Terms & Conditions

1. Introduction & Acceptance of Terms

Welcome to THE CUSTOM SOLUTION (“Company”, “we”, “our”, or “us”). These Terms & Conditions (“Terms”) constitute a legally binding agreement between THE CUSTOM SOLUTION and every individual, business, organization, or legal entity (“Client”, “Customer”, “User”, or “You”) accessing our website, purchasing our services, requesting consultations, or engaging with us through any communication channel. THE CUSTOM SOLUTION is a professional business solutions company specializing in e- commerce account management, website development, software development, digital marketing, branding, creative design, and related business consulting services. These Terms apply to all services offered through our website, proposals, quotations, invoices, agreements, emails, social media platforms, messaging applications, and any other communication medium used by the Company. By visiting our website, submitting an inquiry, requesting a quotation, making a payment, signing a proposal, or continuing to use our services, you acknowledge that you have carefully read, understood, and agreed to be legally bound by these Terms & Conditions, our Privacy Policy, Refund & Cancellation Policy, and any additional service-specific agreements. If you do not agree with any part of these Terms, you must immediately discontinue the use of our website and services. By accepting these Terms, you also agree that:

• You have read these Terms carefully.
• You possess the legal authority to enter into this agreement.
• You agree to comply with all applicable laws and regulations.
• You accept all policies published by THE CUSTOM SOLUTION.
• Electronic acceptance shall have the same legal effect as a written signature.
• Continued use of our services constitutes your ongoing acceptance of these Terms.

2. Definitions

For the purposes of these Terms & Conditions, the following definitions shall apply unless the context requires otherwise. “Company” refers to THE CUSTOM SOLUTION, including its owners, directors, employees, consultants, contractors, representatives, affiliates, successors, and assigns. “Client” means any individual, business, company, partnership, organization, or legal entity using or purchasing any service offered by THE CUSTOM SOLUTION. “Website” means the official website operated by THE CUSTOM SOLUTION, including all associated web pages, portals, dashboards, landing pages, applications, and online platforms. “Services” means every professional service provided by THE CUSTOM SOLUTION, whether paid or unpaid. These services may include:

• Amazon Account Management
• Flipkart Account Management
• Marketplace Management
• Website Design & Development
• Software Development
• CRM Development
• Mobile Application Development
• Graphic Designing
• Branding
• Product Listing
• A+ Content Design
• Product Photography
• Video Creation
• AI Creative Services
• Digital Marketing
• SEO
• PPC Advertising
• Business Consultation
• Content Writing
• Technical Support “Agreement” means these Terms together with any proposal, quotation, invoice, statement of work, purchase order, email confirmation, or signed contract. “Business Day” means any day other than Sundays and officially declared public holidays in India. “Confidential Information” includes business information, passwords, credentials, reports, financial information, marketing strategies, source code, customer data, pricing information, internal documentation, and any information identified as confidential.

3. Eligibility to Use Our Services

Our services are intended only for individuals and organizations capable of entering into legally enforceable agreements under applicable law. By using our services, you represent and warrant that:

• You are at least 18 years of age.
• You have full legal capacity to enter into binding contracts.
• You possess all necessary authority to represent your business.
• The information provided by you is true, accurate, complete, and current.
• You will promptly update any information that becomes inaccurate.
• Your use of our services will not violate any applicable law.
• You are not prohibited by any court order or regulatory authority from entering into this agreement. THE CUSTOM SOLUTION reserves the absolute right to refuse service if:
• False information is provided.
• Fraudulent documents are submitted.
• Identity verification cannot be completed.
• The requested project violates applicable laws.
• The requested services involve prohibited or illegal products.
• Your business poses a reputational or legal risk to the Company. We may request additional documents, including but not limited to:
• GST Registration
• PAN Card
• Business Registration Certificate
• Trademark Certificates
• Authorization Letters
• Government-issued Identity Proof
• Address Proof
• Marketplace Verification Documents Failure to provide requested documents may result in suspension, delay, or cancellation of services.

4. Scope of Services

THE CUSTOM SOLUTION provides professional business services tailored to the specific requirements of each client. The exact scope of work shall be determined by the accepted proposal, quotation, invoice, service agreement, or written communication between the parties. Unless expressly stated in writing, no additional work shall be deemed included within the agreed project scope. Our services may include, without limitation: E-Commerce Services

