Terms of Service

By signing a Statement of Work (SOW), approving a project proposal, paying an initial invoice, or otherwise retaining the services of Pink & Blue Developers (“Studio,” “we,” “us,” or “our”), the client entity (“Client,” “you,” or “your”) agrees to be legally bound by these Terms of Service.

In the event of an explicit conflict between these Terms and a mutually executed Statement of Work, the provisions of the Statement of Work shall prevail with respect to that specific engagement.

We operate as a focused engineering studio delivering bespoke digital platforms, web software, interactive systems, and design architectures. Engagements are structured under three primary formats:

• Fixed-Scope Engagements: Projects governed by clearly defined milestones, sprint deliverables, and technical specifications outlined in an approved Statement of Work.
• Dedicated Sprint Engagements: Engineering sprints billed on a weekly or monthly cadence, ideal for exploratory architectures, greenfield platforms, and evolving roadmaps.
• Technical Support & Retainers: Monthly reserved engineering capacity for framework updates, performance monitoring, infrastructure hardening, and maintenance.

Complete Client Ownership: Upon receipt of full and final payment for all work performed under an applicable Statement of Work, the Studio irrevocably transfers to Client all right, title, and interest in and to custom code, design files, database schemas, and assets created specifically for Client (“Custom Deliverables”).

Open-Source & Studio Primitives: Deliverables frequently incorporate established open-source software (e.g., React, Next.js, Tailwind CSS, GSAP) and pre-existing Studio utility modules. Open-source libraries remain subject to their respective licenses (such as MIT or Apache 2.0). The Studio grants Client a perpetual, worldwide, royalty-free license to utilize and modify any embedded Studio developer utilities.

Portfolio Reference: Unless expressly restricted by a signed Non-Disclosure Agreement (NDA), Studio reserves the right to mention Client, display public screenshots, and describe the non-confidential technical nature of the project in its studio archive and case studies.

Successful technical execution requires prompt collaboration. Client agrees to:

• Designate an authorized project representative empowered to provide definitive technical and design approvals.
• Provide required technical access credentials, third-party API keys, domain DNS access, and necessary content assets in a timely fashion.
• Review and submit feedback on milestone staging builds within five (5) business days of delivery. Uncontested staging builds after five business days shall be deemed approved.

Invoicing Schedule: Fixed-scope projects typically require an initial commencement deposit (40%–50%) prior to sprint kickoff, with subsequent milestone payments tied to verifiable staging deliveries.

Payment Net Terms: Invoices are payable within fifteen (15) calendar days from the invoice date (“Net 15”) via domestic bank wire (NEFT/RTGS/IMPS in INR) or international wire (USD/EUR/GBP).

Late Payments: Accounts unpaid past the due date incur an interest charge of 1.5% per month (or the maximum permitted by law) calculated daily. Studio reserves the right to pause active deployments if invoices remain delinquent past fourteen (14) days.

During fixed-scope sprints, Client is entitled to two (2) consolidated rounds of aesthetic and UX refinements within the parameters of the original functional specification.

Requests introducing new data models, architectural changes, additional third-party API integrations, or substantial deviations from approved wireframes constitute an Out-of-Scope Change. Such requests will be documented in a written Change Order detailing schedule adjustments and engineering fees prior to execution.

All custom software authored by Pink & Blue Developers is backed by a comprehensive thirty (30) calendar-day defect warranty starting upon production launch or formal project handover.

During this warranty period, the Studio will diagnose and fix any reproducible software defects, browser rendering regressions, or deviations from agreed technical specifications without additional charge.

Exclusions: This warranty does not cover issues resulting from unauthorized source code edits by third parties, upstream outages or deprecations in third-party services (e.g., Stripe, AWS, OpenAI), or browser versions released after final sign-off.

Client maintains direct billing and ownership of its cloud hosting accounts (e.g., Vercel, Supabase, AWS, Cloudflare) and domain registrations. The Studio configures, hardens, and establishes automated CI/CD pipelines directly into Client's infrastructure.

The Studio is not liable for service interruptions, upstream downtime, or performance degradation caused by third-party cloud providers, payment gateways, or network carriers.

Both parties agree that all proprietary architecture documents, source code, client customer data, financial terms, and strategic plans shared during the engagement remain strictly confidential.

Confidential information shall not be disclosed to any third party without prior written consent, except to necessary team members, contractors, and legal advisors who are bound by matching non-disclosure obligations.

To the maximum extent permitted by applicable law, neither Pink & Blue Developers nor its engineers shall be liable for indirect, incidental, consequential, special, or punitive damages, including loss of revenue, data loss, business interruption, or loss of anticipated profits.

The Studio's total aggregate liability arising from any claim related to an engagement shall be strictly limited to the total fees actually paid to Pink & Blue Developers under the applicable Statement of Work in the six (6) months preceding the claim.

Either party may terminate an agreement upon fourteen (14) days written notice in the event of a material breach by the other party, provided such breach is not cured within the notice period.

Client may cancel an engagement for convenience upon thirty (30) days written notice, upon which Client shall pay for all engineering milestones and work completed through the cancellation date.

These Terms, all Statements of Work, and any related disputes shall be governed by and interpreted in accordance with the laws of the Republic of India.

The parties agree to seek amicable resolution through good-faith executive discussion prior to any formal dispute. The courts located in Maharashtra, India shall have exclusive jurisdiction over any proceedings.