Legal Document

Terms & Conditions

Rules governing your use of our website and services

Last Updated: June 2025 ~8 min read Indian Law · Arbitration
Important: These Terms & Conditions govern your use of the Tech Brains website and all services we provide. By accessing our website or engaging our services, you agree to be bound by these terms. These terms are governed by the laws of India.

1 About Tech Brains

Tech Brains is an IT services company offering ERPNext implementation, IT talent outsourcing, cloud deployment, custom development, and related technology services. Our registered office is in India.

2 Acceptance of Terms

By using this website or engaging our services, you confirm that you are at least 18 years of age, have the legal capacity to enter into a binding agreement, and agree to comply with these Terms & Conditions. If you are accessing on behalf of a company, you represent that you have authority to bind that company.

3 Services

Tech Brains provides the following categories of services:

  • IT talent outsourcing and resource staffing (contract, part-time, full-time)
  • ERPNext implementation and configuration
  • Cloud deployment and infrastructure management (AWS)
  • Custom module development on Frappe framework
  • HT-EDU training and corporate upskilling programmes
  • Annual Maintenance Contracts (AMC) and ongoing support

Specific terms for each engagement are agreed upon in a separate Statement of Work (SoW) or Service Agreement signed between the parties.

4 Enquiries & No-Commitment Consultations

Submitting an enquiry form or booking a consultation call does not constitute a service agreement or create any financial obligation on either party. A formal engagement commences only upon execution of a signed agreement or purchase order.

5 Intellectual Property

All content on this website — including but not limited to text, graphics, logos, and service descriptions — is the intellectual property of Tech Brains and is protected under the Copyright Act, 1957, and applicable IP laws of India.

You may not reproduce, distribute, or commercially exploit any content from this website without prior written consent from Tech Brains.

Custom deliverables created for clients are governed by the IP ownership clauses specified in the respective Service Agreement.

6 Confidentiality

Any business information, project requirements, or technical details shared with Tech Brains during enquiries or engagements will be treated as confidential and will not be shared with third parties without your consent, except where required by law. Both parties may sign a mutual NDA if required.

7 Resource Outsourcing Terms

When Tech Brains provides resources (consultants, developers, etc.) on an outsourcing basis:

  • Resources are employees or contractors of Tech Brains and do not become employees of the client.
  • The client shall not directly solicit or hire any Tech Brains resource for a period of 12 months after the end of the engagement without prior written consent and applicable fees.
  • The client is responsible for providing necessary access, tools, and cooperation to enable resource productivity.
  • Performance issues must be notified to Tech Brains within the notice period specified in the agreement for resolution or replacement.

8 Payment Terms

Payment terms for each engagement are specified in the respective Service Agreement or invoice. General terms include:

  • Invoices are payable within the agreed credit period (typically 15–30 days).
  • All fees are exclusive of applicable GST and taxes unless stated otherwise.
  • Delayed payments may attract interest at 18% per annum from the due date.
  • Tech Brains reserves the right to suspend services for non-payment after 30 days of overdue invoices.

9 Limitation of Liability

To the maximum extent permitted by applicable law, Tech Brains shall not be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with the use of our website or services.

Aggregate Cap: Our total liability in any matter shall not exceed the amounts paid by the client in the preceding 3 months for the specific service in question.

10 Disclaimer of Warranties

This website and its content are provided on an "as is" basis without warranties of any kind, express or implied. Tech Brains does not warrant that the website will be error-free, uninterrupted, or free from viruses or other harmful components.

11 Governing Law & Dispute Resolution

These Terms & Conditions are governed by the laws of India. Any disputes arising from these terms or our services shall be first attempted to be resolved through good-faith negotiation.

If unresolved within 30 days, disputes shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996, with the seat of arbitration in India. The courts of competent jurisdiction in India shall have exclusive jurisdiction over matters not referred to arbitration.

12 Force Majeure

Tech Brains shall not be held liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, power failures, internet outages, or pandemics.

13 Amendments to Terms

Tech Brains reserves the right to modify these Terms & Conditions at any time. Changes will be effective upon publication on this website. Your continued use of our website or services after changes constitutes acceptance of the revised terms.

14 Contact Us

For any questions or clarifications regarding these Terms & Conditions, please contact us through any of the following channels: