Terms and Conditions

Welcome to Westvire. By engaging our services, you agree to be bound by the following terms and conditions. Please read them carefully.

1. Service Plans

We offer the following service plans for software development:

1.1. Simple Orders

Service Description: Simple orders are for one-time software development projects with a fixed scope and one-time payment. The specific details of each project, including scope, deliverables, and timelines, will be defined in a separate project agreement.

Payment Terms:

• The total project cost is determined based on factors such as project type, complexity, and required resources.
• Payment is to be made in a maximum of three installments. Acceptable installment schedules are exclusively as follows:
  1. Option 1 (Full Upfront Payment): 100% of the total project cost is payable as the first installment before project commencement.
  2. Option 2 (Two Installments):
     • First Installment: A mutually agreed percentage (e.g., 50% or as agreed upon) of the total project cost is payable before project commencement.
     • Second Installment: The remaining balance is payable during the project's development, at a mutually agreed milestone.
  3. Option 3 (Three Installments):
     • First Installment: A mutually agreed percentage (e.g., 30-40% or as agreed upon) of the total project cost is payable before project commencement.
     • Second Installment: A mutually agreed percentage (e.g., 30-40% or as agreed upon) of the total project cost is payable during the project's development, at a mutually agreed milestone.
     • Third Installment: The remaining balance is payable upon project completion and client acceptance.
• The specific installment schedule and amounts will be detailed in the project agreement.

1.2. Value Subscription

Service Description: The Value Subscription plan offers a 70% discount on the first new software development project. It also includes free weekly minor updates and monthly major updates for existing projects developed under this subscription.

Subscription Terms:

• Clients must commit to a minimum subscription period, the length of which will be determined based on factors including the estimated cost of the new project.
• Subscription cost and minimum subscription duration will be mutually agreed upon and specified in the subscription agreement.
• Billing is on a monthly basis. Subscription fees will be automatically deducted each month as per the agreed terms.
• Minor updates (small UI changes) and major updates (time-consuming changes not adding/reducing major functionality) are included free of charge during the active subscription period for projects developed under this subscription plan.

1.3. Simple Subscription

Service Description: The Simple Subscription plan provides ongoing maintenance services, including weekly minor updates and monthly major updates, for existing software projects. This plan does not include the development of new projects.

Subscription Terms:

• The subscription fee is fixed at INR 5,900 per month.
• Clients must subscribe for a minimum period of 5 months.
• Billing is on a monthly basis. Subscription fees will be automatically deducted each month.
• Services included are limited to weekly minor updates (small UI changes) and monthly major updates (time-consuming changes not adding/reducing major functionality).
• This plan does not include the development of new software projects.

2. Project Scope and Changes

The scope of each project will be clearly defined in a project agreement. Any changes to the agreed scope may require a revised project agreement and adjustments to timelines and costs. Change requests must be submitted in writing and are subject to our review and approval.

3. Client Responsibilities

Clients are responsible for:

• Providing all necessary information, data, and assets required for the project in a timely manner.
• Ensuring the accuracy and completeness of the provided information.
• Providing timely feedback and approvals as requested during the project lifecycle.
• Adhering to the agreed payment schedule.

4. Our Responsibilities

We are responsible for:

• Delivering the software development services as per the agreed project scope and specifications.
• Maintaining professional standards of quality and execution.
• Communicating project progress and updates to the client.
• Respecting client confidentiality and data privacy as outlined in our Privacy Policy.

5. Intellectual Property Rights

Upon full payment for Simple Orders projects, and during active subscription for Value Subscription and Simple Subscription projects (for updates), the client will typically own the intellectual property rights to the software developed, as defined in the project agreement. However, Westvire retains the right to use general programming techniques, pre-existing code, and tools developed in the course of providing services.

6. Confidentiality

We will treat all client information and data as confidential and will not disclose it to third parties without explicit client consent, except as required by law. Clients also agree to keep our proprietary information confidential.

