Terms of Service
Please read these terms carefully before using our website or engaging our services.
These Terms of Service ("Terms") govern your access to and use of the website and services provided by KB Qube ("we", "us" or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
The short version
- Each project's exact scope, timeline and price live in a signed Project Agreement, which always wins if it conflicts with these Terms.
- You own the final deliverables once you've paid in full; we keep our pre-existing tools and know-how.
- We keep your project information confidential, and handle personal data per our Privacy Policy.
- Disputes are handled under Indian law, first by good-faith talks, then arbitration seated in Assam.
1 Acceptance of Terms
By using this website, requesting a quote, or entering into an agreement with us, you confirm that you are at least 18 years old (or have the authority to act on behalf of an organisation) and accept these Terms in full.
2 Definitions
- "Services" — the software development and related services we provide, as described in Section 3;
- "Project Agreement" — the written proposal, quotation, statement of work or contract that defines the scope, deliverables, timeline and fees for a specific engagement;
- "Deliverables" — the custom work products created specifically for you under a Project Agreement;
- "Client", "you" — the individual or organisation engaging our Services or using our website.
3 Services
KB Qube provides software development and related services, including Educational ERP systems, custom web and mobile applications, e-commerce platforms, blockchain solutions and digital marketing. The specific scope, deliverables, timelines and fees for any project will be defined in a separate written Project Agreement, which takes precedence over these Terms in the event of a conflict.
4 Quotes, Payments & Refunds
- Quotations are valid for the period stated within them and are subject to change if requirements change;
- Payment terms, milestones and schedules will be set out in the relevant Project Agreement;
- Unless otherwise agreed, an upfront deposit may be required before work begins, and invoices are payable within the period specified on the invoice;
- Late payments may result in suspension of work or services until the account is settled, and may attract interest where stated in the Project Agreement;
- Refunds & cancellation — deposits and payments for work already performed are non-refundable. If you cancel a project, you remain liable for all work completed and costs committed up to the cancellation date. Any refund of unearned amounts is at our reasonable discretion, unless the Project Agreement states otherwise;
- Unless stated otherwise, fees are exclusive of applicable taxes (such as GST), which you are responsible for.
5 Client Responsibilities
To help us deliver successfully, you agree to:
- Provide accurate, complete information and materials in a timely manner;
- Review deliverables and give feedback within agreed timeframes;
- Ensure you hold the necessary rights to any content or assets you provide to us;
- Designate a point of contact authorised to give approvals and instructions.
6 Intellectual Property
Upon full payment, ownership of the final custom deliverables produced specifically for your project transfers to you, unless stated otherwise in the Project Agreement. We retain ownership of our pre-existing tools, frameworks, libraries and know-how, and may reuse general skills and non-confidential techniques on other projects. Content and materials on this website remain the property of KB Qube. Unless you request otherwise in writing, we may reference your project and name in our portfolio and marketing.
7 Acceptable Use
You agree not to use our website or services to:
- Violate any applicable law or regulation;
- Infringe the rights of others or upload malicious code;
- Attempt to gain unauthorised access to our systems or disrupt the website.
8 Third-Party Services
Our solutions may integrate third-party services, platforms or APIs. We are not responsible for the availability, performance or terms of such third parties, and their use may be subject to their own agreements and fees.
9 Warranties & Disclaimers
We deliver our services with reasonable skill and care. Except as expressly stated in a Project Agreement, our website and services are provided "as is" without warranties of any kind, whether express or implied, including fitness for a particular purpose. We do not warrant that the website will be uninterrupted or error-free.
10 Limitation of Liability
To the maximum extent permitted by law, KB Qube shall not be liable for any indirect, incidental, special or consequential damages, or loss of profits, data or business, arising from your use of our website or services. Our total liability for any claim shall not exceed the amount paid by you for the specific service giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded under applicable law.
11 Indemnification
You agree to indemnify and hold harmless KB Qube, its team and partners from any claims, damages, losses or expenses (including reasonable legal fees) arising from: (a) content, materials or instructions you provide to us; (b) your breach of these Terms or applicable law; or (c) your use of the deliverables in a manner not agreed with us. We will, in turn, indemnify you against third-party claims that our original deliverables, as delivered, infringe that third party's intellectual-property rights, provided you notify us promptly and allow us to manage the defence.
12 Confidentiality
Each party agrees to keep confidential any non-public information disclosed during an engagement and to use it only for the purposes of the project, except where disclosure is required by law. This obligation continues after the engagement ends.
13 Data Protection
We handle personal data in accordance with our Privacy Policy and the Digital Personal Data Protection Act, 2023. Where we process personal data on your behalf as part of a project, we will do so only on your documented instructions and apply appropriate safeguards, as further set out in the Project Agreement where applicable.
14 Term & Termination
Either party may terminate an engagement as set out in the relevant Project Agreement, or on reasonable written notice if the other party materially breaches these Terms and fails to remedy it within a reasonable period. Upon termination, you agree to pay for all work completed and costs committed up to the termination date. Provisions relating to intellectual property, payment, confidentiality, indemnification and liability survive termination.
15 Force Majeure
Neither party is liable for delay or failure to perform caused by events beyond its reasonable control — including natural disasters, power or internet outages, strikes, government action, or third-party service failures. Affected obligations are suspended for the duration of the event, and each party will use reasonable efforts to resume performance promptly.
16 Dispute Resolution & Governing Law
These Terms are governed by and construed in accordance with the laws of India. The parties will first attempt to resolve any dispute amicably through good-faith discussions. If a dispute cannot be resolved within 30 days, it shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, conducted by a sole arbitrator, seated in Assam and conducted in English. Subject to the above, the courts of Assam shall have exclusive jurisdiction, and any dispute-resolution provisions in a Project Agreement take precedence.
17 General
- Entire agreement — these Terms, together with any Project Agreement and our Privacy Policy, form the entire agreement between us and supersede prior discussions;
- Severability — if any provision is found unenforceable, the remaining provisions continue in full effect;
- Assignment — you may not assign these Terms without our written consent; we may assign them to a successor of our business;
- Waiver — failure to enforce any right is not a waiver of that right;
- Notices — formal notices should be sent to the contact details below.
18 Changes to These Terms
We may update these Terms from time to time. Any changes will be posted on this page with a revised "Last updated" date. Your continued use of our website or services after changes are posted constitutes acceptance of the revised Terms.
19 Contact Us
If you have any questions about these Terms, please contact us:
See also our Privacy Policy.