Terms of Service

1.Agreement to these terms

These Terms of Service (“Terms”) are a binding agreement between Qreative Apps, a sole proprietorship owned and operated by Charanjeet, based in Punjab, India (“Qreative Apps”, “we”, “us”), and the person or business purchasing our services (“you”, the “Client”).

They apply to every proposal, quote, statement of work, plan subscription and invoice we issue. By accepting a proposal, paying an invoice or using our services you agree to these Terms together with our Privacy Policy and Refund & Cancellation Policy. If a signed agreement conflicts with these Terms, the signed agreement prevails for that engagement.

2.Our services

We provide software engineering services, including:

• Custom software and SaaS development: design, architecture and development of web and cloud applications.
• Mobile application development: native iOS applications (Swift, SwiftUI) and Android or cross-platform applications (React Native).
• Website and web application development: fixed-price website packages by page count, and applications built with Next.js, React, TypeScript and related technologies.
• API development and integrations: custom REST and GraphQL APIs and integrations with third-party services such as payment gateways, CRMs and ERPs.
• Website Care & Performance Plans: prepaid plans covering Core Web Vitals and PageSpeed optimization, code maintenance and dependency updates, security and SSL health checks, bug fixes, backups, uptime monitoring and a monthly content-edit allowance, for the number of websites and months stated on the plan page at the time of purchase, plus a 7-day support trial and maintenance top-ups.
• Free website tools: automated, indicative checks (performance audit, security headers, speed test, link preview and browser-based utilities) provided as is, without warranty. You may only run URL-based tools against websites you own or are authorised to test, and the performance audit is limited to one run per browser per day.
• Supporting services: UI/UX design, cloud and DevOps setup, code audits and technical consulting.

All deliverables are digital. We do not sell physical goods, and we do not provide search-engine ranking, advertising or lead-generation services.

3.Proposals, scope and change requests

Project work is performed against a written proposal or statement of work that sets out the scope, deliverables, milestones, timeline and price. The proposal becomes binding when you accept it in writing (including by email) or pay the first invoice.

Work outside the agreed scope is a change request. We will quote the additional cost and any timeline impact before starting, and we will not begin the extra work until you approve it in writing. Timelines assume you provide feedback, approvals, content and access within the periods stated in the proposal; delays on your side extend the timeline accordingly.

Indicative price ranges published on our website are market guidance only and are not a quote. Your price is the one stated in your proposal.

4.Your responsibilities

• Provide accurate requirements, timely feedback and a single point of contact authorised to make decisions.
• Supply content, branding, data, credentials and access (repositories, hosting, app store and third-party accounts) needed for the work, and confirm you have the right to give them to us.
• Hold your own accounts with Apple, Google, hosting providers, payment gateways and other third parties, and pay their fees directly.
• Ensure that content and data you provide do not infringe any third-party rights or break any law.
• Test and accept deliverables within the acceptance period described below.

5.Fees, invoicing and payment

• Currency. All prices are quoted and invoiced in USD. Local-currency figures shown on our website are indicative conversions only; the amount charged is the USD amount on the invoice.
• Website packages. Packages are paid 30% in advance to reserve the start date, with the remaining 70% in instalments as milestones are approved, on the schedule in your proposal. Each package includes two rounds of design revisions; further rounds are quoted as change requests. The site is launched on your domain and source files are handed over once the final instalment is paid.
• Other projects. Apps and custom software are invoiced against milestones as set out in the proposal, typically a deposit before work begins followed by payments on delivery of each milestone. Work on a milestone begins once the preceding invoice is paid.
• Website Care & Performance Plans. Plans are prepaid in full for the stated term, with the bonus months added free at the end, and do not renew automatically; we will offer a renewal before the term ends. The Software Support 7-Day Trial is a one-time fee credited toward any plan bought within 30 days. Maintenance Top-ups are prepaid blocks of engineering time drawn down against quoted tasks.
• Payment methods. Invoices are payable online by card, UPI, net banking or wallet through our secure payment gateway, or by bank transfer where agreed. Payment details are handled by the payment provider and are not stored by us.
• Due dates. Invoices are due within 7 days of issue unless the proposal states otherwise. We may pause work on overdue accounts and charge interest at 1.5% per month on amounts more than 30 days overdue.
• Taxes. Prices exclude GST, VAT, sales tax or withholding tax. Where such taxes apply they are added to the invoice or, where you are required to withhold, you will gross up the payment so we receive the invoiced amount.
• Third-party costs. Developer account fees, hosting, domains, SaaS tools, paid APIs and similar costs are not included and are paid by you directly unless the proposal states otherwise.

Refunds and cancellations are governed by our Refund & Cancellation Policy.

6.Deliverables, acceptance and handover

Each milestone is delivered as working software on a staging environment, a test build (for example via TestFlight or an Android test track) or a pull request in the agreed repository, together with release notes describing what was delivered.