• Amazon Seller Account Setup
• Amazon Account Management
• Flipkart Seller Account Management
• Marketplace Audits
• Product Listing
• Catalog Creation
• Inventory Management
• Brand Registry Assistance
• Account Health Support
• Advertising Management
• Business Reports Website & Software Services
• Business Websites
• Corporate Websites
• E-Commerce Websites
• Landing Pages
• CRM Systems
• ERP Solutions
• Custom Software
• API Integration
• Dashboard Development
• Mobile Responsive Design Creative Services
• Logo Design
• Brand Identity
• Social Media Creatives
• Product Packaging
• Amazon Infographics
• A+ Content
• Product Photography
• Video Editing
• AI Image Creation
• AI Video Production Marketing Services
• Search Engine Optimization
• Google Ads
• Meta Ads
• Amazon PPC
• Flipkart Ads
• Social Media Marketing
• Email Marketing
• Performance Marketing
• Lead Generation Service timelines depend upon:
• Project complexity
• Client approvals
• Required revisions
• Availability of resources
• Third-party platform approvals
• Timely client cooperation

5. Client Responsibilities

Successful project completion requires active cooperation from the client. The client acknowledges that delays in approvals, documentation, or communication may directly impact project timelines and outcomes. The client agrees to:

• Provide accurate project requirements.
• Submit all requested documents on time.
• Maintain valid business licenses where applicable.
• Ensure products comply with applicable laws.
• Provide genuine product information.
• Maintain ownership of marketplace accounts.
• Keep login credentials secure.
• Respond to communications within a reasonable timeframe.
• Review deliverables promptly.
• Provide written approvals wherever required.
• Obtain necessary permissions for third-party content.
• Maintain backups of their own business data.
• Ensure compliance with marketplace policies. The client shall not:
• Provide misleading information.
• Submit copyrighted material without authorization.
• Request unlawful or unethical services.
• Misrepresent ownership of intellectual property.
• Use our services for fraudulent purposes.
• Share confidential Company information with third parties. THE CUSTOM SOLUTION shall not be responsible for delays arising due to incomplete information or delayed approvals from the client.

6. Account Registration & Security

Certain services may require the client to create accounts or provide access to existing accounts on third-party platforms. The client remains solely responsible for maintaining the confidentiality and security of all login credentials. The client agrees that:

• All credentials provided are accurate.
• Login information belongs to the client.
• Unauthorized access shall be reported immediately.
• Passwords should be changed periodically.
• Multi-factor authentication should remain enabled where available. THE CUSTOM SOLUTION shall never be liable for losses resulting from:
• Weak passwords
• Credential sharing
• Unauthorized access by third parties
• Client negligence
• Data breaches originating outside our systems

7. Third-Party Platforms Disclaimer

Many of our services rely upon external platforms operated by independent companies over which THE CUSTOM SOLUTION has no ownership or control. These platforms include:

• Amazon
• Flipkart
• Meesho
• Shopify
• Google
• Meta
• WhatsApp
• Razorpay
• PhonePe
• PayU
• Cloudflare
• Vercel
• Supabase
• GitHub
• Other marketplace or technology providers Accordingly, we shall not be responsible for:
• Account suspension
• Policy changes
• Marketplace restrictions
• Algorithm updates
• Brand approval rejection
• Trademark rejection
• Product suppression
• Listing removal
• Buy Box loss
• Advertising restrictions
• Server downtime
• API changes
• Payment gateway failures
• Hosting outages
• Search ranking fluctuations All decisions made by third-party platforms remain entirely outside our control.

8. Service Scope Limitations

Unless specifically mentioned in the signed proposal or invoice, the following services are not included. These include:

• Unlimited revisions
• Lifetime support
• Free future upgrades
• Premium software licenses
• Paid plugins
• Domain registration
• Hosting renewal
• SSL certificates
• Third-party subscriptions
• Marketplace government fees
• Trademark registration fees
• Legal consulting
• Tax advisory
• Accounting services
• Product certification costs Any additional work requested beyond the agreed scope shall be treated as a separate project and billed accordingly.

9. Service Timelines & Delivery

THE CUSTOM SOLUTION shall make commercially reasonable efforts to complete projects within the estimated timelines. However, all delivery dates are estimates and not guaranteed deadlines unless specifically agreed in writing. Project timelines may automatically extend due to:

• Client delays
• Additional revisions
• Scope changes
• Third-party approvals
• Marketplace reviews
• Government approvals
• Technical issues
• Force majeure events The client agrees that:
• Timelines begin only after receiving all required information.
• Delayed approvals extend project deadlines.
• Scope changes may require revised delivery schedules.
• Emergency work may attract additional charges.

10. Pricing, Payments & Billing

All prices quoted by THE CUSTOM SOLUTION are based on the agreed scope of work and are subject to applicable taxes unless otherwise specified. Payment obligations begin once the client accepts a quotation, proposal, invoice, or makes any advance payment. The client agrees that:

• Payments shall be made on or before the due date.
• Advance payments may be required before work begins.
• GST and applicable taxes shall be charged separately where required.
• Late payments may attract interest or administrative charges.
• Services may be suspended until outstanding dues are cleared.
• Completed work remains chargeable irrespective of project continuation.
• Third-party expenses shall be payable by the client unless otherwise agreed.
• All invoices shall be deemed accepted if no written dispute is raised within seven (7) business days of issuance. Failure to make timely payments may result in suspension, withholding of deliverables, delayed project completion, or termination of services without affecting THE CUSTOM SOLUTION’s right to recover any outstanding dues through appropriate legal remedies.

