These Terms & Conditions ("Terms") govern your access to and use of the Esight Solutions website, as well as your engagement with Esight Solutions for software development, website design, mobile applications, eCommerce solutions, ERP and CRM systems, AI automation, WhatsApp automation, digital marketing, consulting, maintenance, and related technology services.
By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our website or services.
Esight Solutions provides digital technology and business solutions, including:
- Website design and development
- Web application development
- Mobile application development
- ERP and CRM solutions
- eCommerce development
- AI automation
- WhatsApp automation
- Digital marketing
- Software consulting
- Website and application maintenance
- Custom software development
- Other related digital and technology services
The exact services provided to a client will be determined by the applicable proposal, quotation, statement of work ("SOW"), service agreement, purchase order, or other written agreement between Esight Solutions and the client.
By:
- Accessing or using our website;
- Requesting a quotation;
- Submitting an enquiry;
- Approving a project proposal;
- Signing a service agreement;
- Making a payment; or
- Engaging Esight Solutions for any service,
you acknowledge that you have read, understood, and agreed to these Terms.
For project-specific engagements, these Terms should be read together with the applicable proposal, quotation, SOW, SLA, invoice, or service agreement.
If there is a conflict between these Terms and a signed written agreement, the signed agreement will take precedence to the extent of that conflict.
You may use our website for lawful purposes and in accordance with these Terms. You agree not to:
- Use the website for unlawful or fraudulent purposes;
- Attempt to gain unauthorised access to our website, servers, systems, or databases;
- Interfere with the operation or security of the website;
- Introduce viruses, malware, malicious scripts, or harmful code;
- Scrape, copy, reproduce, or commercially exploit website content without permission;
- Impersonate another individual, company, or organisation;
- Submit false, misleading, or fraudulent information;
- Use the website to infringe the rights of another person or organisation;
- Attempt to circumvent security or authentication mechanisms; or
- Use the website in any manner that could damage, disable, overburden, or impair our systems.
We reserve the right to restrict or terminate access to our website where we reasonably believe that these Terms have been violated.
For paid projects, the scope of work, deliverables, timelines, technology requirements, pricing, milestones, and responsibilities will be defined in the relevant project proposal, quotation, SOW, or service agreement.
4.1 Custom Development
Development will be carried out based on the approved requirements, specifications, designs, wireframes, prototypes, and other project documentation. Changes to requirements after approval may require:
- Additional development time;
- Revised delivery schedules;
- Additional costs; or
- A formal change request or work order.
4.2 Scope Changes
Requests that fall outside the agreed project scope may be treated as additional work. Examples include:
- New features;
- Major design changes;
- Additional pages or modules;
- New integrations;
- Additional platforms;
- Changes to previously approved functionality;
- New third-party services; or
- Significant changes to business requirements.
Additional work will be undertaken subject to approval of the applicable quotation or change request.
Project timelines are estimated based on the information and resources available at the time of planning. Delivery dates may be affected by:
- Delays in receiving required content;
- Delays in client approvals;
- Changes in project requirements;
- Delays from third-party service providers;
- API or platform changes;
- Hosting or infrastructure issues;
- Regulatory or compliance requirements;
- Force majeure events; or
- Other circumstances outside our reasonable control.
Where a client delays required approvals, materials, credentials, feedback, or decisions, the project timeline may be adjusted accordingly.
The client agrees to provide all information, materials, access credentials, approvals, and cooperation reasonably required for the successful completion of the project. This may include:
- Logo and branding materials;
- Text and website content;
- Images and videos;
- Product information;
- Business requirements;
- Domain and hosting access;
- API credentials;
- Third-party service credentials;
- Database access;
- Payment gateway information;
- Social media or advertising access;
- Legal and compliance information; and
- Timely feedback and approvals.
The client is responsible for ensuring that materials supplied to Esight Solutions are accurate and that the client has the necessary rights or permissions to use them.
The client is responsible for reviewing and approving designs, content, functionality, and other project deliverables within the agreed review period.
Once a deliverable has been approved, subsequent changes may be treated as additional work where they fall outside the agreed scope.
Delays in providing feedback or approvals may result in corresponding changes to project schedules and delivery milestones.
Project fees and payment schedules will be specified in the applicable quotation, proposal, invoice, or service agreement. Unless otherwise agreed in writing, project payments may include:
01Project Initiation
An advance or project initiation payment may be required before work begins.
02Milestone Payments
Payments may be linked to defined project milestones, such as project commencement, design approval, development milestone, beta or staging release, testing, final delivery, or production launch.
03Final Payment
Where applicable, final deliverables, source code, production deployment, or transfer of specified intellectual property may be subject to receipt of all outstanding payments.
04Late Payments
If an invoice remains unpaid beyond the agreed payment period, Esight Solutions may, after reasonable notice, pause development, suspend support or maintenance, delay delivery, suspend hosting-related services where applicable, or take other reasonable steps permitted under the applicable agreement. Any applicable late-payment charges will be specified in the relevant agreement or invoice.
