Accepting this

Using this website means accepting these terms. If that does not suit you, please do not use it. The page is revised from time to time, and whichever version was published here on the day you used the site is the one that applies.

Permitted use

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

• Seek unauthorised access to the site, its hosting, its source, or anything connected to it.
• Probe, scan, scrape or test it in any way that degrades it for other visitors.
• Introduce malicious code, or anything built to disrupt or damage the site or the people using it.
• Reproduce, republish or sell a substantial part of it, or present our material as yours.
• Enter false information in the enquiry form, impersonate somebody else, or use it for unsolicited commercial messages.
• Use the site in any manner that breaches an applicable law or regulation.

Access may be restricted or withdrawn where we consider that necessary to protect the site, its visitors or the business.

Not an offer

The descriptions of services, technologies and ways of working here are information only. Nothing on this site is an offer capable of acceptance, a quotation, a price, an estimate of cost or duration, or an undertaking that a given piece of work can be taken on. No price and no delivery date appears anywhere on it, because neither can be stated sensibly until somebody has read the brief. An engagement starts when scope is agreed in writing and a quotation, proposal or contract is accepted on both sides.

Enquiries and estimates

An enquiry through the form or by email obliges neither side to anything. We may decline an enquiry, or decline to quote, without giving a reason. A proposal or estimate rests on the information available when it was written, remains valid for the period that document states, and may be revised if the requirement proves different from its description. How we handle the personal information in an enquiry is set out in our Privacy Policy.

What is in scope

What gets built, what it does, what is in and what is deliberately out are all defined in the applicable proposal or statement of work. Whatever that document does not describe sits outside the agreed scope. A requirement that emerges later is treated as a change rather than assumed to have been included.

Money

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

No payment passes through this website. There is no cart, no checkout and no payment gateway, and nobody here will ever ask for card details by email or through the enquiry form.

Your side of it

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

• Supply accurate requirements, and say promptly when they change.
• Provide content, brand assets, data and any other material needed, confirming you hold the rights to it.
• Grant the access required — repositories, hosting, developer accounts, domains, test devices — in your own name wherever a platform insists on it.
• Keep credentials safe, and withdraw access once the work no longer requires it.
• Appoint somebody able to answer questions and take decisions for you.
• Review what is delivered and return consolidated feedback and approvals, so nothing waits on a pending decision.
• Satisfy whatever obligations your regulator, platform or industry places on the software you publish.

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

Changes mid-project

Requirements shift; that is ordinary. Anything that adds to, removes from or materially alters the agreed scope counts as a change. Its effect on effort, cost and schedule is set out in writing and it takes effect once you confirm it. Until then, work proceeds on the scope already agreed.

Delivery and sign-off

Dates in a proposal are good-faith estimates based on the scope known at the time and on your dependencies arriving as planned. They are not guarantees, and no timeline appears 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 follows a reported defect.

Ownership of the work

These pages

The text, layout, design, graphics, illustrations and code behind this website belong to Nimtree Infotech or are used under licence, protected by copyright and related law. Reading, printing and sharing are welcome; republishing a substantial part of it, or presenting our material as yours, is not.

What you commissioned

Rights in what was built specifically for you transfer or are licensed on the terms of the applicable agreement, normally once the fees for that work are paid in full; until then the deliverables remain 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.

What we already had

Our pre-existing material stays ours \u2014 tools, frameworks, libraries, code patterns, templates, scripts and general know-how, together with anything of that sort developed or improved while working for you. Where such material is embedded in a deliverable, you receive the licence needed to use, run and modify that deliverable for its intended purpose. Nothing in an engagement prevents us applying our general skills, experience and techniques elsewhere.

Parts from elsewhere

Nearly all software includes third-party parts: open-source and commercial libraries, SDKs, fonts, plugins, cloud services and APIs. Each is governed by 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, 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 anybody who does not need it for the work, nor use it outside the engagement. That does not extend to information already public without a breach, already known, independently developed, or required to be disclosed by law or a competent authority. The obligation survives the engagement.

Platforms outside our control

Projects depend on services nobody here controls \u2014 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 retired feature, an outage. Where a platform shifts its requirements after delivery, bringing the software back into line is new work.

Life after delivery

Maintenance, support, hosting and monitoring sit apart from building and happen only where an agreement provides for them. That document defines the cover, how a request is raised and how it is prioritised. Without such an arrangement there is no continuing obligation on us to monitor, update or maintain what was delivered \u2014 though you are always welcome to ask for a quote.

What is warranted

We warrant that the work will be carried out 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 uninterrupted or error-free operation, that every defect can be corrected, compatibility with every device, browser or operating system \u2014 current or future \u2014 or any particular commercial result. So far as the law allows, all other warranties, conditions and terms implied by statute or otherwise are excluded.

Limits on liability

Nothing in these terms excludes or limits liability the law does not allow to be excluded or limited, fraud and fraudulent misrepresentation among them. Subject to that:

• Indirect and consequential loss falls outside our liability, as does loss of profit, revenue, business, goodwill or anticipated savings, and loss or corruption of data, however caused.
• Total liability in connection with an engagement is limited to the cap in the applicable agreement or, where that document is silent, to the fees actually paid for the specific work the claim arose from.
• The website is provided as it stands. Using it, and relying on anything published here, is at your own risk \u2014 see the Disclaimer.

Indemnity

You agree to indemnify us against claims, losses, liabilities and reasonable costs arising from content, data, materials or instructions you supplied, from a deliverable being used in a way that was not agreed, from your breach of these terms, or from your breach of a third-party licence or platform policy.

Pausing and ending

Either side may end an engagement in the manner the applicable agreement describes. Work may be suspended where an invoice is overdue, where the access or information needed is not forthcoming, or where continuing would breach a law or a platform policy. On termination, work already done and costs properly incurred 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 meant to survive do so. Cancellation and refunds are dealt with in our Refund & Cancellation Policy.

Matters beyond control

Neither side is liable for delay or failure caused by something beyond its reasonable control: natural events, fire, flood, epidemic, war, civil disturbance, strike, failure of power, telecoms or internet infrastructure, a cyber attack, an act of government. Whoever is affected notifies the other as soon as reasonably possible and resumes as soon as able.

Governing law

These terms, and any engagement under them, are governed by the laws of India. The courts at Rajkot, Gujarathave exclusive jurisdiction over any dispute, save that either side may seek urgent relief elsewhere to protect intellectual property or confidential information. Before proceedings begin, both sides agree to raise the matter in writing and attempt 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@nimtreeinfotech.com, or to the address recorded for you in the applicable agreement.

When this page changes

This page is updated when the services, the website or the law require it, and the date at the top marks the current version. A change here does not alter an engagement already agreed with you, which remains governed by the document signed at the time.