Terms of Service
Last updated: May 2025
These Terms of Service ("Terms") govern your use of the website ispecia.com and any services provided by iSpecia Technologies ("iSpecia", "we", "us", or "our"), a company incorporated in Dehradun, Uttarakhand, India. By accessing our website or engaging our services, you agree to be bound by these Terms. If you disagree, please discontinue use immediately.
1. Services
iSpecia Technologies provides technology services including but not limited to: software development, AI/ML engineering, cloud & DevOps, cybersecurity, UI/UX design, digital marketing, mobile app development, SaaS development, game development, and staff augmentation.
Specific deliverables, timelines, and pricing for each engagement are defined in a separate Statement of Work (SOW) or Service Agreement signed by both parties. These Terms apply in addition to any such agreement. In case of conflict, the SOW or Service Agreement prevails.
iSpecia reserves the right to decline any project that conflicts with ethical guidelines, applicable law, or our internal policies.
2. Payment Terms
Project-Based Engagements
Typically structured as milestone-based payments. A deposit (usually 30–50% of the total project fee) is required before work commences. Subsequent payments are tied to defined milestones in the SOW.
Monthly Retainers & Dedicated Teams
Invoiced monthly in advance. Payment is due within 15 days of the invoice date.
Late Payments
Overdue invoices accrue interest at 2% per month on the outstanding balance. iSpecia reserves the right to pause delivery until overdue amounts are settled.
Currency
All invoices are issued in USD unless otherwise agreed. International wire transfers and online payment methods are accepted.
Taxes
Clients are responsible for any applicable taxes, withholding, or levies in their jurisdiction. Indian GST applies where required by Indian tax law.
3. Intellectual Property Ownership
Upon receipt of full payment for a project, iSpecia assigns all intellectual property rights in the custom deliverables — including source code, designs, documentation, and other work product created specifically for the client — to the client.
The following are excluded from IP transfer and remain the property of iSpecia:
- ·Pre-existing code libraries, frameworks, and tools developed independently by iSpecia before the engagement
- ·General methodologies, know-how, and processes not specific to the client's deliverable
- ·Open-source components used under their respective licenses
iSpecia retains the right to reference the project name and general nature of work in its portfolio and marketing materials unless the client requests confidentiality in writing.
4. Confidentiality
Both parties agree to treat as confidential all non-public information disclosed during the engagement, including business plans, technical specifications, source code, financial information, and customer data. This obligation survives termination of the engagement for a period of 3 years.
All iSpecia employees, contractors, and subcontractors with access to client data sign individual NDAs. Client data is processed only on systems with appropriate access controls.
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available without breach; (b) was independently developed; (c) is required to be disclosed by law or court order.
5. Warranties & Representations
iSpecia warrants that:
- ·Services will be performed with reasonable skill and care by qualified professionals
- ·Deliverables will materially conform to the specifications agreed in the SOW
- ·We will not knowingly incorporate third-party materials that infringe any intellectual property rights
The client warrants that they have the legal authority to enter into this agreement, the requirements provided to iSpecia do not violate any third-party rights, and payment information provided is accurate and authorized.
6. Limitation of Liability
To the maximum extent permitted by applicable law, iSpecia Technologies shall not be liable for:
- ·Indirect, incidental, special, or consequential damages
- ·Loss of profits, revenue, or data
- ·Business interruption or loss of goodwill
- ·Damages arising from third-party services, tools, or platforms used in delivery
In no event shall iSpecia's total aggregate liability for any claim exceed the total fees paid by the client to iSpecia in the three months immediately preceding the event giving rise to the claim.
7. Termination
Either party may terminate a project engagement with 30 days written notice. Upon termination:
- ·The client pays for all work completed up to the termination date
- ·iSpecia delivers all completed work product and source files to the client
- ·Outstanding milestone payments become immediately due
- ·Confidentiality and IP provisions survive termination
8. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. The Information Technology Act, 2000 and applicable Indian contract law apply.
Any disputes arising from these Terms or an engagement shall first be resolved through good-faith negotiation between the parties. If unresolved within 30 days, disputes shall be referred to binding arbitration under the Arbitration and Conciliation Act, 1996 of India, with the seat of arbitration in Dehradun, Uttarakhand.
The arbitration shall be conducted in English. Each party bears its own legal costs unless the arbitrator determines otherwise.
9. Modifications to These Terms
iSpecia reserves the right to update these Terms at any time. Changes are effective upon posting to this page with an updated date. Material changes affecting existing clients will be communicated by email with 14 days notice. Continued engagement after notice constitutes acceptance.
10. Contact
Questions about these Terms should be directed to: