Customer Support & Services, Cancellation, and Refund Policy

  1. Introduction

These Customer Support and Services Terms and Conditions (“Terms”) govern the provision of customer support services, services, cancellation, and refund policy provided by QA-SCALE (“we”, “us”, or “our”) for IT Consultation and Software Development and Consultation to you, the customer (“you” or “your”). By accessing or using our Services, you agree to be bound by these Terms. These Terms comply with the applicable Indian legal laws and international legal norms.

  1. Contact Information

For any questions, inquiries, or support requests, you may contact us via the following methods:

  1. Support Hours

Our standard support hours are Monday to Friday, from 10:00 AM to 7:00 PM (IST). We are closed on weekends and public holidays. Support requests submitted outside these hours will be addressed on the next business day.

  1. Support and Services Scope

Our Services cover technical assistance, issue resolution, and general inquiries related to our IT Consultation and Software Development and Consultation services. Support does not cover third-party products, services, or solutions not provided by us.

  1. Service Fees

Standard support services are provided free of charge for active clients with an ongoing project or a valid service agreement. Additional fees may apply for premium support services or clients without an active agreement. Such fees will be communicated to you in advance, and your consent will be obtained before any billable work begins.

  1. Cancellation and Refund Policy

6.1 Cancellation: You may cancel your service agreement with us by providing written notice at least 30 days before the intended cancellation date. Cancellation requests must be sent to the email address provided in Section 2. As per the Indian Contract Act, of 1872, the cancellation of the agreement must be by the terms of the contract.

6.2 Refunds: Refunds for our services will be provided on a case-by-case basis, in compliance with the Indian Consumer Protection Act, 2019. In general, refunds are granted for any unused portion of the services paid in advance, less any applicable fees, charges, or penalties. Refunds will be processed within 30 days of the cancellation request. No refunds will be provided for completed services or for services that have already commenced.

  1. Termination

We reserve the right to terminate or suspend your access to our Services if you breach these Terms or if your use of our Services negatively impacts our ability to provide support to other customers. Termination will be executed under the Indian Contract Act, of 1872, and other applicable laws.

  1. Changes to Terms

We may update these Terms from time to time, in compliance with the Indian Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The most current version will always be available on our website or provided upon request. Your continued use of our Services after any updates constitutes your acceptance of the revised Terms.

  1. Governing Law and Jurisdiction

9.1 Indian Law: These Terms are governed by the laws of India, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Jaipur, Rajasthan, India.

9.2 International Law: For customers located outside India, these Terms shall be governed by and construed by the laws applicable in your jurisdiction. Disputes arising from these Terms shall be resolved through negotiation

between the parties or, if necessary, through arbitration or other alternative dispute resolution mechanisms recognized under the laws of your jurisdiction.

  1. Indemnification

You agree to indemnify, defend, and hold harmless QA-SCALE, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your use of our Services (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.

  1. Limitation of Liability

To the extent permitted by applicable law, in no event shall QA-SCALE or its affiliates, directors, employees, or agents be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages, including but not limited to, loss of profits, goodwill, data, or other intangible losses, arising out of or in connection with your use of our Services, even if we have been advised of the possibility of such damages.

  1. Intellectual Property Rights

All content, trademarks, and other intellectual property rights associated with our Services are the property of QA-SCALE or its licensors and are protected by Indian and international intellectual property laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our Services or any associated content without our express written consent.

  1. Compliance with Applicable Laws

You agree to comply with all applicable local, state, national, and international laws, regulations, and guidelines that apply to your use of our Services, including but not limited to data protection and privacy laws, tax laws, and export control laws.

  1. Dispute Resolution

14.1 Indian Customers: Any disputes arising out of or in connection with these Terms shall be resolved through negotiation between the parties. If the parties fail to reach an amicable resolution, the dispute shall be referred to arbitration by the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in Jaipur, Rajasthan, India, and the proceedings shall be in English.

14.2 International Customers: Any disputes arising out of or in connection with these Terms shall be resolved through negotiation between the parties. If the parties fail to reach an amicable resolution, the dispute shall be referred to arbitration by the rules of a recognized international arbitration institution mutually agreed upon by the parties. The arbitration shall be conducted in a neutral location, and the proceedings shall be in English.

  1. Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions shall continue in full force and effect.

  1. Waiver

No failure or delay by QA-SCALE in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.

  1. Contact Us

If you have any questions or concerns about these Terms, please contact us at the contact information provided in Section 2.

  1. Entire Agreement

These Terms, along with any other agreements or policies referenced herein, constitute the entire agreement between you and QA-SCALE concerning your use of our Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and QA-SCALE concerning the subject matter herein.

  1. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms, to the extent that such failure or delay is caused by circumstances beyond the reasonable control of the affected party, including but not limited to acts of God, war, terrorism, civil unrest, labour disputes, natural disasters, epidemic or pandemic events, governmental actions, or interruptions in telecommunications or internet services.

  1. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. QA-SCALE may freely assign or transfer its rights and obligations under these Terms without restriction, provided that the assignee agrees to be bound by these Terms.

  1. Notices

All notices or other communications required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally, sent by registered or certified mail, return receipt requested, or sent by email to the addresses provided in Section 2 or such other address as either party may designate by notice to the other party.

  1. Interpretation

The headings in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms. The language used in these Terms shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction shall be applied against either party.

  1. No Third-Party Beneficiaries

Nothing in these Terms shall be construed to create any rights or obligations in, or on behalf of, any third parties, except as expressly provided herein. The parties do not intend to confer any rights or remedies upon any person other than the parties hereto.

  1. Survival

Any provisions of these Terms which, by their nature, should survive termination or expiration of these Terms, including but not limited to Sections 10 (Indemnification), 11 (Limitation of Liability), 12 (Intellectual Property Rights), 14 (Dispute Resolution), and 19 (Force Majeure), shall survive such termination or expiration.

  1. Modifications

QA-SCALE reserves the right to modify these Terms at any time by applicable laws and regulations. Any changes will be posted on our website or provided to you via email. Your continued use of our Services following the posting of any changes constitutes your acceptance of the modified Terms.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any other applicable laws and regulations. If you do not agree to these Terms, please do not use our Services.

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