Terms of Service

By accessing our website at mp53.in, requesting a quote, signing a project agreement, or engaging our services in any form, you acknowledge that you have read, understood, and agree to be bound by these Terms.

• If you are entering into these Terms on behalf of a company or legal entity, you represent that you have the authority to bind such entity to these Terms.
• If you do not agree to these Terms, you must not use our services or access our website.
• These Terms apply to all visitors, users, and clients of MP53 Digital Solutions.

MP53 Digital Solutions provides the following professional IT services, subject to individual project agreements and scope of work documents:

• Web Development — Design and development of websites, web applications, e-commerce platforms, and CMS-based solutions.
• Mobile App Development — Native and cross-platform mobile application development for iOS and Android.
• Cybersecurity Services — Penetration testing, VAPT, security audits, compliance consulting, and SOC monitoring.
• Cloud Solutions — Cloud architecture, migration, DevOps, and infrastructure management on AWS, Azure, and GCP.
• UI/UX Design — User research, wireframing, prototyping, and pixel-perfect design implementation.
• SEO & Digital Marketing — Search engine optimisation, content marketing, paid advertising, and analytics.
• Software Development — Custom ERP, CRM, SaaS, and business automation software.
• IT Consulting — Technology strategy, digital transformation advisory, and vendor management.

The specific scope, deliverables, timelines, and pricing for each engagement will be defined in a separate Statement of Work (SOW) or Project Agreement. In the event of any conflict between these Terms and a signed Project Agreement, the Project Agreement shall prevail.

To enable us to deliver services effectively, the Client agrees to:

• Provide accurate, complete, and timely information, content, assets, and materials as required for the project.
• Designate a primary point of contact with authority to make decisions and provide approvals in a timely manner.
• Review and provide feedback on deliverables within the timelines specified in the project agreement. Feedback delays exceeding 7 business days may result in timeline adjustments.
• Ensure that all content, materials, trademarks, or data provided to MP53 Digital Solutions are legally owned by the Client or properly licensed, and do not infringe the rights of any third party.
• Provide necessary access to systems, platforms, hosting accounts, APIs, or third-party services required for project delivery.
• Not hold MP53 Digital Solutions liable for delays, defects, or failures caused by inaccurate information, delayed feedback, or failure to meet client obligations.

All fees for services will be detailed in the project proposal or invoice. Unless otherwise agreed in writing:

• Payment Milestone Structure: Standard projects follow a 30% advance upon project commencement, 40% upon mid-project milestone sign-off, and 30% upon final delivery and acceptance.
• Invoice Payment: All invoices are due within 15 days of the invoice date unless otherwise specified.
• Late Payments: Overdue payments will incur a late fee of 1.5% per month on the outstanding balance.
• Work Suspension: MP53 Digital Solutions reserves the right to suspend work on a project if payment is overdue by more than 10 business days.
• Currency: All fees are quoted and payable in Indian Rupees (INR) unless otherwise agreed.
• Taxes: All fees are exclusive of applicable taxes including GST. The Client is responsible for all applicable taxes.
• Retainer Engagements: Monthly retainer fees are billed in advance on the 1st of each month and are non-refundable once the billing cycle has commenced.

Intellectual property rights are addressed as follows:

• Client Content: All content, materials, logos, trademarks, and data provided by the Client remain the exclusive property of the Client.
• Deliverable Ownership: Upon receipt of full and final payment, MP53 Digital Solutions assigns to the Client all rights, title, and interest in the custom deliverables created specifically for the Client under the project.
• Third-Party Components: Deliverables may incorporate open-source software, licensed libraries, fonts, stock assets, or third-party APIs. Such components are governed by their respective licenses. MP53 will disclose significant third-party dependencies.
• MP53 Pre-existing IP: All proprietary tools, frameworks, methodologies, know-how, and reusable code components developed by MP53 Digital Solutions prior to or outside of the project ("MP53 IP") remain the exclusive property of MP53 Digital Solutions. The Client receives a non-exclusive, royalty-free licence to use MP53 IP solely as embedded in the project deliverables.
• Portfolio Rights: Unless explicitly restricted in writing, MP53 Digital Solutions reserves the right to display completed work in its portfolio, case studies, and marketing materials.

