Terms and Conditions.

By accessing or using the NetClubbed website at netclubbed.com, or by engaging NetClubbed for any services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions, together with our Privacy Policy, which is incorporated by reference.

If you are entering into these terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms. If you do not have such authority, or do not agree with these terms, you must not use our website or services.

NetClubbed provides software development, web development, mobile app development, UI/UX design, cloud & DevOps solutions, digital marketing, software testing, and related IT consulting services to businesses worldwide.

The specific scope, deliverables, timelines, and commercial terms of any service engagement will be agreed in writing through a separate Statement of Work (SOW), Service Agreement, or Project Contract signed between NetClubbed and the client. In the event of any conflict between these Terms and Conditions and a specific project agreement, the project agreement shall take precedence.

2.1 Website Use

Access to our website is provided free of charge. We reserve the right to restrict, suspend, or discontinue access to any part of the website at any time without notice. We do not guarantee uninterrupted or error-free access.

2.2 Service Availability

Service availability, feature sets, and pricing may change over time. We will communicate any material changes to active clients with reasonable notice.

By using our website or engaging our services, you agree to:

• Provide accurate, complete, and up-to-date information when submitting enquiries, registering interest, or entering into service agreements.
• Cooperate with NetClubbed in good faith throughout any project engagement — including timely provision of feedback, approvals, assets, and access required to complete the work.
• Not use our website for any unlawful purpose, including but not limited to distributing malware, conducting phishing, or infringing third-party intellectual property.
• Not attempt to gain unauthorised access to our systems, servers, or databases.
• Not reproduce, copy, or resell any part of our website content without our express written permission.
• Not engage in any conduct that may bring NetClubbed into disrepute or interfere with other users' access to the website.
• Ensure that any content or materials you provide to us for use in a project do not infringe any third-party rights and comply with all applicable laws.

4.1 NetClubbed Website Content

All content on the NetClubbed website — including text, graphics, logos, icons, images, code, and design — is the exclusive property of NetClubbed and is protected by applicable copyright, trademark, and intellectual property laws. Unauthorised use, reproduction, or distribution is strictly prohibited.

4.2 Client Project Deliverables

Unless otherwise agreed in writing in a specific project contract:

• Upon full payment of all agreed fees, NetClubbed assigns to the client all intellectual property rights in the custom-developed deliverables created specifically for that client under the project.
• Pre-existing IP — tools, frameworks, libraries, templates, or methodologies developed by NetClubbed prior to or independently of the project — remains the sole property of NetClubbed. We grant the client a non-exclusive, non-transferable licence to use such pre-existing IP solely as incorporated in the project deliverables.
• Third-party components (open source libraries, licensed fonts, stock assets, etc.) remain subject to their original licences, which will be disclosed to the client.

4.3 Portfolio Rights

Unless the client requests otherwise in writing before project commencement, NetClubbed reserves the right to reference the client's project (name, description, and screenshots) in our portfolio, case studies, and marketing materials.

Commercial terms — including pricing, payment schedules, and invoice arrangements — are agreed on a per-project basis and documented in a formal project agreement or Statement of Work. The following general principles apply:

Both parties acknowledge that during a project engagement, each may receive or have access to confidential information belonging to the other — including but not limited to business strategies, technical specifications, source code, financial data, and client lists.

• Each party agrees to keep confidential information strictly confidential and not disclose it to any third party without the prior written consent of the disclosing party.
• Confidential information shall be used solely for the purposes of fulfilling the project engagement.
• These obligations do not apply to information that is already publicly known, independently developed, or required to be disclosed by law.
• Where a client requires a formal Non-Disclosure Agreement (NDA), NetClubbed is happy to enter into one prior to project commencement — simply request this when making enquiry.

7.1 Website Disclaimer

The NetClubbed website and its content are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied — including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components. You are responsible for implementing appropriate safeguards on your own systems.

7.2 Service Warranty

NetClubbed warrants that services will be performed with reasonable care and skill in accordance with the agreed scope of work. Any warranty claims related to a specific project must be made within the warranty period specified in the relevant project agreement (typically 30–90 days post-launch).

7.3 Limitation of Liability

To the fullest extent permitted by applicable law:

• NetClubbed shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, revenue, data, goodwill, or business interruption — even if advised of the possibility of such damages.
• NetClubbed's total cumulative liability to any client arising out of or in connection with any project engagement shall not exceed the total fees paid by that client to NetClubbed in the three months preceding the claim.
• We are not liable for any delays or failures in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, power failures, internet outages, acts of government, or third-party service failures.

Our website and project deliverables may include integrations with or links to third-party services, platforms, or APIs (e.g. payment gateways, cloud providers, analytics tools). We are not responsible for the availability, accuracy, content, or practices of any third-party services.

Where a project requires third-party services that carry their own costs (e.g. cloud hosting, API subscriptions, licensed fonts or software), these will be clearly identified in the project agreement. The client is responsible for obtaining and maintaining any required third-party licences unless otherwise agreed.

Either party may terminate a project engagement in accordance with the terms set out in the relevant project agreement. In general:

• Termination by client: The client may terminate an engagement with written notice. Fees for work completed up to the point of termination remain due and payable. Any non-refundable deposits as specified in the project agreement will be retained.
• Termination by NetClubbed: NetClubbed may terminate an engagement if the client is in material breach of the project agreement or these Terms (including non-payment), and such breach has not been remedied within 14 days of written notice.
• Effect of termination: Upon termination, each party shall return or destroy the other's confidential information. Work completed and paid for shall be delivered to the client. NetClubbed retains ownership of any deliverables for which full payment has not been received.

These Terms and Conditions, and any surviving obligations (including confidentiality, IP, payment, and liability provisions), shall continue to apply after termination of any engagement.

These Terms and Conditions are governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these terms or the use of our services shall be subject to the exclusive jurisdiction of the courts of Noida, Uttar Pradesh, India.

10.1 Dispute Resolution

Before commencing formal legal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation. If a dispute cannot be resolved within 30 days of written notice from either party, either party may then pursue formal legal remedies.

10.2 UK & International Clients

For clients based in the United Kingdom or the European Union, we acknowledge that certain consumer and business protection laws may provide additional rights beyond those set out here. Nothing in these Terms is intended to limit rights that cannot be excluded by applicable mandatory law in your jurisdiction.

• Entire Agreement: These Terms and Conditions, together with any project-specific agreements, constitute the entire agreement between the parties and supersede all prior understandings, representations, or negotiations.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• No Waiver: Failure by NetClubbed to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer any rights or obligations under these Terms without NetClubbed's prior written consent. NetClubbed may assign its rights and obligations to a successor entity in the event of a business transfer or acquisition.
• Force Majeure: Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including natural disasters, pandemics, cyberattacks, governmental actions, or infrastructure failures.
• Notices: All formal notices under these Terms must be in writing and sent to the addresses specified below, or via email with confirmation of receipt.