Terms
Last Updated: August 11th, 2026
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:
- Cloud infrastructure (where we set up, secure, and maintain your cloud servers, backups, and CDN, including installation and maintenance of open-source software on your infrastructure),
- Custom software (where we build software tailored to your business processes), and/or
- Website development (where we develop websites for you).
Where our services involve installing, configuring, or maintaining software that stores or processes personal data on your infrastructure, you are the Data Fiduciary under the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and we act as a Data Processor on your documented instructions. The obligations arising from this relationship are detailed in Section 12 below.
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.
- For services involving personal data, we will, at your written instruction, delete or return all personal data in our possession or control within 30 days and provide written confirmation of the same, unless retention is required by applicable law.
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. Data Protection (DPDP Act 2023)
This section applies to all services where we install, configure, maintain, or troubleshoot software on your infrastructure that stores or processes personal data (as defined under the Digital Personal Data Protection Act, 2023 and the Digital Personal Data Protection Rules, 2025).
12.1 Roles. You acknowledge that you are the Data Fiduciary — you determine the purpose and means of processing personal data of your end users. We are your Data Processor and process personal data solely on your documented instructions and only to provide the agreed services. All obligations that attach to a Data Fiduciary under the DPDP Act — including obtaining valid consent, publishing a privacy policy, and honouring data principal rights (access, correction, erasure) — remain your responsibility.
12.2 Scope of processing. We will process personal data only to the extent necessary to perform the services described in the statement of work — for example, installing, updating, backing up, restoring, or troubleshooting the software. We will not use your users’ personal data for any purpose of our own.
12.3 Security safeguards. We implement and maintain reasonable technical and organisational security measures appropriate to the nature of the data, including but not limited to: key-based SSH access, firewall configuration, intrusion-detection (e.g., fail2ban), SSL/TLS encryption, encrypted backups, least-privilege access, and timely application of security patches. We will keep records of the safeguards in place for each engagement.
12.4 Personal data breach notification. If we become aware of a personal data breach affecting data on your infrastructure, we will notify you in writing within 72 hours of becoming aware, providing sufficient detail (nature of the breach, categories and approximate volume of data affected, remedial steps taken) so that you may fulfil your obligations to the Data Protection Board of India and to affected data principals.
12.5 Sub-processors. We will not engage any sub-processor to process personal data on your behalf without your prior written approval. Where a sub-processor is approved, we will impose on them obligations no less protective than those in this section and remain liable for their acts and omissions.
12.6 Cross-border data. Where your infrastructure is hosted outside India (e.g., with a European hosting provider), you acknowledge that personal data will be stored and processed in that jurisdiction. We will implement strong security safeguards as described above. Should the Central Government restrict transfers to any jurisdiction under Section 16(1) of the DPDP Act, we will cooperate with you to migrate the data or adopt an alternative hosting arrangement. We can also assist you in provisioning infrastructure within India at additional cost, should you require data localisation.
12.7 Log retention. In accordance with CERT-In directions, we enable comprehensive system and access logs on servers we manage and retain them for a minimum rolling period of 180 days. For infrastructure hosted outside India, we will, on request and at additional cost, assist you in setting up log shipping to an Indian location.
12.8 Children’s data. Where the software we install or maintain is likely to process personal data of children (persons under 18 years of age) — for example, a learning management system used by a school or college — you are responsible for obtaining verifiable parental or guardian consent as required under Section 9 of the DPDP Act. We will, on request, assist you in configuring the software to support age-gating or consent workflows, but the legal obligation to obtain and record such consent rests with you.
12.9 Our own data. For the limited personal data we hold as a Data Fiduciary in our own right — such as your contact details, billing information, and communication records — we maintain appropriate security, use the data only for the purposes of this engagement, and delete it within a reasonable period after the engagement ends, unless retention is required for legal, tax, or accounting purposes.
12.10 Audit and cooperation. On reasonable notice and no more than once per year, you may request evidence of our compliance with this section, including a summary of security measures in place. We will cooperate in good faith with any inquiry by the Data Protection Board of India that relates to personal data we process on your behalf.
13. 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.
14. 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.
15. Independent Contractor
We operate as an independent contractor. This agreement does not establish any joint venture, partnership, or employment relationship.
16. Not Exclusive
We serve multiple clients and may work with your competitors.
17. 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.
18. Assignment
This agreement cannot be assigned to another party without prior consent, except in cases of inheritance or acquisition of your business.
19. Waiver
Failure to enforce any part of this agreement does not waive our right to enforce it later.
20. Modification
This agreement can only be modified in writing and must be signed by both parties.
21. Severability
If any part of this agreement is found unenforceable, the rest remains valid.
22. No Third Parties
This agreement benefits only the parties involved (Sisyphus Consulting Pvt. Ltd. and you), and no third party.
23. Force Majeure
We are not liable for delays or failures caused by events beyond our control, such as natural disasters, strikes, or emergencies.
24. Governing Law and Jurisdiction
This agreement is governed by the laws of India, including the Digital Personal Data Protection Act, 2023 and rules made thereunder. Disputes will be resolved in the courts of Ahmedabad, Gujarat.
25. Headings
Headings are for convenience only and do not affect the interpretation of this agreement.
26. Entire Agreement
This document constitutes the entire agreement between you and Sisyphus Consulting Pvt. Ltd., superseding any prior agreements.