Terms & Conditions

These Terms & Conditions (the "Terms") govern your use of bymond.com (the "website") and, where no more specific agreement applies, the technology services provided by Bymond Private Limited ("Bymond", "we", "us" or "our").

By using the website, submitting an enquiry, accepting a quotation, or instructing us to begin work, you agree to these Terms. If you are entering into an engagement on behalf of an organisation, you confirm that you are authorised to bind that organisation, and "you" refers to that organisation.

Bymond works under a range of commercial arrangements. Larger or more sensitive engagements are usually documented in a signed agreement, which may include a master services agreement, non-disclosure agreement, statement of work, service level agreement or data processing agreement. Smaller and more standard pieces of work may proceed on the basis of an accepted quotation or order form without a separate negotiated contract. Not every project has a signed agreement, and nothing on this page should be read as implying that one exists.

Where more than one document applies to an engagement and there is a conflict between them, the more specific document prevails, in the following order of precedence:

1. a signed agreement between you and Bymond, such as a master services agreement;
2. the statement of work, order form, quotation or service agreement applicable to the specific engagement;
3. the service-specific terms and policies applicable to a particular product or service you are using;
4. these Terms and the other policies published on this website.

The website is provided for information about Bymond and our services. You may view, download and print pages for your own reference and for evaluating whether to work with us.

You agree not to:

• use the website in a way that breaches applicable law or infringes the rights of others;
• attempt to gain unauthorised access to the website, our systems, or any system or network connected to them;
• interfere with the operation or availability of the website, including through automated attacks or excessive automated requests;
• copy, republish or redistribute the content of the website as your own, or use it to train or build a competing offering, other than as permitted by our Intellectual Property Policy;
• submit false information, or submit confidential information, credentials or personal data belonging to others through the enquiry form.

Monitoring of website use

We record and monitor use of this website. That includes the IP address you connect from, the pages you view and the order you view them in, the source that referred you, and your browser and device information. It applies to every visitor from the moment a page loads, and there is no mode in which the site serves you pages without recording the request.

By using this website you accept that this happens. If you do not want your use of the site recorded, the remedy is not to use it. We do not attempt to identify you personally from this information, and we hold no name or contact details for you unless you send them to us. See the Privacy Policy, which also sets out the rights you have in relation to personal data and how to raise a grievance.

Acceptable conduct in relation to security testing is set out in our Security & Responsible Disclosure page.

Our services are intended for businesses, institutions and professional users, and for individuals who are legally capable of entering into a binding contract. Our customers are primarily organisations, although individuals may also purchase services. If you are not able to enter into a binding contract under the law that applies to you, you should not use the website to request services.

Bymond provides technology services, which may include software development and custom software engineering, cloud and infrastructure engineering, DevOps, AI development and AI automation, technology consulting, application hosting and infrastructure, backup and disaster recovery as an optional or add-on service, and other technology services agreed with a customer.

The scope of what we will actually deliver in a given engagement is defined in the applicable quotation, order form, statement of work or agreement, not by the descriptive content published on this website. Website content describes our capabilities in general terms and is not an offer, a commitment to deliver any particular outcome, or a specification.

Submitting an enquiry does not create a contract. It is an invitation for us to assess whether we are a suitable fit and, if so, to propose an approach.

• Quotations and proposals are based on the information available to us at the time and on the scope described in them.
• A quotation is valid for the period stated in it. If no period is stated, we may reconfirm or revise it before work begins.
• Estimates of effort, timelines and cost are estimates. Where a fixed price is offered, it is fixed against the scope described in the quotation and no more.
• An engagement begins when you accept a quotation, sign the applicable agreement, or otherwise instruct us to proceed, and any payment required to commence work has been received.

Commercial terms for an engagement are set out in the applicable quotation, order form or agreement. The following applies in the absence of different agreed terms.

• Advance payment. We normally require an advance payment before work commences. This is usually at least 25% of the engagement value, and may be up to 50% for lower-budget projects.
• Milestone payments. Larger engagements may be structured into milestones, with an invoice raised on the completion of each.
• Commencement. Work commences after the required payment has been received, unless we have agreed otherwise in writing.
• Invoices. Invoices are payable by the due date stated on them. We may suspend work on overdue invoices. See suspension and termination.
• Taxes. Fees are exclusive of GST and any other applicable taxes, duties, levies or withholdings, which are payable in addition at the applicable rate. GSTIN 19AAICB7296E1ZA.
• Third-party costs. Cloud hosting, domains, licences, third-party APIs, paid services and similar costs required for an engagement are your responsibility unless the quotation expressly states that they are included. Where we pay them on your behalf, they are recharged.
• Bank and transaction charges. Payment processing charges, currency conversion costs and intermediary bank fees are borne by the payer unless agreed otherwise.

