Terms & Conditions

Terms & Conditions for Xplorbuzz

1. Introduction

Welcome to Xplorbuzz Private Limited (“Xplorbuzz”, “we”, “our”, or “us”). By accessing or using our website www.xplorbuzz.com, you (“client”, “user”, “you”) agree to comply with and be bound by these Terms & Conditions, along with our Privacy & Cookie Policy. If you do not agree, you should discontinue using our website and services immediately.

These Terms and Conditions establish the framework of expectations, responsibilities, and legal protections for both parties. They cover all engagements, whether exploratory discussions, consulting, or full-fledged project execution. Please read carefully, as continued use of our website and services implies consent to these stipulations.

2. Services Covered

We provide the following IT/ITES solutions, which may be delivered on a stand-alone basis or as part of an integrated technology engagement:

• UI/UX Design – covering user research, design wireframes, prototyping, and high-fidelity visual design.
• Website Development – end-to-end web solutions including static sites, CMS-based websites, and advanced portals.
• Application Development – development of mobile apps for Android, iOS, or cross-platform frameworks.
• Software Development – custom enterprise-grade software tailored to unique business processes.
• AI & Automation – intelligent systems, chatbots, workflow automation, and predictive analytics.
• Cloud Solutions & DevOps – cloud deployment, server management, CI/CD pipelines, and monitoring.
• Digital Marketing – end-to-end online promotion through SEO, SEM, content strategies, paid ad campaigns, and analytics.
• BPO & IT Support – outsourced operations, customer support, technical helpdesk, and managed IT services.

2A. Digital Marketing Disclaimer

While we employ industry best practices for SEO, paid ads, on-site and off-site optimization, content posting, and campaign execution, we do not guarantee:

• First-page rankings on Google or other search engines
• High-volume traffic results within a fixed timeline
• Acquisition of a specific number of customers, subscribers, or leads

All marketing efforts are on a best-effort basis in line with accepted digital industry practices. Results vary depending on market conditions, competition, algorithm updates, and client participation in providing relevant inputs. Xplorbuzz may recommend additional activities to improve outcomes, but these will always be subject to mutual consent and may involve additional costs.

2B. BPO & IT Support Terms

In addition to the services mentioned above, Xplorbuzz provides Business Process Outsourcing (BPO) and IT Support Services. By engaging with these services, you acknowledge and agree to the following:

• Scope of Work: BPO and IT Support will be delivered as per the agreed SOW, proposal, or contract. This may include customer support, technical support, data entry, helpdesk management, back-office processing, or other outsourcing functions depending on project scope.
• Confidentiality: Xplorbuzz will maintain strict confidentiality of client data, customer interactions, and sensitive information. However, the client is responsible for providing secure access, compliance frameworks, and documentation (e.g., GDPR, HIPAA, PCI-DSS if applicable).
• Service Availability: While Xplorbuzz aims to provide uninterrupted BPO/IT support, we do not guarantee 24/7 availability unless explicitly agreed in writing. Scheduled downtimes, holidays, or force majeure events may affect service hours. Where SLA commitments exist, they will be documented separately.
• Data & Infrastructure: Clients must provide the necessary tools, CRMs, dialers, hosting, or IT infrastructure access. Xplorbuzz is not liable for downtime or failures caused by client-side systems or third-party platforms beyond our control.
• Performance & KPIs: Any performance metrics, KPIs, or SLAs must be mutually defined in advance. Xplorbuzz will use best efforts to achieve these goals but will not be liable for client revenue losses tied to market fluctuations, customer behavior, or strategic decisions.
• Third-Party Tools: If BPO/IT Support requires third-party software, integrations, or licenses, the client is responsible for purchasing and maintaining them. Xplorbuzz may provide recommendations but is not liable for disruptions caused by external vendors.

3. Payments & Refund Policy

• All advance payments made towards project execution are non-refundable since they are immediately allocated towards resource planning, staffing, and initiation of the project.
• If the client wishes to switch to another project immediately after payment or after the 1st update, the advance may be adjusted (with zero-to-minimal deduction) towards the new project.
• If more than two updates have been provided, the advance is strictly non-refundable, since resources and man-hours will have already been consumed.
• Milestones and payments are governed by, but not limited to, the SOW/Project Proposal/Price Confirmation email sent by us. Detailed invoicing will be provided for transparency.
• Any change in scope (SOW) during the project may incur additional costs, communicated via email as an add-on milestone. Delays caused by client-side changes may also affect timelines and pricing.
• 100% payment must be cleared before deployment, delivery, or handover of any project. Hosting or server transfer will only be initiated after payment clearance.

4. User Responsibilities

This website is informational and showcases our services and solutions. For detailed queries or custom projects, you must contact us via our Contact Us page. Doing so means you agree to our Terms & Conditions and Privacy Policy.

Users must not misuse our site, including but not limited to:

• Using or copying images, text, or branding without permission
• Misusing/spamming contact forms or automated submissions
• Scraping, extracting, or data-mining our content without prior written approval
• Uploading malicious files, malware, or attempting to hack or disrupt services
• Any unlawful activity under Indian or international law

Users are responsible for ensuring the accuracy of the information they submit, safeguarding their access credentials, and maintaining compliance with all applicable laws when interacting with our platforms.

5. Intellectual Property (IP)

• All content, designs, source code, and deliverables remain the property of Xplorbuzz until full payment is received.
• Upon full payment, the client owns the final deliverable, including source code and frameworks (if applicable).
• If a website, application, or software is hosted on Xplorbuzz servers, ownership rights apply to the deliverable only, while hosting remains subject to our infrastructure policies and agreements.
• Xplorbuzz may use non-confidential parts of deliverables (e.g., generic frameworks) in future projects, provided it does not infringe on client confidentiality.

6. Limitation of Liability

Xplorbuzz shall not be held liable for:

• Indirect, incidental, or consequential damages including lost profits, reputational harm, or missed business opportunities
• Downtime, data loss, or revenue loss arising from technical faults, cyberattacks, or unavoidable outages
• Failures caused by third-party services, hosting providers, APIs, or plugins beyond our control
• Client delays, incomplete information, or improper system usage that hinder delivery of services

Our liability under any contract is limited to the amount paid by the client for the specific service in question.

7. Third-Party Services Disclaimer

Where a project requires third-party services (e.g., hosting, APIs, plugins, advertising platforms, CRMs, or external libraries), the client is responsible for subscribing, configuring, and maintaining these.Xplorbuzz is not liable for any interruptions, losses, or damages arising from third-party updates, service changes, pricing revisions, policy alterations, or terminations.We may recommend certain vendors or services, but these are provided strictly on a best-effort advisory basis.

8. Termination

• Either party may terminate a project with written notice.
• If terminated by the client, payments received so far remain non-refundable (per refund policy).
• If terminated by Xplorbuzz, advance payments may be partially refundable after accounting for resources consumed, administrative costs, and mutual consent.
• Termination does not release the client from obligations of confidentiality or IP usage restrictions.

9. Jurisdiction & Governing Law

• These Terms & Conditions are governed under the laws of India.
• All disputes shall fall under the exclusive jurisdiction of the courts of West Bengal, India, regardless of the client’s nationality.
• Contracts executed with global clients shall still be bound by Indian law unless otherwise agreed in writing.

10. Amendments

Xplorbuzz reserves the right to update or amend these Terms & Conditions at any time without prior notice. Continued use of our website and services indicates acceptance of the latest version. Clients are encouraged to review this page periodically.

11. Contact Us

For queries regarding these Terms & Conditions, please contact us at [email protected].