7. Warranty and Disclaimer

We warrant that the software developed will substantially conform to the agreed specifications for a period of 30 days after delivery. This warranty does not cover issues arising from misuse, unauthorized modifications, or third-party software. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, OUR SERVICES ARE PROVIDED "AS IS" AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Westvire'S LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY THE CLIENT TO US FOR THE SPECIFIC PROJECT OR SERVICE GIVING RISE TO THE CLAIM. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

9. Term and Termination

For Simple Orders, the terms commence upon agreement and terminate upon project completion and final payment. Subscription terms are as per the respective subscription agreements. Either party may terminate a project agreement or subscription agreement for material breach, provided written notice and a reasonable opportunity to cure is given. Upon termination, clients are responsible for payment for services rendered up to the date of termination.

10. Governing Law and Jurisdiction

These Terms and Conditions and any project agreements shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these terms or our services shall be subject to the exclusive jurisdiction of the courts in Delhi.

11. Dispute Resolution

We encourage resolving any disputes amicably through negotiation. If negotiation fails, we agree to consider mediation before pursuing litigation.

12. Amendments to Terms

We reserve the right to modify these Terms and Conditions at any time. We will notify clients of any significant changes. Continued use of our services after such modifications constitutes acceptance of the revised terms.

13. Contact Information

For any questions regarding these Terms and Conditions, please contact us at: westvire@gmail.com or +91-981-023-1586.

Privacy Policy

Your privacy is important to us. This Privacy Policy explains how Westvire collects, uses, and protects your personal information.

1. Data Collection

We collect only the data that is essential for the software development project you entrust to us. This data may include:

• Information you provide directly to us for project requirements, such as business goals, target audience, desired features, and content.
• Technical specifications and access credentials necessary for project execution.
• Communication records between you and our team, including emails and project-related messages.

We do not collect any personal information unrelated to the specific software development project.

2. Use of Data

The data we collect is used solely for the purpose of:

• Understanding your project requirements and developing the software according to your specifications.
• Communicating with you regarding project progress, updates, and feedback.
• Providing ongoing support and maintenance services if you have subscribed to a maintenance plan.

We do not use your project data for marketing purposes, nor do we share or sell it to third parties without your explicit consent, except as described in Section 4.

3. Data Security

We implement reasonable security measures to protect your project data from unauthorized access, use, or disclosure. These measures include [Mention specific measures like:

• Secure storage systems.
• Access controls limiting data access to authorized personnel.
• Encryption where appropriate.

However, no method of data transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.

4. Data Sharing and Disclosure

We are committed to keeping your project data strictly confidential between you and our team. We will only share your data with third parties under the following limited circumstances:

• With your explicit consent: If you specifically authorize us to share your data with a designated third party.
• To comply with legal obligations: If we are required to disclose your data to comply with applicable laws, regulations, legal processes, or governmental requests.
• With service providers: We may engage trusted third-party service providers (e.g., for hosting, communication tools) who need access to project data to perform services on our behalf.

We will not sell, rent, or trade your project data to any third party for marketing purposes.

5. Data Retention

We will retain project data only for as long as necessary to fulfill the purposes for which it was collected, including project completion, ongoing support (if applicable), and to comply with legal obligations. After such time, we will securely delete or anonymize your data.

6. Your Rights

You have the following rights regarding your project data:

• Access: You can request access to the project data we hold about you.
• Correction: You can request that we correct any inaccurate or incomplete project data.
• Deletion: You can request the deletion of your project data, subject to legal and contractual limitations.
• To exercise these rights, please contact us at westvire@gmail.com. We may require verification of your identity before processing your request.

7. Children's Privacy

Our services are generally not directed to children under the age of 18 years, and we do not knowingly collect personal data from children. If you believe we have inadvertently collected data from a child, please contact us immediately, and we will take steps to delete such data.

8. Changes to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal obligations. We will post any revised Privacy Policy on our website and update the "Effective Date" accordingly. We encourage you to review this Privacy Policy periodically.

9. Contact Information for Privacy Inquiries

If you have any questions or concerns about our Privacy Policy or our data practices, please contact our Privacy Officer at: westvire@gmail.com or +91-981-023-1586.

Effective Date: 05-03-2025