Terms and Conditions

1.1 TenG Spectrum LLP (“the Company”), which also operates under the brand name "10G Spectrum" and owns the domains 10gspectrum.com and tengspectrum.com, provides professional services including but not limited to website development, app development, software solutions, digital marketing, SEO, branding, automation tools, and related IT services.

1.2 The scope of services for each client engagement shall be defined in a separate written agreement or contract. Such documentation will specify the nature of services, expected deliverables, timelines, payment terms, and any applicable special conditions agreed upon by both parties.

1.3 The Company reserves the right to modify its service offerings, terms, or policies at any time, provided such changes do not affect ongoing engagements unless agreed mutually in writing.

2.1 Provision of Accurate and Complete Information:

1. The client shall provide accurate, complete, and timely information necessary for the execution of the services.
2. TenG Spectrum LLP shall not be held responsible for delays, errors, or consequences resulting from incorrect or incomplete information provided by the client.
3. Clients acknowledge that such information is crucial for successful and timely delivery of services.

2.2 Adherence to Guidelines, Policies, and Requirements:

1. The client shall follow all technical, legal, and procedural guidelines, as well as project-specific instructions shared by TenG Spectrum LLP.
2. Non-compliance may result in service delays, extra charges, or termination of services without liability on the part of the Company.

2.3 Obtaining Licenses and Permissions:

1. The client is solely responsible for securing legal rights, licenses, and permissions for any third-party materials, content, or assets used in the project.
2. TenG Spectrum LLP shall not be held liable for any legal issues, claims, or penalties arising due to unauthorized or unlicensed material submitted by the client.

2.4 Compliance with Copyright and Intellectual Property Laws:

1. Clients guarantee that all assets shared with the Company, including but not limited to logos, graphics, text, and media, are either their own or legally acquired with necessary permissions.
2. The client shall indemnify and hold harmless TenG Spectrum LLP from any third-party claims or legal proceedings arising from intellectual property violations caused by client-provided content.

2.5 Non-Disclosure and Confidentiality:

1. All confidential, proprietary, or sensitive information exchanged between the client and TenG Spectrum LLP during the project shall be treated with strict confidentiality.
2. Such information shall not be disclosed to any unauthorized party or used for any purpose other than the scope of the agreed services, without prior written consent.

2.6 Non-Compete and Non-Solicitation:

1. The client agrees not to directly engage in or initiate competitive business practices that conflict with the interests of TenG Spectrum LLP during the course of the project and for 12 months thereafter.
2. The client also agrees not to hire, solicit, or attempt to solicit any employee, contractor, or consultant associated with TenG Spectrum LLP without prior written approval.

2.7 Provision of Access Credentials:

1. The client must provide all required access credentials, including domain, hosting, CMS, social media, and any relevant digital assets, to enable project commencement.
2. Failure to provide access within a reasonable period may lead to project delays or suspension.
3. If access credentials are not shared for a period exceeding 3 months, the project will be considered void and marked as non-continuable without a new quote and invoice.
4. TenG Spectrum LLP shall not be liable for missed timelines or non-performance caused by the client's failure to provide timely access.

By agreeing to these terms, the client acknowledges their obligations and understands that failure to comply may lead to termination of services or other lawful remedies as per the Company’s discretion.

For clarification, reach out at [email protected].

3.1 All intellectual property rights, including but not limited to copyrights, trademarks, source code, and proprietary methodologies, related to any services, materials, or deliverables provided by TenG Spectrum LLP ("the Company") shall remain the sole and exclusive property of the Company unless explicitly agreed upon in writing.

3.2 The Client is granted a limited, non-transferable, non-exclusive license to use the deliverables for its intended purpose only. Under no circumstances shall the Client reproduce, distribute, sublicense, reverse-engineer, or create derivative works from any material provided by the Company without prior written authorization.

3.3 The Company reserves the right to showcase the Client's project or portions thereof (excluding any confidential or sensitive information) in its portfolio, case studies, social media, marketing collateral, and on third-party platforms for promotional purposes unless otherwise agreed in writing.

4.1 To the maximum extent permitted by applicable law, and without affecting your rights as a consumer, you agree that you will not under any circumstances hold TenG Spectrum LLP, its officers, directors, employees, agents, licensors, subcontractors, or third-party service providers liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or similar damages. This includes, but is not limited to, loss of profits, data, business interruption, reputational harm, cost savings, or loss of revenue—even if such damages were foreseeable or if we were advised of the possibility.