Both parties acknowledge that during the course of the engagement, each may have access to confidential and proprietary information of the other ("Confidential Information").

• Each party agrees to hold the other's Confidential Information in strict confidence and not to disclose it to any third party without prior written consent, except as required by law.
• Confidential Information includes but is not limited to: business plans, financial data, technical specifications, source code, trade secrets, customer data, and project details.
• This obligation survives the termination of the engagement for a period of 3 years.
• Upon request or project termination, each party will return or destroy the other's Confidential Information.

Clients requiring an NDA prior to sharing sensitive details may request one by emailing hello@mp53.in. We execute NDAs within 24 hours.

MP53 Digital Solutions warrants that:

• Services will be performed in a professional and workmanlike manner consistent with industry standards.
• Deliverables will substantially conform to the agreed specifications at the time of delivery.
• A 60-day post-launch warranty covers bug fixes and defects arising from our implementation, at no additional cost.

• MP53 Digital Solutions is not liable for defects caused by the Client's modifications to deliverables after acceptance.
• Third-party services, APIs, and platforms integrated into deliverables are subject to their own terms and availability. MP53 is not liable for third-party outages or changes.

In no event shall MP53 Digital Solutions be liable for:

• Indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, business opportunity, data, or goodwill.
• Business interruption, even if advised of the possibility of such damages.
• Damages resulting from the Client's failure to maintain adequate backups of their data.
• Security breaches, data loss, or cyberattacks caused by the Client's negligence or failure to follow security recommendations.

Either party may terminate a project engagement as follows:

• By the Client: With 30 days written notice. Upon termination, the Client shall pay for all work completed up to the termination date at the applicable rate, including any non-cancellable third-party costs incurred on the Client's behalf.
• By MP53 Digital Solutions: With 30 days written notice if the Client materially breaches these Terms, or immediately if the Client fails to make payment within 30 days of the due date.
• Effect of Termination: Upon termination, all deliverables completed and paid for will be transferred to the Client. Deliverables not yet paid for will remain the property of MP53 Digital Solutions.
• No Refunds: All payments made prior to termination are non-refundable unless MP53 Digital Solutions has materially failed to deliver agreed services.

MP53 Digital Solutions is committed to protecting the privacy and security of personal data.

• Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.
• When handling Client data or their customers' data as part of service delivery, MP53 Digital Solutions acts as a data processor and will process such data only on the Client's documented instructions.
• MP53 Digital Solutions implements industry-standard technical and organisational security measures to protect data from unauthorised access, loss, or disclosure.
• The Client is responsible for obtaining all necessary consents and permissions required to share data with MP53 Digital Solutions for the purposes of service delivery.
• MP53 Digital Solutions will promptly notify the Client of any confirmed data breach that affects Client data, in accordance with applicable law.

The Client agrees to indemnify, defend, and hold harmless MP53 Digital Solutions, its directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to:

• The Client's use of the deliverables or services in a manner that violates applicable law or third-party rights.
• Any content, materials, or data provided by the Client that infringes the intellectual property rights, privacy rights, or other rights of any third party.
• The Client's breach of any representation, warranty, or obligation under these Terms.
• Any product or service the Client develops using MP53's deliverables.

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

• Informal Resolution: In the event of any dispute, the parties agree to first attempt to resolve the matter informally through good-faith negotiations for a period of 30 days.
• Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India). The seat of arbitration shall be India.
• Jurisdiction: For matters not subject to arbitration, the courts of India shall have exclusive jurisdiction.

• Amendments: MP53 Digital Solutions reserves the right to update these Terms at any time. We will notify existing clients of material changes via email. Continued use of our services after such notice constitutes acceptance of the updated Terms.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
• Entire Agreement: These Terms, together with any signed project agreement or SOW, constitute the entire agreement between the parties and supersede all prior communications, representations, or agreements.
• Force Majeure: Neither party shall be liable for delays caused by circumstances beyond their reasonable control, including natural disasters, pandemics, government actions, or internet outages.
• Assignment: The Client may not assign these Terms or any rights hereunder without prior written consent from MP53 Digital Solutions. MP53 may assign these Terms in connection with a merger, acquisition, or sale of assets.

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

For legal notices, please send a formal written communication to hello@mp53.in with the subject line "Legal Notice – Terms of Service".