Mashmalo Technology - IT Solutions Company

This Master Services Agreement ("Agreement") is entered into by and between:

Mashmalo Technology ("Company", "we", "us", or "our"), an IT services and digital solutions provider based in Gurugram, Haryana, India;

AND

The Client ("you", "your"), being any individual, business, or entity engaging Mashmalo Technology for professional services.

By accessing our website, requesting a quotation, making a payment, or using our services, you confirm that you have read, understood, and agreed to be bound by these Terms & Conditions. This Agreement supersedes all prior discussions, communications, or understandings.

1

DEFINITIONS

Services: Website development, app development, digital marketing, SEO, UI/UX design, hosting assistance, maintenance, consulting, and support.
Project Proposal: Written scope, timeline, deliverables, and pricing shared by Mashmalo Technology.
Deliverables: Final outputs such as websites, source code, applications, designs, or reports.
Client Content: Text, images, data, credentials, branding, or materials provided by the Client.
Company IP: Mashmalo's pre-existing tools, frameworks, libraries, methodologies, and know-how.
Custom IP: Custom code or designs created specifically for the Client's project.
Change Order: Written approval for any work outside the original scope.

2

SCOPE OF SERVICES & CHANGE REQUESTS

2.1 All services are governed strictly by an approved Project Proposal.

2.2 Any additional request beyond scope requires a Change Order with revised cost and timeline.

2.3 Delays caused due to missing content, approvals, or feedback from the Client will extend timelines accordingly. Mashmalo is not liable for such delays.

3

CLIENT RESPONSIBILITIES

Provide accurate and lawful content in a timely manner
Assign a single point of contact
Ensure ownership or license of all materials shared
Approve milestones and feedback within 5 business days
Comply with third-party platform rules (Google, Meta, Apple, etc.)

Note: Failure to comply may result in delays or additional charges.

4

ACCEPTABLE USE & PROHIBITED CONTENT

The Client agrees not to use Mashmalo services for content or activities that are:

Illegal, misleading, defamatory, obscene, or abusive
Infringing on intellectual property rights
Harmful to minors or national security
Fraudulent, deceptive, or malicious
Containing malware or harmful code

Mashmalo reserves the right to suspend services for violations.

5

SERVICE-SPECIFIC TERMS

5.1 Digital Marketing

No guaranteed rankings, traffic, or ROI
Two revision rounds included unless stated otherwise
Ad spend and third-party fees are Client's responsibility

5.2 Website SEO Disclaimer

Only basic SEO setup included by default
Advanced or page-level SEO requires a separate agreement
Mashmalo does not guarantee search engine rankings

5.3 App Store Submissions

Client must provide developer accounts
Approval is subject to Google/Apple policies
Mashmalo is not liable for store rejections or delays

6

INTELLECTUAL PROPERTY

Company IP remains the sole property of Mashmalo
Custom IP ownership transfers only after full payment
Mashmalo may showcase completed projects in its portfolio
Reuse of proprietary components outside scope is prohibited

7

HOSTING, DOMAIN & SERVER TERMS

Client is responsible for renewals and ownership
Free hosting (if offered) is time-limited and discretionary
Mashmalo may charge migration or transfer fees
Paid hosting targets 99.5% uptime (excluding force majeure)
Mashmalo is not responsible for third-party server failures

8

FEES, PAYMENTS & TAXES

All prices exclude GST (18% applicable)
Payments are non-refundable
Late payments attract 5% monthly penalty
Work may be suspended for overdue invoices

9

TESTING, ACCEPTANCE & WARRANTY

UAT period: 15 business days
Project deemed accepted after UAT expiry
30-day bug-fix warranty (scope-limited)
Warranty void if modified by Client or third party

10

FREEBIES & PROMOTIONAL OFFERS

Freebies are non-contractual and time-limited
No warranty or support unless stated
Mashmalo may withdraw freebies at discretion
Branding attribution may apply

11

SUPPORT & MAINTENANCE

Support scope defined in quotation
Major changes excluded
Post-handover modifications void support obligations
Additional fixes may be chargeable

12

CONFIDENTIALITY & DATA PROTECTION

Both parties must maintain confidentiality
Data handled per India's DPDPA, 2023
Confidentiality survives termination for 5 years

13

TERMINATION

Client cancellation attracts applicable charges
Non-response for 30 days may be treated as abandonment
Mashmalo may terminate for non-payment or breach

14

LIMITATION OF LIABILITY

Liability capped to fees paid by Client
No indirect or consequential damages
Client indemnifies Mashmalo for content misuse

15

GOVERNING LAW & DISPUTE RESOLUTION

Governed by Indian law
Jurisdiction: Kolkata High Court
Arbitration under Arbitration & Conciliation Act, 1996

16

GENERAL TERMS

Force Majeure applicable
Non-solicitation of Mashmalo staff (1 year)
Independent contractor relationship
Entire agreement clause applies

Use of Third-Party Software, Templates & Source Code

Mashmalo Technology may utilize licensed third-party software, templates, frameworks, plugins, libraries, or source code components obtained from reputable marketplaces or vendors to accelerate development and meet project timelines.
These components may include commercially licensed products from marketplaces such as CodeCanyon, ThemeForest, or similar platforms, as well as commonly used open-source frameworks and development libraries.
Such components may be customized, modified, integrated, or extended as part of the Client's project deliverables.
The Client acknowledges that certain parts of the project may rely on third-party software or frameworks and may remain subject to their respective licenses and terms of use.

Custom Development & Modifications

Mashmalo Technology may create custom features, modules, integrations, or functionality as required for the Client's project. These custom components may be developed independently or built on top of existing frameworks, templates, or third-party software.
Custom development may include modifications, enhancements, integrations, or additional functionality tailored specifically for the Client's requirements.
Ownership of such custom-developed components shall transfer to the Client only after full payment for the project has been received, unless otherwise agreed in writing.

17

CONTACT INFORMATION

Mashmalo Technology

IT Park, Sector 44, Gurugram, Haryana – 122003

Email: admin@mashmalo.com

Phone: +91 92428 35137

📋 Terms & Conditions