Terms & Condition

Last Updated: October 7, 2021

Our clients are free to review the product and its content in the development stage and beyond. We have a window of time in which the client can come back for revisions and tweaks after the final product is delivered. The product will be approved and accepted once the allotted time frame has expired with or without any changes or revisions made to the product.

Modifications

At Nimblechapps, we do revision, additions, and modifications to a product once it is successfully rolled out. Any changes made to the originally finished project will come under additional work. We do minor tweaks at no additional cost. However, we will charge for additional tasks that turn out to be beyond the scope of the original requirements whether it's during the development phase or after successful completion of the product.

Refund

For the refund to be processed, we will insist you to try an alternative developer with a proper replacement if you wish. The replacement doesn’t cost anything. We have seen a replacement working out very well almost all the time. We will offer you a refund if the developer is completely unable to provide you the work needed.

Offensive Conduct

We expect from our clients that they’ll not use any inappropriate language that has the tendency to portray vulgarity, hatred, sexism, racism in their comments. Clients, stakeholders, and the development team are strictly prohibited from using gestures, remarks and conduct that violate basic principles. Anyone who is found to violate prohibited activities is entitled to face the prosecution. We secure the right to disown any user material related to pornography, terrorism, punishable offense, hatred in any form at any point in time. We are entitled to remove anything that violates our policy.

Legal Restrictions

This agreement is bound by Nimblechapps non-disclosure agreement. It is agreed that the obligations between the parties or clients are entirely contained within the terms and conditions of this agreement, which are subject to change at the discretion of Nimblechapps and laws of the state of Gujarat and of India. No communication at any time shall place an obligation on the parties or clients.

Payments

We accept payments through platforms like PayPal, Transferwise, UpWork, and Freelancer. You can also wire transfer to us. Please note here that we reserve the right to devise modes of payment methods and pricings without any prior notice. Cancellation fees come into effect if the client discontinues or cancels the projects midway. This canceled fee is in accordance with the type of the project. Legal action will be initiated in case there’s a non-payment of overdue amount or cancellation fees.

Approvals and Delivery

At Nimblechapps, the projects are divided into various stages and the work only begins on the next stage once the payment for the completed stage is done as per the agreement. Upon completion of the project, the product would be uploaded to the client's end for approval. However, we reserve the right to delay this until the full realisation of the payment is done. We hold the right to share the finished products for the purpose of the reference to generate new clients. A client has the right to prevent such usage from Nimblechapps which will be approved once the request has been made.

Alterations

Nimblechapps will not accept responsibility for any alterations of the product caused by a third party or from the client-side. Such alterations include, but are not limited to modifications, additions or deletions. Nimblechapps will take alterations under additional work before resolving any issues that may arise from it.

Access

If the client’s app is to be published on a third-party development account, Nimblechapps must be granted temporary access to the account for the purpose of App submissions. If the client’s app is to interact with a third-party remote server, then the client shall provide full access details to content and storage directories. Depending on the size and the nature of the project, other resources might also be needed to be configured on the server which will be communicated as per the need.

Damages

Nimblechapps will not under any circumstances accept liability for any loss or damage occurring through direct, indirect, identifiable, incidental mistakes or interruption, deletion, loss of data or which affect the performance or the availability of the app. We will also not accept liability for any damages for loss of profits or loss of business arising from the breach of this agreement.

Copyright

Copyright to files, data, logos, photos, graphics, software, animation, videos, text, etc. provided by the client will be owned by the client. Obtaining relevant copyrights of any third-party material will be solely the client’s responsibility. The responsibility of granting Nimblechapps the copyrighted material also lies on client’s discretion. Nimblechapps is shielded from any claims that arise from the data, files and other materials provided by the client. We consider the contract a guarantee that the client has taken care of these issues already. Nimblechapps does not and will not assume responsibility for any changes caused by the client or a third party on the materials provided. This could include but would not be limited to modifications, additions or deletions of any data, files, logos, and the highlighted materials.

Jurisdiction

The agreements and conditions shall be governed, interpreted and enforced in accordance with the Indian law. All parties or clients irrevocably consent to Indian courts that would have the exclusive jurisdiction towards settling disputes that may come from the terms and conditions listed here.

Nimblechapps will do its utmost best to adhere to the deadline of a given project. However, it will not be responsible for the deadlines missed due to the circumstances that are out of its reach such as force majeure, communication delays, resource unavailability, third-party support etc.