You have 7 days from delivery to test a milestone and report defects in writing. We will correct any reproducible deviation from the agreed scope at no extra cost. If we receive no written rejection within the acceptance period, or you put the deliverable into production use, the milestone is deemed accepted.

On completion of the final milestone and payment in full, we hand over:

• The complete source code in a repository under your control.
• Build, deployment and environment configuration and documentation.
• API documentation and any design assets produced for the project.
• App store listings and releases published under your own developer accounts.

7.Intellectual property

• Your ownership. On payment in full for a milestone, all intellectual property in the custom code, designs and documentation created for you in that milestone is assigned to you.
• Our tools. We retain ownership of pre-existing code, libraries, templates, tooling and know-how we bring to the project (“Background IP”). To the extent Background IP is included in a deliverable, you receive a perpetual, worldwide, royalty-free licence to use and modify it as part of that deliverable.
• Open source. Deliverables may include open-source components licensed under their own terms, which we will identify on request. You are responsible for complying with those licences after handover.
• Your materials. You keep ownership of the content, data, trademarks and materials you provide and grant us a licence to use them only to perform the services.
• Portfolio. Unless you ask us not to in writing, we may name you as a client and show non-confidential screenshots of the delivered work in our portfolio.

8.Third-party services and app stores

Deliverables often depend on third-party platforms such as Apple App Store, Google Play, cloud hosting, payment gateways and external APIs. We will build to those platforms’ published requirements, but we do not control them and cannot guarantee approval timelines, continued availability, pricing or policy changes. Work required by a third-party policy change after acceptance is handled under a maintenance plan or a new quote.

9.Confidentiality and data

Each party will keep the other’s non-public business, technical and financial information confidential and use it only for the engagement, during the engagement and for 3 years afterwards. Where we process personal data on your behalf we do so only on your instructions and in line with our Privacy Policy; a separate data-processing agreement is available on request.

10.Warranties and defect period

We warrant that services will be performed with reasonable skill and care by suitably qualified engineers, and that for 30 days after acceptance of the final milestone, deliverables will materially conform to the agreed scope. We will fix any reproducible non-conformity reported in that period at no charge. This warranty does not cover issues caused by changes made by you or third parties, third-party platform changes, or use outside the agreed scope.

Except as stated above, services and deliverables are provided “as is” and we disclaim all other warranties, express or implied, including fitness for a particular purpose. We do not guarantee any particular business outcome, revenue, user numbers, app-store ranking, search position or performance score.

11.Limitation of liability

To the fullest extent permitted by law, our total liability arising out of or relating to an engagement, whether in contract, tort or otherwise, is limited to the fees you paid us for that engagement in the 12 months before the claim arose. Neither party is liable for indirect, consequential or special losses, loss of profit, revenue, data or goodwill. Nothing in these Terms limits liability for fraud, wilful misconduct, or anything that cannot be limited by law.

12.Indemnity

You will indemnify us against claims arising from content, data or instructions you provide, or from your use of the deliverables in breach of law or third-party rights. We will indemnify you against claims that custom code we authored infringes a third party’s intellectual property, provided you notify us promptly and allow us to control the defence.

13.Website Care & Performance Plans: term, renewal and cancellation

• Plans run for the prepaid term plus the free bonus months stated on the plan page (7, 14 or 27 months in total) and end automatically unless renewed. Cancellation and refund terms are in the Refund & Cancellation Policy.
• Plan deliverables and the monthly content-edit allowance are as listed on the plan page at the time of purchase. Unused edits do not carry over.
• A plan covers the number of websites chosen at purchase; each website beyond the first is charged at 33% of the one-site plan price. Hosting, domain and premium licence fees are paid by you directly to the provider.
• We may suspend a plan for non-payment or misuse after written notice, and either party may end a plan immediately for a material breach that is not cured within 14 days of notice.

14.Termination of projects

Either party may terminate a project on 14 days’ written notice. On termination you pay for all milestones delivered and for work performed on the current milestone up to the termination date, and we deliver the work completed to that point. Deposit and milestone refunds are handled under the Refund & Cancellation Policy. Sections on intellectual property, confidentiality, liability and governing law survive termination.

15.Governing law and disputes

These Terms are governed by the laws of India. Before starting formal proceedings, the parties will try in good faith to resolve any dispute by discussion within 30 days of written notice. Subject to that, the courts of Punjab, India have exclusive jurisdiction, without prejudice to any mandatory consumer protections you enjoy in your country of residence.

16.General

• These Terms, your proposal and the linked policies are the entire agreement for an engagement.
• If any provision is unenforceable, the rest remain in effect.
• Neither party is liable for delay caused by events beyond its reasonable control, provided it notifies the other promptly.
• You may not assign these Terms without our written consent; we may subcontract parts of the work but remain responsible for it.
• We may update these Terms; the version in force when you accept a proposal or renew a plan applies to that engagement.

17.Contact

Qreative Apps (Sole Proprietorship)
Proprietor: Charanjeet
Punjab, India
Email: [email protected]
Web: qreativeapps.com/contact