11. Refund & Cancellation Policy

THE CUSTOM SOLUTION is a professional service-based company. Our services involve the allocation of skilled professionals, software resources, business expertise, consultation, research, planning, project management, and development efforts immediately after a project is approved. Due to the nature of these services, payments made towards our services are generally non-refundable. Once work has commenced, resources have been allocated, or project planning has started, refunds shall not be provided except where expressly agreed in writing by an authorized representative of THE CUSTOM SOLUTION. The following payments are non-refundable:

• Advance payments
• Booking amounts
• Consultation fees
• Discovery session charges
• Monthly management fees
• Website development charges
• Software development charges
• Digital marketing fees
• SEO service fees
• PPC management fees
• Graphic designing charges
• Branding charges
• AI content creation charges
• Domain registration fees
• Hosting charges
• Third-party software licenses
• Premium plugin purchases
• Marketplace registration fees
• Government fees
• Paid advertising budgets Refunds shall not be issued due to:
• Change of business plans
• Change of mind
• Business closure
• Marketplace policy changes
• Account suspension by third parties
• Poor business performance
• Unsatisfactory sales
• Delayed client responses
• Incomplete documentation
• Client’s failure to implement recommendations

12. Cancellation Policy

Clients may request cancellation of recurring services by providing written notice. Cancellation requests shall become effective only after written acknowledgment from THE CUSTOM SOLUTION. Cancellation shall not affect payment obligations for services already performed or committed. THE CUSTOM SOLUTION reserves the right to suspend or terminate any project without prior notice if:

• Payments remain overdue.
• Fraudulent information is discovered.
• Illegal activities are identified.
• Client abuses employees or consultants.
• Client repeatedly delays approvals.
• Client breaches confidentiality obligations.
• Client violates applicable laws.
• Client misuses our intellectual property. Upon termination:
• Outstanding invoices become immediately payable.
• Access to ongoing services may be suspended.
• Source files may be withheld until payments are cleared.
• Work completed remains chargeable.

13. Intellectual Property Rights

Unless expressly agreed otherwise in writing, all intellectual property created, developed, designed, or produced by THE CUSTOM SOLUTION shall remain the exclusive property of the Company until full payment has been received. Intellectual Property includes:

• Website layouts
• Source code
• CRM systems
• Software architecture
• Database design
• Graphics
• Logos
• UI/UX designs
• Product mockups
• Videos
• Motion graphics
• AI-generated creatives
• Marketing campaigns
• Business documents
• Templates
• Documentation
• Reports
• Presentations Clients shall not:
• Copy our work.
• Resell our deliverables without permission.
• Modify proprietary software.
• Remove copyright notices.
• Claim ownership before full payment.
• Reverse engineer custom applications where restricted by agreement. After complete payment, ownership of agreed deliverables may be transferred only if expressly stated in the project agreement.

14. Client Content & Copyright Responsibility

Clients retain ownership of all content, trademarks, logos, product information, and materials provided to THE CUSTOM SOLUTION. The client represents and warrants that all submitted materials:

• Are legally owned or licensed.
• Do not infringe copyright.
• Do not violate trademarks.
• Do not violate patents.
• Do not contain unlawful material.
• Comply with marketplace rules.
• Comply with Indian laws. The client agrees to indemnify THE CUSTOM SOLUTION against claims arising from:
• Copyright infringement
• Trademark disputes
• Counterfeit products
• False advertising
• Misleading claims
• Regulatory violations
• Unauthorized use of third-party content

15. Confidentiality

During the course of our business relationship, both parties may gain access to confidential information. Each party agrees to protect such information with reasonable care and not disclose it except where legally required or expressly authorized. Confidential information includes:

• Login credentials
• API keys
• Business strategies
• Customer databases
• Sales reports
• Financial records
• Marketing plans
• Internal documentation
• Software source code
• Pricing structures
• Employee information
• Supplier information Confidentiality obligations shall survive termination of the business relationship.

16. Non-Disclosure Agreement (NDA)

Unless otherwise agreed in writing, both parties acknowledge that information exchanged during project discussions shall be treated as confidential. Neither party shall:

• Share confidential documents.
• Publish project information.
• Reveal business strategies.
• Disclose passwords.
• Share client databases.
• Leak software architecture.
• Reveal commercial pricing. These obligations continue even after completion or termination of services.

