Terms of Service

Last updated: 11/22/2025

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", "your") and BCN Studio ("BCN Studio", "we", "us", "our"), a registered business operating in Pune, Maharashtra, India. By accessing or using our website, engaging our services, or signing any agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws of India, including but not limited to the Indian Contract Act, 1872, the Information Technology Act, 2000, and the Consumer Protection Act, 2019.

1. Acceptance of Terms

By using our website or services, you expressly agree to these Terms. If you do not agree, you must immediately cease use of our site and services. Continued use after any modification to these Terms constitutes acceptance of such modifications.

2. Services Offered

BCN Studio provides IT and digital services including but not limited to: website development, web applications, custom software development, graphic design, IT consultation, and related services. All services are provided subject to a signed Statement of Work (SOW), proposal, or agreement.

3. Engagement and Contracts

All projects require a signed written agreement or proposal. Verbal agreements are not binding. The Client agrees that:

• Scope: The project scope, deliverables, timelines, and pricing are defined in the signed agreement. Any changes require written approval and may incur additional charges.
• Authority: The person signing on behalf of the Client has the authority to do so and binds the Client organization to these Terms and the project agreement.
• Acknowledgment: By signing, the Client acknowledges they have requested the services and cannot later claim they did not commission the work.

4. Payment Terms

Advance Payment: A non-refundable advance payment of 30% of the total project cost is required before work commences. This advance confirms the Client's commitment and covers initial planning and setup costs.

Milestone Payments: Payments are due as per the agreed milestones in the SOW. Failure to pay on time will result in suspension of work.

Final Payment: The remaining balance must be paid in full before final delivery or deployment. No source code, credentials, or final deliverables will be handed over until full payment is received.

Late Payments: Overdue payments will incur interest at 2% per month or the maximum rate permitted under Indian law, whichever is lower. We reserve the right to suspend services and pursue legal remedies for non-payment.

Refunds: The advance payment is non-refundable. Refunds for subsequent payments are at our sole discretion and only if work has not commenced on the relevant milestone.

4A. Pricing, Quotes, Currency and Adjustments

• Billing Currency: All prices, quotes, and invoices are in Indian Rupees (INR, ₹). Any USD/EUR figures shown on our website are approximate conversions for convenience only.
• Indicative Conversions: Currency conversions displayed (e.g., USD/EUR) are based on publicly available rates and rounded for clarity; they are not binding.
• Exact Pricing: Please contact us for an exact project quote. Final fees will be calculated and payable in INR.
• Fluctuations: Pricing is subject to change at any time due to currency fluctuations and market conditions until a Statement of Work (SOW) or order is signed.
• No Retroactive Adjustments: We are not obligated to honor past or lower displayed prices if rates change. No retroactive discounts or adjustments will be applied after acceptance.
• Validity: Unless stated otherwise, written quotes are valid for 15 calendar days from the date of issue.
• Bank/Conversion Fees: Any bank charges, international transfer fees, or conversion costs are borne by the Client and must not reduce the net amount received by us.
• Taxes: Applicable taxes (e.g., GST) are additional unless expressly stated.

5. Client Obligations

The Client agrees to:

• Provide timely feedback, content, credentials, and approvals as needed.
• Ensure all materials provided (text, images, trademarks) do not infringe third-party rights.
• Not hold BCN Studio liable for delays caused by the Client's failure to provide necessary inputs.

6. Intellectual Property Rights

Pre-existing IP: BCN Studio retains all rights to our proprietary tools, libraries, frameworks, and methodologies used in delivering services.

Client IP: Upon full payment, the Client is granted ownership or an exclusive license (as specified in the agreement) to the custom deliverables created specifically for them. This does not include our pre-existing IP or third-party licensed components.

Withholding Delivery: We reserve the right to withhold delivery of source code, designs, and final assets until full payment is received.

7. Warranties and Disclaimers

We warrant that services will be performed with reasonable skill and care. However:

• The website and services are provided "as is" without warranties of any kind, express or implied.
• We do not guarantee uninterrupted, error-free operation, or that defects will be corrected outside of agreed support terms.
• We are not liable for third-party services, hosting downtime, or issues beyond our control.

8. Limitation of Liability

To the maximum extent permitted by Indian law, BCN Studio's total liability for any claim arising from or related to our services shall not exceed the total amount paid by the Client for the specific project in question. We are not liable for indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

9. Indemnification

The Client agrees to indemnify, defend, and hold harmless BCN Studio, its directors, employees, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from: (i) the Client's breach of these Terms, (ii) infringement of third-party rights by Client-provided materials, or (iii) any misuse of our deliverables.

10. Dispute Resolution and Governing Law

These Terms are governed by the laws of India. The courts of Pune, Maharashtra, India, shall have exclusive jurisdiction over any disputes arising from or related to these Terms or our services.

Arbitration: Any dispute shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator appointed by mutual consent. The arbitration shall be conducted in Pune, Maharashtra, in English.

No Class Actions: The Client waives any right to bring claims as part of a class or representative action.

11. Termination

Either party may terminate the engagement as per the terms in the signed agreement. BCN Studio may terminate immediately if the Client breaches payment terms or these Terms. Upon termination, the Client remains liable for all payments due for work completed up to the termination date.

12. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the engagement, except as required by law or with prior written consent.

13. Force Majeure

BCN Studio is not liable for delays or failure to perform due to events beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, or infrastructure failures.

14. Amendments

We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Continued use after changes constitutes acceptance.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with any signed agreement or SOW, constitute the entire agreement between the Client and BCN Studio and supersede all prior understandings or agreements.

Analytics and Performance

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Contact

For questions or concerns regarding these Terms, please contact us at: bcnstudio.tech@gmail.com