Last updated: December 2024
In these conditions "FXiation Digital" means the business process automation services division of Fxiation Digitals Pvt Ltd of 104, Ashirward CHS, Plot No – 99, Sector 16, Koparkhairne, Navi Mumbai, Maharashtra, India upon whose document these conditions are endorsed. The "Customer" or "Client" means the person, firm, company or other body to whom such document is addressed.
2.1 All services are offered and all contracts are entered into subject to the following conditions of business. All other terms, conditions or warranties whatsoever are to the maximum extent permitted by law excluded from the contract or any variation thereof unless expressly accepted by FXiation Digital in writing.
2.2 These conditions shall be incorporated into any contract between FXiation Digital and the Customer to the exclusion of any terms or conditions stipulated or referred to by the Customer.
2.3 Unless otherwise expressly stated in writing, all quotations and estimates supplied by FXiation Digital are invitations to make an offer. The Customer's order is an offer and shall become binding upon acceptance by FXiation Digital.
FXiation Digital provides business process automation consulting and implementation services, including but not limited to: workflow automation design and implementation, system integrations, CRM automation, reporting automation, AI chatbot development, and related consulting services.
4.1 All prices quoted are exclusive of applicable sales taxes. FXiation Digital shall further be entitled to make an adjustment to the quoted price in the event that:
5.1 Automation systems are built using third-party platforms (such as Zapier, Make, or similar tools). The Customer is responsible for maintaining their own subscriptions to these services.
5.2 FXiation Digital is not liable for changes to third-party platform pricing, features, availability, or service interruptions.
5.3 The Customer shall provide FXiation Digital with necessary access credentials and permissions to execute the contracted services. FXiation Digital will handle all access with strict confidentiality.
6.1 To perform our services, we may require access to Customer systems, accounts, and data. The Customer agrees to provide necessary access credentials and permissions.
6.2 FXiation Digital will use client system access solely for project execution and contracted services.
6.3 Access credentials will be handled with strict confidentiality and can be revoked at the Customer's request upon project completion.
6.4 The Customer is responsible for ensuring they have the legal right to grant FXiation Digital access to all systems and data involved in the project.
7.1 Unless otherwise agreed in writing, all times quoted for performance or delivery are given in good faith but are not guaranteed. The Customer shall have no right to damages or to terminate the contract for failure to meet any performance time stated.
7.2 The time for performance shall in every case be dependent upon prompt receipt of all necessary information, access credentials, final instructions or approvals from the Customer.
7.3 FXiation Digital shall not be liable to the Customer for any delay in performance which may result from the Customer's alteration of or failure to timely communicate its requirements or specifications.
8.1 Unless otherwise agreed by FXiation Digital in writing:
8.2 FXiation Digital expressly reserves the right at its sole option to require payment by installments during the performance of the contract.
8.3 The Customer shall pay all amounts owing to FXiation Digital in full and shall not exercise any rights of set off or counterclaim against invoices submitted.
9.1 Any contract between FXiation Digital and the Customer may only be cancelled or varied with the written consent of FXiation Digital and upon the terms of these conditions.
9.2 If the Customer cancels after work has begun, payment is due for all work completed to date. Deposits are non-refundable once work has commenced.
10.1 All transactions for services provided by FXiation Digital are final. Upon the Customer's approval and completion of payment, these transactions are not subject to refunds.
10.2 Approval of work at any stage by the Customer, especially final approval, constitutes acceptance of the services as satisfying contractual obligations.
10.3 FXiation Digital provides revisions within the original scope of the project to ensure the final deliverables meet the client's requirements. These revisions are included in the scope of services and do not qualify for refunds.
10.4 Requests for services outside the initially agreed-upon scope are considered new projects and subject to separate agreements.
11.1 All projects include a 30-day support period after launch for bug fixes related to the original scope.
11.2 Extended support and maintenance is available under separate retainer agreements.
11.3 FXiation Digital does not warrant that automated workflows will be error-free or uninterrupted, as they depend on third-party platforms and systems outside our control.
12.1 To the maximum extent permitted by law, FXiation Digital's entire liability for breach of any express warranty or condition of this contract shall be limited to the amount actually paid by the Customer in accordance with this contract.
12.2 Under no circumstances shall FXiation Digital be liable for any damages whatsoever including but not limited to damages for consequential loss, loss of business profits, business interruption, data loss, or other pecuniary loss arising from automation failures, system errors, or third-party platform issues.
12.3 The Customer shall indemnify and hold harmless FXiation Digital from and against all claims, suits, actions, damages, costs, expenses or proceedings against FXiation Digital arising out of any act or omission of FXiation Digital in connection with any Customer contract.
13.1 Title to the deliverables shall only pass to the Customer upon the Customer paying to FXiation Digital all sums due and payable.
13.2 Upon full payment, the Customer owns all workflows, automations, and documentation created specifically for their project.
13.3 FXiation Digital retains ownership of proprietary methodologies, templates, tools, and know-how developed by or used by FXiation Digital in service delivery.
13.4 The Customer shall indemnify FXiation Digital from and against all actions, claims, costs, and proceedings arising from any infringement of intellectual property rights in respect of any work carried out for the Customer.
The Customer shall be solely responsible for ensuring that all information, advice and recommendations given to FXiation Digital are accurate, correct, and suitable. This includes ensuring all system access credentials provided are valid and that the Customer has the legal authority to grant such access.
Both parties agree to keep confidential any proprietary information shared during the engagement. This obligation survives the termination of our working relationship.
If the Customer files a petition in bankruptcy, becomes insolvent, fails to pay its debts as they come due, or makes an assignment for the benefit of its creditors, FXiation Digital shall be entitled to cancel the contract in whole or in part by notice in writing without prejudice to any right or remedy accrued or accruing to FXiation Digital.
In the event of the performance of any obligation accepted by FXiation Digital being prevented, delayed, or in any way interfered with by government action, war, industrial dispute, strike, breakdown of systems or equipment, accident, or by any other cause beyond FXiation Digital's control, FXiation Digital may at its option suspend performance or cancel its obligations under the contract without liability for any damage or consequential loss resulting therefrom.
18.1 The contract shall be governed and interpreted exclusively according to the laws of the Indian Judiciary and shall be subject to the exclusive jurisdiction of the courts located in Mumbai, India.
18.2 If FXiation Digital files an action against Customer claiming a breach of these Conditions and FXiation Digital prevails, then FXiation Digital shall be entitled to recover reasonable attorney fees and any damages or other relief that FXiation Digital may be awarded.
If any provision of this contract as applied to either party or to any circumstance shall be adjudged by a court to be void or unenforceable, the same shall in no way affect any other provision of this contract or the validity or enforceability of this contract generally.
For questions about these terms, contact us at:
FXiation Digital
A division of Fxiation Digitals Pvt. Ltd.
Email: hello@fxiationdigital.com