Terms
Last Updated: February 7th, 2025
Design and Technology Consulting Agreement
This is a Design and Technology Consulting Agreement between Sisyphus Consulting Pvt. Ltd. (“we,” “us,” “our”) and any individual, entity, or organization that procures our consulting services (“you” or “your”). If you have any questions about this agreement, you can email Bhagyesh Pathak on this id: contact[at]sisyphusconsulting[dot]org.
1. Acceptance of Terms
Any work that we do for you is governed by the terms and conditions you’re reading now. If you don’t agree to these terms, we can’t provide you with any services. This agreement is a binding contract between you and Sisyphus Consulting Pvt. Ltd.
2. Terms May Change
We may update the terms and conditions periodically, including our fees. Any changes will be communicated at least 30 days in advance. For existing contracts, the new terms and/or pricing will become effective on the next renewal date of your services with Sisyphus Consulting Pvt. Ltd.
3. Payment
Payments can be made via NEFT, RTGS, IMPS, UPI, or credit card (any applicable transaction charges for credit cards or international payments will be borne by the client). You agree to keep your billing details up-to-date and are responsible for failing to do so.
All of our statements of work have a corresponding due date for our first payment, and expected kickoff date for the project. If you sign a contract to start work with us, but fail to provide your first payment in full by its due date, the project will be terminated and a termination fee of 50% of the payment will be levied, due within 14 days of the project’s kickoff date. All payments exist to reserve our time.
4. Taxes
You are responsible for paying any applicable GST (Goods and Services Tax) or other taxes under Indian laws.
5. Refunds
No refunds are available for consulting fees at any point, for any reason.
6. Services
Services will be agreed upon in writing beforehand and may include but are not limited to:
website development (where we develop websites for you), data system design (where we help you setup data system for your internal workflows), AI integration (where we help you integrate AI in your system), online store setup (where we help you setup an online commercial store to sell products and services), brand identity design (where we design visual brand guidelines for your business), and/or illustrations design (where we create digital illustrations for your business).
7. Termination
Either party may terminate this agreement by giving 14 days’ written notice. On termination:
- We will transfer relevant accounts or deliverables to your control.
- If termination is initiated by you, 50% of the remaining fees for the project period will become due within 14 days.
8. No Guarantee of Results
We do not guarantee any specific outcomes (e.g., business efficiency, leads, revenue, or performance metrics) from our services. You are responsible for implementing and acting on our recommendations. Sisyphus Consulting Pvt. Ltd. is not liable for any losses resulting from using or failing to use our recommendations.
9. Content Ownership
You will own all deliverables created specifically for your project. However, we may incorporate reusable code, libraries, or templates into your project, for which we grant you a non-exclusive, perpetual license to use. This does not extend to rights over our proprietary tools or methodologies.
10. Limitation on Liability
Our liability is limited to correcting the deliverables. If correction is not possible or impractical, then our liability is limited to a refund any fees you paid to us related to that specific deliverable in question, subject to a maximum of the fees paid. We are not liable for indirect, incidental, special, or consequential damages, including loss of profits.
11. Indemnification
You agree to indemnify us against any claims, including intellectual property disputes, arising from materials or data you provide.
12. Publicity
You authorize us to:
- Mention your company name and describe our work (in general terms) in marketing materials.
- Showcase the impact of our work (e.g., improvements in design or metrics).
If you wish to modify these publicity rights, it must be agreed upon in writing before the project begins.
13. Business Hours
Our business hours are 09:30 AM to 6:30 PM IST, Monday to Friday.
We observe the major holidays: Indian national holidays, Diwali, Holi, and other region-specific holidays.
Outside business hours, we may not be available for communication unless otherwise agreed upon.
14. Independent Contractor
We operate as an independent contractor. This agreement does not establish any joint venture, partnership, or employment relationship.
15. Not Exclusive
We serve multiple clients and may work with your competitors.
16. Representations and Warranties
We warrant that our services will not knowingly infringe on third-party rights. You warrant the same for materials you provide. Except as explicitly stated, we disclaim all other warranties, including implied warranties of merchantability or fitness for a particular purpose.
17. Assignment
This agreement cannot be assigned to another party without prior consent, except in cases of inheritance or acquisition of your business.
18. Waiver
Failure to enforce any part of this agreement does not waive our right to enforce it later.
19. Modification
This agreement can only be modified in writing and must be signed by both parties.
20. Severability
If any part of this agreement is found unenforceable, the rest remains valid.
21. No Third Parties
This agreement benefits only the parties involved—Sisyphus Consulting Pvt. Ltd. and you—and no third party.
22. Force Majeure
We are not liable for delays or failures caused by events beyond our control, such as natural disasters, strikes, or emergencies.
23. Governing Law and Jurisdiction
This agreement is governed by the laws of India. Disputes will be resolved in the courts of Ahmedabad, Gujarat.
24. Headings
Headings are for convenience only and do not affect the interpretation of this agreement.
25. Entire Agreement
This document constitutes the entire agreement between you and Sisyphus Consulting Pvt. Ltd., superseding any prior agreements.