Full details of payment, cancellation and refund handling are set out in our Payment, Cancellation & Refund Policy.

Either party may cancel an engagement in accordance with the applicable agreement. Where an engagement is cancelled, work completed up to the date of cancellation, and any committed third-party costs, remain payable.

How refund requests are assessed, including which amounts are generally non-refundable and the circumstances in which a refund may be considered, is set out in the Payment, Cancellation & Refund Policy, which forms part of these Terms. Where a signed agreement sets different cancellation or refund rules, that agreement prevails.

Delivery depends on both sides. You are responsible for:

• providing accurate and complete requirements, content, assets, credentials and access needed for the work;
• responding to questions, reviewing deliverables and giving approvals within a reasonable time;
• nominating a person authorised to make decisions, give approvals and sign off on scope for the engagement;
• having the right to provide us with any data, content, code or credentials you give us, and for the lawfulness of the instructions you give;
• maintaining your own backups and access credentials for systems under your control, and for securing accounts we hand over to you;
• obtaining and maintaining any third-party accounts, licences, subscriptions and consents that the engagement requires.

Delays caused by the customer

Where progress is held up because information, approvals, access or payment has not been provided, timelines shift accordingly and we are not responsible for the resulting delay. If an engagement is inactive for an extended period because of a delay on your side, we may need to reschedule the remaining work around other commitments, and rescheduling or remobilisation may be chargeable where the applicable agreement provides for it.

Requirements change during a project, and that is normal. Anything outside the agreed scope (new features, additional integrations, redesigns, changed platforms or materially different requirements) is treated as a change request. We will confirm the impact on cost and timeline before proceeding with it. Work outside the agreed scope is not included in the original fee, and we are not obliged to carry it out until the change has been agreed.

Custom development

Deliverables are developed against the requirements agreed for the engagement. Ownership of deliverables is dealt with in our Intellectual Property Policy and in the applicable agreement.

Open-source software

Our work commonly incorporates open-source components. Those components remain subject to their own licences, which continue to apply to them and are not superseded by these Terms or by any transfer of ownership in a deliverable. Open-source software is generally provided by its authors without warranty, and Bymond does not extend a warranty over third-party open-source code.

Third-party software and services

Engagements frequently depend on third-party platforms, APIs, cloud providers, libraries and services. These are governed by their own terms and are outside our direct control. We are not responsible for a third party changing its pricing, terms, functionality or availability, or for discontinuing a service, although we will work with you on a reasonable path forward if that happens.

Where an engagement involves AI development, AI automation, or AI-assisted tooling, AI-generated output may contain errors, omissions or content that is inaccurate or unsuitable for a particular purpose. AI systems are probabilistic, and third-party model behaviour and provider policies can change over time.

You are responsible for reviewing AI-generated output before relying on it, particularly where it informs decisions with legal, financial, safety or regulatory consequences. Our AI Services & Usage Policy sets out how we work with AI providers and how customer data is handled.

The website, its content, the Bymond name, logo and branding, and the software, frameworks, reusable components, internal tooling, methodologies and know-how we use to deliver services are owned by Bymond or its licensors.

Where a customer fully sponsors custom development, ownership of the agreed final deliverables may transfer to the customer as specified in the applicable agreement. Bymond retains ownership of its pre-existing materials, reusable components, frameworks, libraries, generic tools, methodologies, know-how, internal systems and independently developed reusable technology unless a specific written agreement expressly states otherwise. This is set out in full in the Intellectual Property Policy.

Each party may be given access to information the other treats as confidential. Each party will use the other's confidential information only for the purpose of the engagement, will not disclose it to third parties other than to personnel and providers who need it for that purpose, and will protect it with reasonable care.

This does not apply to information that is or becomes public without a breach of these Terms, was already lawfully known to the receiving party, is independently developed without reference to the confidential information, or must be disclosed by law or by a competent authority.

Where we are given access to your infrastructure, accounts or environments, we access them only as needed to perform the agreed work. Where a non-disclosure agreement or data processing agreement is in place, that agreement governs confidentiality and data handling and prevails over this section.

Bymond may identify you as a customer and may refer to the work performed for you in its portfolio, case studies, website, proposals and marketing materials, including by displaying your name, company name and logo for that purpose.

• We will not disclose your confidential information, credentials, source code, commercially sensitive commercial terms or internal data in doing so.
• You may agree different confidentiality or marketing restrictions with us in a signed agreement.
• Where a non-disclosure agreement or other written restriction prevents public disclosure of the relationship or the work, that agreement prevails over this section.
• If you would prefer not to be named publicly, tell us at [email protected] and we will discuss it with you.

We will perform services with reasonable skill and care, using appropriately experienced personnel.

Where an engagement is governed by a negotiated agreement that sets out warranties, acceptance criteria or a defect-correction period, that agreement controls and this section does not reduce it.