4.2 This limitation includes damages resulting from (i) service delays or unavailability, (ii) force majeure events, (iii) hardware/software failures, (iv) hosting or internet issues, (v) acts or omissions by the client, their representatives, or third parties, (vi) misuse, modification, or miscommunication by the client, and (vii) content or code provided by the client or external sources not reviewed by TenG Spectrum LLP.

4.3 TenG Spectrum LLP shall not be liable for any issues, errors, legal infringements, bugs, data losses, or downtime caused by third-party integrations, plugins, APIs, content management systems (CMS), platforms, themes, scripts, stock assets, or hosting providers used at the client’s request or integrated into the service. Clients are solely responsible for assessing and managing the use of such external tools or services.

4.4 The Client is solely responsible for backing up their data unless otherwise agreed in a signed contract. TenG Spectrum LLP shall not be liable for any loss of data, emails, files, credentials, or assets hosted on external servers or transferred through insecure channels.

4.5 If any service complication or disruption is caused by the client, their internal systems, or any third-party service outside the control of TenG Spectrum LLP, the Company will not be held liable. In such cases, any ongoing service commitments may be suspended or terminated, and the Client shall bear the full responsibility for resolution or continuity.

4.6 In the case of maintenance services:

• Free or Promotional Maintenance: The Company provides limited support only for basic updates and will not be liable for any technical issues, data losses, breakdowns, or consequences arising during or after the promotional period.
• Paid Maintenance: The Company’s liability shall not exceed 50% of the total maintenance fee paid, and only for issues proven to be caused directly by the Company’s actions.

4.7 The Company shall not be liable to provide support, refunds, service extensions, or compensation if a properly functioning product or service is later disrupted due to:

• Client-side changes or mismanagement, including file deletion, plugin installations, or hosting modifications.
• Delays caused by the client, including unresponsiveness, missed deadlines, or failure to provide required assets/content.
• Use or access by unauthorized persons or service providers not endorsed by the Company.

4.8 If TenG Spectrum LLP has properly delivered the service(s), and any issue arises thereafter from the client side, no claim for damage, refund, or liability shall be accepted. Responsibility ends upon confirmed delivery unless otherwise specified in a signed post-maintenance agreement.

4.9 In no event shall the total liability of TenG Spectrum LLP, whether in contract, tort, or otherwise, for all claims combined exceed the total fees actually paid by the Client for the affected service(s) within the twelve (12) months prior to the event giving rise to the claim. If no payment was made, no liability shall exist.

4.10 Some jurisdictions do not allow certain limitations of liability, so in such cases, our liability will be limited to the minimum extent permitted by law. None of these limitations affect your statutory rights as a consumer under applicable Indian law.

5.1 The Company accepts digital payments only—via UPI, IMPS, NEFT, Bank Transfer, or through authorized payment gateways such as Stripe or PhonePe—to our official business account. No cash payments will be accepted under any circumstances.

5.2 By making any payment, the Client agrees to be bound by the full Terms & Conditions of the Company. Payments made via gateway platforms require manual consent by checking the terms agreement checkbox before transaction.

5.3 Refunds, if eligible and approved, will be processed within 7 business days. Any transactional, service, or administrative fees will be deducted before issuing the refund.

5.4 Refund Policy on Cancellation:

• Cancellation within 3 days: 15% of the payment will be deducted.
• Cancellation within 7 days: 50% of the payment will be deducted.
• Cancellation after 7 days but before 14 days: 75% deduction.
• Cancellation after 14 days: No refund will be issued.

5.5 Project Payment Milestones:

• 70% advance before project commencement.
• 15% upon mid-project completion.
• 15% before the final delivery or launch.
• The Company reserves the right to withhold delivery until full payment is received.

5.6 If services are terminated due to non-payment, the following conditions shall apply:

• A late fee of 3% will be added every 14 calendar days on the outstanding balance.
• Access to deliverables, files, and services will remain suspended until full dues, including penalties, are cleared.

5.7 No refund will be granted if services are suspended or terminated due to violation of these Terms.

5.8 All payment-related communications, disputes, and requests must be sent to [email protected]. Any communication sent elsewhere (e.g., WhatsApp, calls, or other emails) shall not be considered official and may be disregarded.

5.9 The Company will not commence new projects or provide additional services to Clients with any outstanding dues, regardless of project urgency or communication.

5.10 In the event of the death, incapacitation, or legal disqualification of the authorized representative of either party, the legal heir, nominee, or successor shall assume financial responsibility for any pending dues or obligations. If an invoice has been issued, the responsibility to settle it remains enforceable.

