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Terms & Conditions

Last Updated: December 1, 2024  |  Effective Date: January 1, 2024

Please read these Terms and Conditions carefully before using our website or engaging our services. By accessing our website or using any of our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

1 Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "Client," or "you") and Rocky Solutions ("Company," "we," "our," or "us"), a technology services company registered and operating from Shop 11, Techno Market Plaza, Hebbal Main Road, Bengaluru, Karnataka 560024, India.

By accessing or using our website (www.rocky.solutions), submitting an enquiry, engaging our services, or entering into any service agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

These Terms apply to all visitors, users, clients, and anyone else who accesses or uses our website or services. If you are entering into these Terms on behalf of a company or legal entity, you represent that you have the authority to bind that entity to these Terms.

2 Description of Services

Rocky Solutions provides a range of information technology and digital services, including but not limited to:

Specific terms, deliverables, timelines, and fees for individual service engagements will be documented in a separate Service Agreement, Statement of Work (SOW), or Purchase Order, which will be governed by and incorporate these Terms unless otherwise explicitly stated.

3 Use of Our Website

3.1 Permitted Use

You may use our website for lawful purposes only, in accordance with these Terms. You agree to use the website only to learn about our services, contact us with legitimate business enquiries, and access publicly available information.

3.2 Prohibited Conduct

You agree not to:

4 User Accounts and Client Portal

Certain features of our services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

Rocky Solutions will not be liable for any loss or damage arising from your failure to comply with these obligations.

5 Intellectual Property Rights

5.1 Our Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, software, and the overall design, is the property of Rocky Solutions or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

5.2 Client-Owned Deliverables

Upon full payment of all fees, Rocky Solutions assigns to the Client all rights, title, and interest in custom deliverables created specifically for the Client under a Service Agreement, except for any pre-existing intellectual property, third-party components, or Rocky Solutions' proprietary frameworks and tools used in the delivery of services.

5.3 Rocky Solutions' Retained IP

Rocky Solutions retains all rights to its methodologies, processes, tools, frameworks, and know-how developed prior to or independently of any client engagement. We may use these for other clients without restriction.

5.4 Portfolio Rights

Unless otherwise agreed in writing, Rocky Solutions reserves the right to reference the Client engagement and general project description in its portfolio, marketing materials, and case studies, without disclosing confidential information.

6 Payments, Fees and Billing

Payment terms for specific engagements will be defined in the applicable Service Agreement. General billing terms include:

7 Confidentiality

Each party acknowledges that it may receive or have access to information that is proprietary, confidential, or commercially sensitive to the other party ("Confidential Information"). Each party agrees to:

Confidentiality obligations survive termination of the service relationship for a period of 3 years, except for trade secrets, which remain protected indefinitely.

8 Communication and Notification Consent

By submitting your contact information and agreeing to these Terms, you acknowledge and consent to receive notifications and promotional communications from Rocky Solutions through various channels, including but not limited to email, mobile push notifications, SMS, RCS (Rich Communication Services), WhatsApp, OBD (Outbound Dialing), or any other digital communication platforms, for services, offers, updates, and related information.

This communication consent is in addition to any transactional communications necessary for the delivery of services you have contracted with us. You may withdraw this consent at any time by contacting us at info@rocky.solutions or by using the opt-out mechanism provided in each communication.

Withdrawal of consent for marketing communications will not affect the validity of any prior consent given, nor will it affect our ability to send you essential transactional communications related to active service engagements.

9 Disclaimer of Warranties

Our website and publicly available content are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.

For contracted services, warranties are as explicitly defined in the applicable Service Agreement. In the absence of a written warranty, Rocky Solutions warrants only that services will be performed in a professional and workmanlike manner in accordance with industry standards.

10 Limitation of Liability

To the maximum extent permitted by applicable law, Rocky Solutions and its directors, employees, agents, partners, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, business interruption, or other commercial losses, arising from or in connection with your use of our website or services.

Rocky Solutions' total liability for any claim arising from a service engagement shall not exceed the total fees paid by the Client for the specific service giving rise to the claim, during the 12-month period preceding the claim.

These limitations apply whether the alleged liability is based in contract, tort, negligence, strict liability, or any other basis, and even if Rocky Solutions has been advised of the possibility of such loss or damage.

11 Indemnification

You agree to defend, indemnify, and hold harmless Rocky Solutions, its affiliates, directors, officers, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

12 Termination

Rocky Solutions may terminate or suspend your access to our website or services immediately, without prior notice or liability, if you breach any provision of these Terms. Termination provisions for specific service engagements are governed by the applicable Service Agreement.

Upon termination, your right to use our website and services will immediately cease. Provisions that by their nature should survive termination shall survive, including intellectual property ownership, payment obligations, confidentiality, warranty disclaimers, and limitations of liability.

13 Governing Law

These Terms and any disputes arising out of or relating to these Terms or your use of our website or services shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. The courts of Bengaluru, Karnataka, India shall have exclusive jurisdiction over any disputes arising under these Terms, and you consent to the personal jurisdiction of such courts.

14 Dispute Resolution

In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, the parties shall use their best efforts to settle the dispute amicably through good-faith negotiations for a period of 30 days.

If the dispute cannot be resolved through negotiation within 30 days, it shall be submitted to binding arbitration in Bengaluru, Karnataka, in accordance with the Arbitration and Conciliation Act, 1996, as amended. The arbitration shall be conducted in English by a single mutually agreed arbitrator. The decision of the arbitrator shall be final and binding on both parties.

15 General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Service Agreement, constitute the entire agreement between you and Rocky Solutions regarding our website and services, and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

Failure by Rocky Solutions to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights under them to any third party without our prior written consent. Rocky Solutions may freely assign these Terms.

15.5 Force Majeure

Neither party shall be liable for delays or failure to perform obligations due to causes beyond their reasonable control, including natural disasters, pandemics, government actions, or infrastructure failures, provided the affected party notifies the other party promptly.

15.6 Amendments

Rocky Solutions reserves the right to modify these Terms at any time. Changes will be posted on our website with an updated effective date. Your continued use of our website or services after such changes constitutes your acceptance of the revised Terms.

16 Contact

Questions About These Terms?

For any questions, concerns, or clarifications regarding these Terms and Conditions, please contact us:

๐Ÿ“ Rocky Solutions
Shop 11, Techno Market Plaza, Hebbal Main Road,
Bengaluru, Karnataka 560024, India

๐Ÿ“ž +91 63549 00127

โœ‰ info@rocky.solutions

We aim to respond to all legal enquiries within 5โ€“7 business days.