Unless otherwise stated in a written agreement, project initiation payments or deposits may be non-refundable once resources have been allocated or project work has commenced.
If a client cancels a project after work has started, the client may remain responsible for:
- Work completed up to the cancellation date;
- Approved third-party expenses;
- Non-cancellable service costs;
- Purchased licenses or resources;
- Outstanding milestone payments; and
- Other agreed project expenses.
Any refund will be considered in accordance with the applicable project agreement and the work already performed.
10.1 Client-Specific Deliverables
Subject to full payment of all applicable fees, ownership of agreed client-specific deliverables created specifically for the project may be transferred to the client as specified in the applicable agreement. This may include, where expressly agreed:
- Custom website designs;
- Client-specific graphics;
- Website content created specifically for the client;
- Custom source code;
- Custom application modules; and
- Other specifically identified deliverables.
10.2 Esight Pre-Existing Intellectual Property
Esight Solutions retains ownership of its pre-existing and independently developed intellectual property, including frameworks, libraries, reusable components, templates, development tools, scripts, internal systems, methodologies, processes, generic code, proprietary technology, and know-how.
Where such materials are incorporated into a client project, the client receives the rights necessary to use the final deliverable, subject to the applicable agreement.
10.3 Third-Party Components
Projects may include open-source software, commercial libraries, APIs, plugins, fonts, stock assets, SDKs, or other third-party components. Such components remain subject to their respective licenses and terms. The client agrees to comply with applicable third-party licensing requirements.
The client retains ownership of materials supplied by the client, including trademarks, logos, photographs, videos, documents, databases, business information, and other proprietary content.
The client grants Esight Solutions permission to use such materials solely as reasonably necessary to provide the contracted services.
The client represents that it has the necessary rights and permissions to provide these materials to Esight Solutions.
Esight Solutions may integrate third-party services into websites, applications, software, and automation systems. Examples may include:
- Payment gateways;
- WhatsApp APIs;
- Google services;
- Maps and location services;
- Cloud services;
- Email platforms;
- Hosting providers;
- Analytics platforms;
- Social media platforms;
- CRM systems;
- AI services;
- SMS providers; and
- Other external APIs or software.
Third-party services are controlled by their respective providers. Esight Solutions is not responsible for:
- Third-party service outages;
- API changes;
- Service discontinuation;
- Pricing changes;
- Account restrictions;
- Third-party policy changes;
- Data loss caused by a third-party service; or
- Features becoming unavailable due to changes made by the third-party provider.
Where third-party costs are required, those costs may be payable separately by the client unless otherwise agreed.
Where hosting, domain registration, cloud infrastructure, SSL certificates, email services, or other infrastructure services are provided or managed by Esight Solutions, the applicable charges and service terms will be specified separately.
Unless expressly included in an SLA, Esight Solutions does not guarantee uninterrupted availability of third-party hosting, cloud infrastructure, domain registrars, APIs, or external services.
The client remains responsible for renewing client-owned domains, licenses, subscriptions, and third-party accounts unless Esight Solutions has expressly agreed to manage them.
Maintenance and support services are provided according to the applicable maintenance agreement or SLA. Support may include:
- Bug fixes;
- Technical assistance;
- Security updates;
- Minor content updates;
- Performance monitoring; or
- Other agreed support services.
New functionality, major redesigns, new integrations, or significant changes may be treated as separate development work.
Unless specifically agreed, maintenance and support do not guarantee that all third-party services or integrations will remain available indefinitely.
Where Esight Solutions provides digital marketing services, campaign performance may depend on factors outside our control, including:
- Search engine algorithms;
- Advertising platform policies;
- Market conditions;
- Competition;
- Customer behaviour;
- Platform changes;
- Advertising budgets;
- Website performance; and
- Third-party platform availability.
We do not guarantee specific rankings, traffic levels, lead volumes, sales, revenue, or return on investment unless a specific written agreement expressly provides such a guarantee.
AI-powered tools and automation systems may depend on third-party models, APIs, platforms, datasets, or external infrastructure.
AI-generated outputs may not always be accurate, complete, or suitable for a particular purpose. Clients are responsible for reviewing and validating important outputs before relying on them for legal, financial, medical, operational, or other consequential decisions.
Esight Solutions does not guarantee that AI or automated systems will always produce error-free results.
We make reasonable efforts to maintain accurate and up-to-date information on our website. However, website content may contain errors, omissions, outdated information, or typographical mistakes.
Information published on the website is provided for general informational purposes and should not be considered a binding quotation, guarantee, professional advice, or contractual commitment unless expressly stated otherwise.