6.1 The Client agrees that all information, materials, files, designs, discussions, and intellectual property shared by the Company are strictly confidential ("Confidential Information").

6.2 The Client shall not disclose, reproduce, or distribute any Confidential Information without prior written approval. This obligation continues beyond the termination of the Agreement.

6.3 Use of any confidential material is limited solely to the project or service at hand. No portion may be copied, shared, or used in any other context without explicit permission.

6.4 Communications containing financial, project, or confidential details must be conducted via official Company-approved channels, including [email protected]. Messages sent through other channels (such as WhatsApp or personal email) will not be accepted as formal instructions or confirmations.

6.5 Any known or suspected breach of confidentiality must be reported to the Company immediately.

6.6 Breaches of confidentiality may result in legal action, including but not limited to damages, injunctions, or contract termination.

6.7 This section does not apply to information that is (a) already in the Client’s possession before disclosure, (b) publicly known, or (c) lawfully received from a third party not in breach of obligations.

6.8 These confidentiality obligations shall survive indefinitely, including beyond the term or termination of any project or agreement.

TenG Spectrum LLP strives to maintain professional, cooperative, and beneficial relationships with all clients. However, certain actions or omissions may necessitate the suspension or termination of services. Termination may occur under the following conditions, with or without prior notice based on the severity of the breach:

7.1 Breach of Terms and Misconduct:

• Any repeated violation of these Terms & Conditions, service-level agreements, or signed proposals.
• Disrespectful or abusive behavior, threats, defamation, or harassment toward TenG Spectrum LLP staff, contractors, or management.
• Attempting to bypass official payment methods or unlawfully accessing our systems, platforms, or tools.

7.2 Lack of Timely Communication:

• If a client fails to provide essential feedback, files, or approvals within 30 days of request, we may terminate services.
• Any period of inactivity or non-response after project initiation, without formal notice, will be deemed abandonment.

7.3 Termination Due to Non-Payment:

• Failure to clear invoices by the due date will result in service suspension.
• A late payment fee of 3% will be added every 14 days from the due date until dues are cleared in full.
• We retain full rights over all deliverables until all dues and penalties are cleared. Access will be restored only upon full settlement.

Upon termination, all files, data, code, or credentials created or managed by TenG Spectrum LLP will remain inaccessible until all outstanding dues, if any, are paid. We are under no obligation to preserve, backup, or transfer such data post-termination.

TenG Spectrum LLP reserves the right to initiate termination without refund or liability if the client violates these terms or behaves in a manner that compromises the integrity, efficiency, or staff safety of our company.

8.1 This Agreement shall be governed by and interpreted solely under the laws of the Republic of India.

8.2 Any disputes arising under this Agreement shall be subject exclusively to the jurisdiction of the courts in Pathanamthitta, Kerala, India.

9.1 If any provision or clause of this Agreement is found to be unlawful, void, or unenforceable under any applicable law, such provision shall be deemed severable, and the remaining clauses shall remain in full force and effect.

10.1 This Agreement, along with your accepted quotation, project proposal, and any email-based confirmations, forms the full, binding agreement between the Client and TenG Spectrum LLP.

10.2 No other representations or statements, oral or written, shall be valid unless formally agreed upon via our official communication channels.

11.1 TenG Spectrum LLP offers software and website maintenance services on an annual contract basis. This includes bug fixes, content updates, basic plugin/module updates, and minor design adjustments. The scope may vary as per the chosen maintenance tier.

11.2 Annual Pricing Policy:

• All maintenance contracts are valid for 12 months from the payment date.
• Prices are subject to change due to inflation, vendor rate increases, currency fluctuations, and company policy.
• Clients agree that pricing in subsequent years may increase without prior notice, although we will attempt to inform clients at least 15 days in advance.

11.3 Scope of Basic Promotional Maintenance (if offered):

• Includes up to 2 content or image updates per month, minor bug fixes, and plugin updates within supported CMS environments.
• Promotional or free maintenance is limited and provided at the company's discretion, typically for a period not exceeding 30–60 days.
• Does not include security audits, backup recovery, performance optimization, SEO corrections, or UI redesigns.

11.4 Exclusions from Maintenance:

• Client-induced errors, third-party integrations or tools, domain/DNS misconfiguration, or malware from unauthorized plugin/theme usage.
• Major platform upgrades or full redesigns.
• Server-level issues outside our control such as hosting failures or external vendor outages.

11.5 Delivery Timeline for Maintenance Tasks:

• Updates will be delivered within 5–7 working days from request submission unless marked urgent and approved for faster processing.

11.6 Liability Clause:

The Company shall not be held responsible for any losses, bugs, or downtime occurring during or post-maintenance unless clearly proven to be due to negligence by TenG Spectrum LLP staff. Any such claim must be made within 7 days of task completion.

12.1 All agreements, clarifications, changes, and approvals are considered legally binding only if issued or confirmed via our official email: [email protected] or [email protected].

12.2 Any service confirmations, additional requests, or negotiated terms discussed via phone, chat, or in-person shall only be valid if restated and acknowledged via email.

12.3 The email conversation between the Client and TenG Spectrum LLP, along with the accepted quote and this Terms & Conditions document, shall together form the complete service agreement applicable to the specific product, service, or project requested by the Client.

12.4 Any changes to these Terms must be agreed upon by both parties via email and may be revised from time to time without prior public notice. Clients are encouraged to review the Terms periodically at www.10gspectrum.com.

13.1 The quotes provided by TenG Spectrum LLP ("Company") are valid for a period of 7 days from the date of issuance, unless otherwise specified. After the expiration of the quote, the Company reserves the right to revise the pricing and terms.

13.2 The prices quoted by the Company are exclusive of any applicable taxes, fees, or additional charges, unless expressly stated otherwise. The Client shall be responsible for the payment of all such taxes, fees, and charges as required by law.

13.3 To proceed with the project and secure the services of the Company, the Client shall be required to make a payment as specified in the quote or proposal. The payment terms, including the amount and due dates, will be clearly outlined in the quote or proposal.

13.4 The Company reserves the right to revise the quote or proposal if there are changes or modifications to the project scope, requirements, or specifications. Any additional work requested by the Client that falls outside the scope of the original quote or proposal may result in additional charges and a revised quote or proposal.

13.5 The Client acknowledges that any delays or failure to provide necessary information, materials, or approvals required for the project may result in delays in the delivery of services and may impact the project timeline and pricing. The Company shall not be held responsible for any such delays or associated costs.

13.6 In the event of project cancellation or termination by the Client, the Client shall be responsible for payment based on the work completed up to the cancellation or termination date, as well as any applicable cancellation fees or costs incurred by the Company.

13.7 The Company reserves the right to suspend or terminate the provision of services if the Client fails to make timely payments as specified in the quote or proposal. In such cases, the Company shall not be held liable for any damages or losses incurred by the Client.

13.8 Any changes or modifications requested by the Client after the acceptance of the quote or proposal may result in additional charges and may require a revised quote or proposal.

13.9 The Company shall make best efforts to deliver the agreed-upon services within the specified timeline. However, the timeline provided is an estimate and may be subject to change based on factors beyond the Company's control. The Company shall not be held liable for any delays in delivery beyond its reasonable control.

13.10 All intellectual property rights, including copyrights, trademarks, and any other proprietary rights, related to the deliverables or services provided by the Company shall remain the property of the Company unless otherwise agreed in writing.

13.11 The quote provided by the Company is not a binding agreement or a legally enforceable contract until the Client signs the registration form and agreement, which will be provided by the Company upon the Client's satisfaction with the quote.

13.12 The registration form and agreement shall outline the detailed terms and conditions, project specifications, deliverables, payment terms, and any other relevant provisions. The Client is required to carefully review and sign the registration form and agreement to proceed with the project.

13.13 Upon receiving the signed registration form and agreement from the Client, the Company will commence the project as per the agreed-upon terms. Any changes or modifications to the project scope, timeline, or pricing shall be documented and agreed upon in writing by both parties.

13.14 The Client understands and acknowledges that the quote provided by the Company is an estimate based on the information and requirements provided by the Client. The final pricing and terms will be determined after the completion of the detailed project assessment and upon mutual agreement between the Client and the Company.

13.15 The Client agrees to provide accurate and complete information during the registration process and to promptly notify the Company of any changes or updates to the provided information. The Company shall not be held liable for any discrepancies or issues arising from inaccurate or outdated client information.

13.16 The Client acknowledges that any delays in signing the registration form and agreement may result in delays in commencing the project and the availability of resources. The Company shall not be held responsible for any such delays or associated consequences.

13.17 The registration form and agreement shall supersede any previous discussions, negotiations, or correspondence related to the project. Any amendments or modifications to the registration form and agreement shall be made in writing and duly signed by both parties.

