These Terms govern software development and consulting services provided by Promark Software ("we", "us") to the client ("you"). By engaging our services, you agree to these Terms unless a separate written agreement states otherwise.

1. Services

We provide software development, technical consulting, and related services. Scope, timelines, and fees are defined in a proposal, statement of work, or platform agreement (Upwork, Fiverr, etc.). Any work outside agreed scope requires mutual approval.

2. Engagement & Payment

• Engagements may be fixed-price, hourly, monthly, retainer, or contract-to-hire.
• Payments follow agreed milestones, hourly logs, or monthly invoices.
• For platform-based work, platform escrow and payment rules apply.
• Work may be paused if payments are delayed.

3. Intellectual Property

Custom Work
After full payment, the client owns the IP for fully customised deliverables.

Pre-defined Packages / Reusable Components
We retain IP for pre-built tools, frameworks, or packages. Clients receive a licence to use them, including agreed customisations.

Hybrid Model
Clients own final deliverables. Promark Software retains ownership of underlying tools, frameworks, and know-how.

4. No Guarantees

Services are provided "as is". No guarantees on performance, uptime, or business outcomes unless explicitly agreed in writing.

5. Confidentiality

Both parties agree to keep confidential information shared during the engagement private.

6. Liability

Our total liability is limited to the fees paid for the services in the last 3 months. We are not liable for indirect or consequential damages.

7. Termination

Either party may terminate an engagement with reasonable notice. Payment is due for all work completed up to termination.

8. Independent Contractor

We act as an independent contractor. No employment or partnership is created.

9. Governing Law

These Terms are governed by the laws of India. Courts in Delhi have exclusive jurisdiction.

10. Acceptance

Engaging our services or approving work constitutes acceptance of these Terms.

Questions? Contact us at legal@promarksoftware.com

Promark Software ("we", "us", "our") respects your privacy. This Privacy Policy explains how we handle information when you engage with our software development and consulting services.

1. Information We Collect

We collect only limited information necessary to communicate and deliver services, such as:

• Name
• Email address
• Phone number
• Company name
• Project-related communication and documents

We do not intentionally collect or process sensitive personal data.

2. How We Use Information

We use information solely to:

• Communicate with clients
• Provide agreed services
• Send invoices or service-related updates
• Meet basic legal or accounting obligations

We do not use information for marketing unless explicitly requested.

3. Payments & Platforms

Payments and contracts may be handled through third-party platforms such as Upwork or Fiverr. Payment information is processed entirely by those platforms under their respective privacy policies. We do not store payment details.

4. Data Handling & Storage

• We do not process personal data or PII as part of our services.
• Any project-related information is stored only for the duration required to complete the engagement.
• Reasonable technical and organisational measures are taken to prevent unauthorised access.

5. Confidentiality

Client information shared during an engagement is treated as confidential and is not shared with third parties except where required to deliver services or comply with law.

6. Third-Party Services

We may use standard tools for communication, hosting, or development. We are not responsible for the privacy practices of third-party services used by the client or platforms governing the engagement.

7. Data Retention

Information is retained only as long as necessary to fulfil contractual, legal, or accounting requirements.

8. Your Rights

You may request access, correction, or deletion of your information by contacting us, subject to legal and contractual obligations.

9. Governing Law

This Privacy Policy is governed by the laws of India. Courts in Delhi, India, have exclusive jurisdiction.

10. Updates

This Privacy Policy may be updated from time to time. The latest version will apply to new engagements.

11. Contact

For privacy-related queries, contact:
Promark Software
Email: legal@promarksoftware.com

Questions? Contact us at legal@promarksoftware.com

This Shipping and Delivery Policy explains how deliverables are provided for services offered by Promark Software ("we", "us").

1. Nature of Delivery

Promark Software provides software development and consulting services. All deliverables are digital in nature. We do not ship any physical goods.

2. Mode of Delivery

Deliverables may be provided through one or more of the following:

• Source code repositories (e.g., Git-based systems)
• Secure file sharing links
• Email
• Client-designated platforms or tools
• Freelance platforms such as Upwork or Fiverr

The delivery method will depend on the engagement and will be mutually agreed upon.

3. Delivery Timelines

• Delivery timelines are defined in the proposal, statement of work, or platform contract.
• Timelines are dependent on client feedback and approvals, timely access to required systems or information, and scope stability.
• Delays caused by the client may extend delivery timelines.

4. Milestones & Acceptance

• For milestone-based engagements, delivery occurs upon submission of the agreed milestone.
• A milestone is considered delivered once submitted via the agreed channel.
• Any feedback or revision requests should be raised within a reasonable time.

5. Revisions

Revisions are limited to the scope agreed in the engagement. Additional changes or new requirements may be treated as out-of-scope work.

6. Platform-Based Engagements

For work delivered via platforms such as Upwork or Fiverr: delivery, acceptance, and dispute handling follow the platform's rules. Platform records constitute proof of delivery.

7. No Physical Shipping

Since no physical goods are involved, shipping charges do not apply, tracking numbers are not applicable, and delivery addresses are not required.

8. Governing Law

This policy is governed by the laws of India. Courts in Delhi, India, have exclusive jurisdiction.

9. Contact

For delivery-related questions, contact:
Promark Software
Email: support@promarksoftware.com

Questions? Contact us at legal@promarksoftware.com

This Refund Policy outlines how refunds are handled for services provided by Promark Software ("we", "us").

1. General Policy

Promark Software provides professional services, not packaged consumer goods. Refunds are therefore handled on a case-by-case basis and are subject to the terms below.

2. Platform-Based Engagements

For engagements conducted via platforms such as Upwork or Fiverr: all payments, milestones, refunds, and disputes are governed by the platform's escrow and resolution policies. Promark Software will comply with platform decisions regarding refunds or releases.

3. Fixed-Price Projects

• Payments tied to completed and approved milestones are non-refundable.
• If a project is terminated early, unstarted milestones may be refunded, while work already completed or in progress is non-refundable.
• Any delivered work remains the property of Promark Software until full payment is received.

4. Hourly / Monthly Engagements

• Fees for approved hours already worked are non-refundable.
• If an engagement is ended mid-cycle, billing applies only to work completed up to the termination date.

5. Retainers & Contract-to-Hire

• Retainer fees are non-refundable once the service period has started.
• Any contract-to-hire conversion terms will be governed by the specific agreement.

6. No Automatic Refunds

Refunds are not issued automatically for:

• Change of mind
• Delays caused by the client
• Scope changes
• Third-party service or platform failures

7. Exceptions

At our discretion, partial refunds may be considered where services were not delivered at all due to reasons solely attributable to Promark Software, or where a clear and material breach of agreed scope is demonstrated. Any such refund decision is final. Approved refunds will be credited to the original payment method within 3–7 days.

8. Governing Law

This Refund Policy is governed by the laws of India. Courts in Delhi, India, have exclusive jurisdiction.

9. Contact

For refund-related queries, contact:
Promark Software
Email: support@promarksoftware.com

Questions? Contact us at legal@promarksoftware.com