Where there is no separate negotiated agreement

For standard or smaller pieces of work with no separate negotiated contract, to the maximum extent permitted by applicable law:

• the website and deliverables are provided on an "as is" and "as available" basis, and we do not give implied warranties of merchantability, fitness for a particular purpose or non-infringement;
• we do not warrant that software will be free from all errors, that it will be uninterrupted, or that it will be suitable for every possible purpose or future requirement;
• you are responsible for reviewing, testing, accepting, deploying and operating what is delivered to you;
• we do not warrant third-party software, open-source dependencies, APIs, or cloud provider services, which are outside our direct control;
• we make no uptime, availability or performance commitment unless one is expressly given in a written service level agreement.

Nothing in these Terms excludes or limits any warranty, right or remedy that cannot be excluded or limited under applicable law, including mandatory consumer protection rights where they apply to you.

Where an engagement is governed by a negotiated agreement containing liability provisions, those provisions control.

Otherwise, to the maximum extent permitted by applicable law:

• neither party is liable for indirect, incidental, special or consequential loss, or for loss of profits, loss of revenue, loss of anticipated savings, business interruption, loss of goodwill or loss or corruption of data, arising out of or in connection with the services or the website;
• our total aggregate liability arising out of or in connection with an engagement is limited to the fees actually paid to us by you for that engagement;
• our total aggregate liability in connection with use of the website, where no engagement exists, is limited to the maximum extent permitted by law;
• we are not liable for loss arising from third-party services, open-source components, cloud provider outages, your own systems, your failure to maintain backups, or unauthorised access resulting from credentials or systems under your control.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence. Where applicable law does not permit a limitation set out above, that limitation applies only to the extent permitted.

You agree to indemnify Bymond against claims, losses, liabilities and reasonable costs arising from content, data, code, credentials or instructions you provide to us where you did not have the right to provide them, from your use of a deliverable in breach of these Terms or applicable law, or from your breach of a third-party licence or third-party terms in connection with an engagement. Where a signed agreement contains indemnity provisions, those provisions apply instead of this section.

We may suspend or terminate the provision of services, or access to the website, where:

• an invoice remains unpaid after its due date and after we have asked you to settle it;
• there is a material breach of these Terms or of the applicable agreement that is not remedied within a reasonable period after we notify you of it;
• continuing would put us in breach of applicable law, or would require us to act on instructions we reasonably believe to be unlawful;
• there is misuse of our systems, or conduct that threatens the security of our systems.

On termination, fees for work performed up to termination and committed third-party costs remain payable. Provisions that by their nature should survive termination (including confidentiality, intellectual property, liability, indemnity and governing law) continue to apply.

Neither party is liable for a failure or delay in performing its obligations, other than an obligation to pay money already due, caused by events beyond its reasonable control. This includes natural events, war, civil unrest, epidemics, government action, strikes, failure of public utilities or telecommunications networks, large-scale internet or cloud provider outages, and cyber attacks affecting infrastructure not under that party's control. The affected party will notify the other and take reasonable steps to reduce the effect.

The website links to third-party websites and services, including BigBlueButton Host and the sites of technologies we work with. We do not control those sites, do not endorse everything on them, and are not responsible for their content, availability, terms or privacy practices. Following an external link is at your own discretion, and the terms and policies of the destination apply once you leave the Bymond website.

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the laws of India, without regard to conflict of law principles.

The parties submit to the exclusive jurisdiction of the courts at Kolkata, West Bengal, India. This does not affect any mandatory right you may have under the law of your own country of residence to bring proceedings there, where that right applies to you and cannot be excluded by agreement.

We may update these Terms from time to time. The current version is always published on this page with its effective date and last-updated date. Changes apply from the date they are published and do not retrospectively alter the terms of an engagement already agreed under a signed agreement, statement of work, order form or accepted quotation. Continued use of the website or our services after an update takes effect indicates acceptance of the updated Terms.

• Severability. If any provision is held to be invalid or unenforceable, the remaining provisions continue in force, and the affected provision applies to the maximum extent permitted.
• Waiver. A failure or delay in enforcing a right is not a waiver of it, and a single waiver does not waive any later breach.
• Assignment. You may not assign or transfer your rights under an engagement without our written consent. We may assign to a successor in connection with a reorganisation or sale of the business.
• Entire agreement. For an engagement with no separate signed agreement, these Terms, the policies referred to in them, and the applicable quotation or order form form the entire agreement between the parties on their subject matter, and supersede earlier discussions on that subject matter. Where a signed agreement exists, its own entire-agreement provision applies.
• No partnership. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between the parties.
• Notices. Notices to Bymond should be sent to [email protected] and, where a formal notice is required, also to the registered office address above.