By accepting a quote or proposal from TenG Spectrum, the Client acknowledges and agrees to the terms and conditions outlined in this section, including the payment terms, project scope, and associated responsibilities.

14.1 The Company shall make reasonable efforts to complete the project within the agreed-upon timeline. However, the timeline estimations based on initial project assessment. However, these estimations are subject to change based on the actual complexity of the project as it progresses. Project complexity factors include but are not limited to technical requirements, design complexity, integration with third-party systems, and scope adjustments.

14.2 The Company explicitly reserves the right to extend project timelines based on various factors including but not limited to:

1. Project complexity exceeding initial assessment
2. Client requests for additional features or modifications
3. Technical challenges or unforeseen complications
4. Integration issues with third-party services or APIs
5. Delays in receiving client feedback, approvals, or required materials
6. Resource allocation adjustments necessitated by project requirements
7. Force majeure events including natural disasters, pandemics, or other circumstances beyond reasonable control

14.3 Client Communication about Timeline Changes: The Company will make reasonable efforts to communicate timeline extensions to the Client. However, the Client acknowledges that development timelines are estimates and not contractual deadlines unless explicitly stated in writing as guaranteed delivery dates with associated penalties.

14.4 Any delays caused by the Client's failure to provide required information, materials, approvals, or access credentials shall not be the responsibility of the Company and will automatically extend the project timeline proportionately. Such delays include but are not limited to:

1. Delayed provision of content, images, or other materials
2. Delayed feedback on designs, prototypes, or development milestones
3. Delayed testing or approval of completed work
4. Changes to project requirements after work has commenced

14.5 The Company reserves the right to place a project on hold if the Client fails to provide the necessary inputs, feedback, or approvals required for the continuation of the project.

14.6 Projects placed on hold for more than 30 days may require a reactivation fee and timeline reassessment upon resumption, reflecting any changes in costs, requirements, resource availability, or market conditions during the hold period.

14.7 Projects that remain on hold for a period exceeding 3 months due to client inaction or non-response will be considered abandoned. Continuation of abandoned projects will require a new proposal, quote, and contract agreement.

14.8 The Client acknowledges that project timelines are dependent on prompt approval of each development phase or milestone. Delays in approving completed phases will result in corresponding extensions to the overall project timeline.

At TenG Spectrum LLP, we are committed to offering premium, secure, and reliable digital solutions. As part of our internal compliance, security, and onboarding procedures, we have implemented a mandatory Know Your Customer (KYC) process for all clients.

15.1 Clients are required to complete the KYC process during onboarding. This process helps us verify the identity and legitimacy of individuals and businesses before establishing a working relationship.

15.2 KYC verification is mandatory. Failure to complete or provide valid KYC documentation will result in rejection or suspension of services. Clients who do not complete KYC are not eligible to be onboarded or retained as active clients of TenG Spectrum LLP.

15.3 Why KYC is required:

• To prevent fraud, scams, or impersonation
• To ensure regulatory compliance as per Indian laws, particularly for digital services, software, and IT businesses
• To build trust, credibility, and long-term professional relationships with clients
• To enable faster and more secure onboarding processes

15.4 All submitted KYC data will be securely stored on our encrypted digital infrastructure and will only be used for business verification, documentation, and internal compliance purposes.

15.5 In the event of any change in ownership, authorized personnel, or business registration associated with an existing client, a re-KYC process will be mandatory for continuity of service.

15.6 Please note that KYC communication will only occur via official TenG Spectrum LLP email addresses under the domains tengspectrum.com or 10gspectrum.com. We do not send KYC links, updates, or alerts via SMS, WhatsApp, or other third-party messaging platforms.

15.7 The KYC process is solely conducted to comply with company policy and applicable legal and technical standards, and is in no way intrusive or misused for personal outreach.

16.1 TenG Spectrum LLP reserves the right to modify, update, or revise these Terms and Conditions at any time, with or without prior public notice. All updates will be posted on our official website(s) and communicated via email wherever applicable.

16.2 By continuing to use our services after receiving such notifications, clients automatically agree to the revised Terms and Conditions. Your continued engagement with TenG Spectrum LLP services implies your acceptance of any and all future updates made to this document.

16.3 You do not need to provide explicit consent each time a change is made. By agreeing to the initial version of our Terms & Conditions and continuing to use our services thereafter, you are contractually bound to adhere to any modified terms that may follow.

16.4 Clients are encouraged to regularly review the Terms and Conditions on our website to stay informed about any changes. We are not liable for your failure to review updated terms.