1. Acceptance of Terms
These Terms & Conditions ("Terms") govern your use of the Lotus Blue Technologies website (lotusbluetechnologies.com) and any services provided by Buyex Fintech Solutions Pvt Ltd, operating as a brand Lotus Blue Technologies ("Lotus Blue," "we," "us," or "our"). By engaging our services, submitting a project inquiry, or using our website, you agree to these Terms and to our Privacy Policy.
If you are entering into these Terms on behalf of a company, you confirm you have the authority to bind that company.
2. About Our Services
Lotus Blue Technologies provides:
- Custom web development and web application development
- SaaS platform and CRM development and customization
- UI/UX design
- Frontend engineering (React-based) and backend/API development
- E-commerce and CMS platform builds
- AI integration features
- EdTech and FinTech solutions
- Digital marketing management — SEO, Google Ads, and Meta Ads
- Post-launch support and maintenance
Specific deliverables, timelines, and pricing for any engagement are defined in a separate Statement of Work (SOW) or proposal, which forms part of your agreement with us alongside these Terms.
3. Engagement Process
- We provide a proposal, quote, or SOW outlining scope, timeline, and cost.
- Work begins only after you accept the proposal and, where applicable, pay the agreed advance.
- Changes to agreed scope ("scope creep") may require a revised timeline and cost, communicated in writing before we proceed.
4. Fees & Payment Terms
- Development projects are typically billed on a milestone basis. An advance payment is required before work begins, and subsequent milestones are invoiced as agreed in your SOW.
- Marketing and retainer services (SEO, Google Ads, Meta Ads management) are billed on a recurring basis as agreed in your contract.
- Advertising spend (Google Ads, Meta Ads budgets) is separate from our service fees and is either paid directly by you to the ad platform or passed through as specified in your agreement.
- Payments are processed via Zoho and Razorpay or bank transfer. We do not store your full card or bank details.
- Applicable taxes (including GST) are added where required by Indian law.
- Late payments may result in paused work, project delays, or additional fees, at our discretion.
5. Client Responsibilities
To keep your project on track, you agree to:
- Provide timely feedback, approvals, content, and access (e.g., hosting, domain, ad accounts) as needed
- Ensure any content, brand assets, or third-party material you provide does not infringe on others' rights
- Designate a point of contact authorized to approve deliverables and changes
Delays caused by late client feedback, content, or approvals may extend agreed timelines without penalty to us.
6. Intellectual Property
- Upon full and final payment, ownership of the custom code, designs, and deliverables created specifically for your project transfers to you.
- Lotus Blue retains ownership of any pre-existing tools, frameworks, internal libraries, or proprietary components used to build your project; you receive a perpetual license to use these as part of your delivered product.
- Third-party and open-source components remain subject to their own licenses.
- Unless your contract includes a confidentiality or non-disclosure clause restricting this, we may reference completed projects and display non-confidential work in our portfolio and marketing materials.
- Prior to full payment, deliverables remain our property and may not be used, copied, or deployed.
7. Confidentiality
Each party agrees to keep the other's confidential business, technical, and financial information private, and to use it only for the purposes of the engagement. This obligation survives the end of the engagement. Where a client requires a separate mutual NDA, we're happy to execute one before sensitive information is shared.
8. Marketing Services — Additional Terms
For SEO, Google Ads, and Meta Ads engagements:
- We do not guarantee specific rankings, traffic, lead volume, or return on ad spend. Digital marketing outcomes depend on factors outside our control, including platform algorithm changes, market competition, and your own website/product/pricing.
- Ad accounts remain owned by the client. We manage them under the access you grant, and access can be revoked at any time.
- Your use of Google Ads, Meta Ads, and any other advertising platform is also subject to that platform's own terms and policies.
9. Warranties & Support
- We provide a defined bug-fix window (as specified in your SOW) after project launch to address defects in delivered work.
- Ongoing maintenance, feature updates, and support beyond the initial warranty window are available under a separate maintenance agreement.
- We do not warrant that software will be entirely error-free or uninterrupted, but we will use commercially reasonable efforts to resolve issues promptly.
10. Limitation of Liability
To the maximum extent permitted by law:
- Lotus Blue's total liability arising from any engagement is limited to the total fees paid by you for that specific engagement in the 12 months preceding the claim.
- We are not liable for indirect, incidental, or consequential damages, including lost profits, lost business, or lost data arising from your own systems or actions.
- We are not liable for outcomes dependent on third-party platforms (e.g., ad platform policy changes, hosting provider outages, payment gateway downtime).
11. Termination
- Either party may terminate an active engagement with written notice, as specified in the applicable SOW.
- Fees for work completed up to the termination date remain payable.
- Upon termination, IP transfers as set out in Section 6, based on payments received.
- We reserve the right to suspend or terminate services immediately for non-payment or misuse.
12. Cancellations & Refunds
Advance payments and completed milestone payments are generally non-refundable once work on that milestone has begun, reflecting time and resources already committed. Refund eligibility for undelivered milestones will be assessed case by case and outlined in your SOW.
13. Third-Party Services
You are responsible for costs and compliance related to third-party services used in your project, including but not limited to hosting, domain registration, ad platform spend, and any licensed software or plugins. We are not responsible for outages, price changes, or policy changes by these third parties.
14. International Clients
We work with clients outside India. Unless otherwise agreed in writing:
- Fees are quoted and invoiced in the currency specified in your proposal.
- You are responsible for compliance with your own country's import, tax, or regulatory requirements related to the services you purchase.
- These Terms, and the governing law in Section 15, apply regardless of your location.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of India. Any dispute arising from these Terms or an engagement with us will first be addressed through good-faith negotiation. If unresolved, disputes will be subject to arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in Kochi, Kerala, India, or, where arbitration is not agreed, the exclusive jurisdiction of the courts in Kochi, Kerala.
16. Changes to These Terms
We may update these Terms from time to time. The "Last updated" date reflects the latest revision. For active engagements, material changes will be communicated before they take effect.
17. Entire Agreement & Severability
These Terms, together with your accepted proposal/SOW and our Privacy Policy, form the entire agreement between you and Lotus Blue Technologies for the relevant engagement. If any provision is found unenforceable, the remaining provisions continue in full effect.
18. Contact Us
Lotus Blue Technologies
First Floor, Integrated Startup Complex,
Kerala Technology Innovation Zone, HMT Colony,
Kalamassery, Kochi, Kerala 683503, India
