Terms of Service

1. About Amionyx

Amionyx (“we”, “us”, “our” or “the Company”) is a digital marketing agency and software company in Indore, India, providing digital marketing, AI development, web and mobile app development, UI/UX design, cloud and DevOps, IT consulting and offshore talent services through amionyx.com and related pages.

By using our website, submitting a form, engaging our services or signing a service agreement with us, you (“Client”, “User” or “you”) agree to these terms in full. If you don’t agree, please don’t use our services.

2. Acceptance of terms

These terms are a legally binding agreement between you and Amionyx under the laws of India, including:

• The Information Technology Act, 2000 and its amendments
• The Information Technology (Amendment) Act, 2008
• The Consumer Protection Act, 2019
• The Indian Contract Act, 1872
• The Digital Personal Data Protection Act, 2023 (DPDP Act)
• Any other applicable Indian law

3. Services

3.1 General

The scope, deliverables, timelines and price of each engagement are agreed individually and sent to you as a proposal, quotation or Statement of Work (SOW) before work begins.

3.2 Project-specific conditions

The terms of each project can vary with its nature, scope and complexity. Scope, timelines, revisions, technology and deliverable formats are agreed per engagement and recorded in the SOW or service agreement, which override these general terms where they conflict.

• Scope is defined per project and can change by mutual written agreement
• Revision limits, if any, are set out in the SOW
• Technology, hosting and third-party dependencies vary per project
• Turnaround times are estimates unless committed to in writing
• All project agreements must be in writing (email counts)

4. Payment terms

4.1 Fixed-price projects

For projects with a defined scope, we provide a fixed quotation before work begins. Payment milestones (typically 50% in advance and the balance on delivery) are set out in the SOW. Work starts once the advance payment is received.

4.2 Hourly billing for talent

When you hire talent through Amionyx on an hourly or time basis, the rate, billing cycle, currency and any minimum commitment are agreed in writing before the person starts.

• Rates start at $1/hr for entry-level roles and are confirmed for each hire
• Billing is weekly, fortnightly or monthly, as agreed at the start
• Invoices are based on timesheets or tracked hours
• Disputed hours must be raised within 3 business days of receiving the invoice
• Payment is due within 7 days of the invoice unless agreed otherwise in writing
• Payments more than 14 days late may attract a late fee of 2% a month on the outstanding amount
• The currency (INR, USD or other) is agreed per engagement

4.3 Retainers and ongoing work

For retainers and ongoing engagements, the billing frequency, amount and rollover policy are set out in the retainer agreement. Unused hours don’t roll over unless agreed in writing.

4.4 Taxes

Prices exclude taxes. For clients in India, GST at the applicable rate is added to invoices. International clients aren’t charged Indian GST but are responsible for any taxes in their own jurisdiction.

5. Cancellations and refunds

• Projects cancelled after work has started are billed for the work completed
• Advance payments are non-refundable once a project is in active development, except at our discretion
• Talent engagements can be cancelled with the notice period set out in the SOW (typically 7 days)
• If we can’t deliver for reasons on our side, we refund in full any amount paid for undelivered work

6. Talent hiring

• We vet all talent before placement, but can’t guarantee specific outcomes or performance
• If placed talent isn’t a good fit within the first 14 calendar days, we replace them at no extra cost
• Placed talent remains employed by or contracted to Amionyx; clients don’t enter into a direct employment relationship with them unless agreed separately in writing
• Clients must not hire or engage Amionyx-placed talent directly for 12 months after the engagement ends, except with our written consent
• Ownership of work created by placed talent is governed by the engagement agreement

7. Intellectual property

Once all fees are paid, the original work created specifically for you and defined in the SOW is assigned to you. Amionyx keeps the rights to:

• Pre-existing tools, frameworks, libraries and methods used to create the deliverables
• Generic, reusable code not created specifically for you
• Show the completed work in our portfolio, unless you ask in writing for it to stay confidential

8. Confidentiality and NDAs

We treat all client information as confidential and are happy to sign a non-disclosure agreement before sensitive conversations. Our team is bound by confidentiality obligations. We share client information only as needed to deliver the agreed services (for example with hosting or payment providers) or when the law requires it.

9. Limitation of liability

To the extent Indian law allows, Amionyx’s total liability for any claim arising from our services is limited to the fees you paid for the specific service that gave rise to the claim. We are not liable for:

• Indirect, consequential or incidental damages
• Loss of revenue, profit, data or business opportunity
• Delays caused by late feedback, content or approvals from the client
• Failures of third-party services, such as hosting outages or payment gateway issues
• Errors caused by inaccurate information provided by the client

10. Warranties

We warrant that our services will be delivered with reasonable skill, care and professionalism, as set out in the SOW. We don’t warrant that they will be error-free or uninterrupted, or meet requirements not agreed in writing. You’re responsible for testing deliverables before using them in production.

11. Client responsibilities

• Provide accurate, complete and timely information, content and access
• Hold the licences and permissions needed for any material you give us
• Review and approve deliverables promptly (late approvals may affect timelines)
• Keep login details and access you share with us secure
• Not use our services for any unlawful purpose

12. Prohibited use

You may not use our services to:

• Create products or content that are illegal, fraudulent, defamatory or harmful
• Infringe anyone’s intellectual property
• Break any Indian or international law
• Scrape data, send spam or otherwise harm others
• Misrepresent your identity or your authority to engage us

13. Dispute resolution

If a dispute arises, both parties will first try to resolve it through good-faith negotiation within 30 days of written notice. If that fails, the dispute goes to arbitration under the Arbitration and Conciliation Act, 1996, seated in India and conducted in English.

14. Governing law and jurisdiction

These terms are governed by the laws of India. Proceedings not resolved by arbitration are subject to the exclusive jurisdiction of the competent courts in India. For matters under the Consumer Protection Act, 2019, the relevant consumer forums have jurisdiction.

15. Changes to these terms

We may update these terms at any time. Changes are posted on this page with a new date. Continuing to use our services afterwards means you accept the revised terms. For active engagements, we’ll tell you about material changes by email.

16. Termination

Either party may end an engagement with written notice, as set out in the SOW. We may suspend or end services immediately if a client breaches these terms, doesn’t pay when due or behaves in a way that harms our team or reputation. On termination, fees for completed work become due immediately.

17. Force majeure

Neither party is liable for delays or failures caused by events beyond their reasonable control, including natural disasters, government action, internet or infrastructure outages and pandemic restrictions. The affected party must notify the other in writing within 5 business days.

18. Entire agreement

These terms, together with any SOW or service agreement, are the entire agreement between the parties on this subject and replace all earlier communications and agreements. No verbal promise is binding.

19. Contact us

For questions about these terms, email hello@amionyx.com. We reply to legal queries within 5 business days. See also our Privacy Policy.