Unless otherwise stated, the content and materials available on the Esight Solutions website are owned by or licensed to Esight Solutions. This may include:
- Text;
- Logos;
- Branding;
- Graphics;
- Images;
- Videos;
- Animations;
- Website designs;
- Source code;
- Layouts;
- Illustrations;
- Icons; and
- Other digital materials.
You may not reproduce, modify, distribute, publish, sell, license, or commercially exploit our website content without prior written permission. Third-party trademarks and logos remain the property of their respective owners.
Where permitted by the applicable client agreement, Esight Solutions may display completed projects, client names, trademarks, screenshots, or project descriptions in its portfolio, marketing materials, presentations, or website.
If a client requires confidentiality or prohibits public portfolio use, such restrictions should be expressly agreed in writing.
Both parties may receive confidential information during a project. Each party agrees to use reasonable measures to protect confidential information and not disclose it to unauthorised third parties except where:
- Disclosure is required by law;
- Disclosure is necessary to provide the contracted services;
- The information is already publicly available;
- The information was independently developed; or
- The owner of the information has provided written permission.
Where a separate Non-Disclosure Agreement ("NDA") exists, the NDA will govern confidentiality obligations to the extent of any conflict.
Your use of the Esight Solutions website and our processing of personal information are governed by our Privacy Policy.
By using our website or submitting information to us, you acknowledge that you have reviewed our Privacy Policy.
Our website may contain links to third-party websites, applications, social media platforms, or services. These links are provided for convenience.
Esight Solutions does not control or guarantee the availability, accuracy, security, or privacy practices of third-party websites. Your use of third-party services is subject to their own terms and policies.
To the maximum extent permitted by applicable law, our website and services are provided on an "as is" and "as available" basis unless otherwise expressly stated in a written agreement. We do not guarantee that:
- The website will always be available;
- The website will be completely error-free;
- All information will always be accurate or current;
- Third-party integrations will always operate without interruption;
- Software will be completely free from bugs;
- External APIs will remain available;
- Search engine rankings will remain unchanged; or
- Business results will meet a specific target unless expressly agreed in writing.
To the maximum extent permitted by applicable law, Esight Solutions will not be liable for indirect, incidental, special, punitive, or consequential losses arising from the use of our website or services. This may include, without limitation:
Loss of profits, loss of revenue, loss of business opportunities, loss of anticipated savings, loss of goodwill, business interruption, data loss, or losses arising from third-party service interruptions.
To the maximum extent permitted by law, Esight Solutions' total aggregate liability relating to a specific project will not exceed the total fees actually paid to Esight Solutions for that specific project or service during the applicable engagement period.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.
To the extent permitted by applicable law, the client agrees to indemnify and hold Esight Solutions and its employees, representatives, and service providers harmless from claims, losses, damages, liabilities, costs, or expenses arising from:
- Client-provided content;
- Client's unlawful use of our services;
- Client's violation of these Terms;
- Client's infringement of third-party intellectual property rights;
- Client's misuse of software or services; or
- Client's violation of applicable laws or regulations.
Esight Solutions may suspend or terminate services where reasonably necessary due to:
- Non-payment;
- Material breach of these Terms;
- Illegal activity;
- Security threats;
- Abuse or misuse of our systems;
- Fraudulent activity;
- Repeated violation of project requirements; or
- Other circumstances permitted under the applicable agreement.
Termination does not automatically release either party from payment obligations or other obligations that accrued before termination.
Neither party will be responsible for delays or failure to perform obligations caused by circumstances beyond reasonable control. Such circumstances may include:
- Natural disasters;
- Fire;
- Flood;
- War;
- Terrorism;
- Government restrictions;
- Internet or telecommunications failures;
- Cybersecurity incidents;
- Power failures;
- Pandemics;
- Labour disruptions;
- Cloud infrastructure failures; or
- Major third-party platform outages.
The affected party should make reasonable efforts to notify the other party and resume performance when reasonably possible.
These Terms shall be governed by and interpreted in accordance with the laws of India. Subject to applicable law and any written agreement between the parties, disputes arising in connection with these Terms or our services shall be subject to the jurisdiction of the competent courts in Kerala, India.
Where the parties have entered into a separate agreement containing an arbitration or dispute-resolution mechanism, that agreement will apply.
Esight Solutions may update these Terms from time to time to reflect changes to our services, website, business practices, technology, or applicable legal requirements. The updated version will be published on this page with a revised "Last Updated" date.
Your continued use of our website or services after an update constitutes acceptance of the revised Terms, to the extent permitted by applicable law.
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be limited or removed to the minimum extent necessary, while the remaining provisions will continue to apply.
These Terms, together with any applicable proposal, quotation, SOW, SLA, invoice, NDA, or signed service agreement, constitute the agreement governing the relevant services.
No provision of these Terms is intended to override a specific written agreement entered into between Esight Solutions and a client unless expressly stated.
By accessing the Esight Solutions website, requesting our services, approving a proposal, or engaging us for a project, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.