17. Website Development Terms

Website development projects are executed according to the approved scope of work. Any additional functionality requested after project approval shall be considered a change request and may require revised pricing and timelines. Standard website services may include:

• UI/UX Design
• Front-end Development
• Back-end Development
• CMS Integration
• Contact Forms
• Responsive Design
• Performance Optimization
• Basic SEO Setup Unless specifically included, the following are excluded:
• Unlimited revisions
• Lifetime support
• Content writing
• Domain purchase
• Hosting purchase
• Paid themes
• Paid plugins
• Ongoing maintenance
• Third-party API subscription fees The client must review and approve milestones promptly to avoid project delays.

18. Software & CRM Development

Custom software and CRM development projects are based upon documented requirements approved by the client. Additional features requested after project commencement shall be treated as change requests. Software development may include:

• CRM Development
• ERP Solutions
• Inventory Systems
• HRMS
• Dashboard Development
• API Integration
• Automation
• Custom Portals
• Mobile Responsive Interfaces
• Cloud Integration THE CUSTOM SOLUTION does not guarantee that custom software will be free from all bugs, as software development is an iterative process. Reasonable post-delivery support shall be provided according to the agreed maintenance plan.

19. Website Hosting, Domains & Third- Party Software

Where domain registration, hosting, cloud infrastructure, or third-party software is purchased through external providers, the ownership and service terms remain subject to the policies of those providers. THE CUSTOM SOLUTION shall not be responsible for:

• Hosting downtime
• Server failures
• Domain expiry
• SSL certificate expiry
• Third-party plugin failures
• API deprecation
• Cloud outages
• DNS propagation delays
• Email hosting failures
• Software license restrictions Clients remain responsible for timely renewal of externally purchased services unless managed under a separate maintenance agreement.

20. Maintenance, Support & Updates

Unless otherwise specified in a written maintenance agreement, project delivery shall not include ongoing maintenance or unlimited technical support. Support services may include:

• Bug fixes
• Minor updates
• Security patches
• Backup assistance
• Performance improvements
• Compatibility updates
• Technical guidance Support does not include:
• New feature development
• Complete redesigns
• Major functionality changes
• Third-party software issues
• Client-caused errors
• Unauthorized modifications by third parties THE CUSTOM SOLUTION reserves the right to determine whether a reported issue qualifies as maintenance or constitutes additional development work requiring separate commercial terms.

21. Amazon Marketplace Services

THE CUSTOM SOLUTION provides professional consulting and management services for Amazon sellers. Our role is limited to assisting clients in managing their seller accounts in accordance with Amazon’s published policies and best practices. We do not own, operate, or control Amazon or any of its systems. Our Amazon-related services may include:

• Seller Account Setup
• Seller Central Management
• Product Listing Creation
• Product Listing Optimization
• A+ Content Design
• Premium A+ Content Assistance
• Amazon PPC Campaign Management
• Brand Registry Assistance
• Inventory Management
• Order Management
• Case Log Support
• Account Health Monitoring
• Catalog Management
• Product Launch Assistance
• Keyword Research
• Competitor Analysis
• Business Reports
• Sales Analysis
• Reimbursement Assistance
• FBA & Easy Ship Guidance The client understands and agrees that Amazon independently controls:
• Seller Account Approval
• Brand Registry Approval
• Product Listing Approval
• Category Approval
• Buy Box Eligibility
• Search Rankings
• Advertising Approval
• Account Suspension
• Listing Suppression
• ASIN Removal
• Account Health Ratings
• Policy Enforcement
• Payment Releases
• Reserve Balance
• FBA Operations THE CUSTOM SOLUTION shall not be liable for any action, decision, or restriction imposed by Amazon.

22. Flipkart Marketplace Services

THE CUSTOM SOLUTION also provides consulting and operational support for Flipkart sellers. These services are advisory and management-based and do not grant us authority over Flipkart’s internal systems or decisions. Our services may include:

• Seller Account Registration
• Catalog Creation
• Listing Optimization
• Inventory Updates
• Pricing Management
• Flipkart Ads Management
• Order Processing Assistance
• Business Reports
• Account Monitoring
• Campaign Optimization THE CUSTOM SOLUTION shall not be responsible for:
• Account suspension
• Product delisting
• Penalty charges
• Policy violations
• Payment delays
• Search visibility changes
• Listing suppression
• Platform algorithm changes All platform decisions remain solely under Flipkart’s control.

23. Digital Marketing Services

Digital marketing is influenced by continuously changing technologies, customer behavior, competition, budgets, and advertising platforms. While THE CUSTOM SOLUTION uses commercially reasonable efforts and industry best practices, no marketing strategy can guarantee specific commercial outcomes. Our digital marketing services may include:

• Search Engine Optimization (SEO)
• Google Ads
• Meta Ads
• Amazon PPC
• Flipkart Ads
• Social Media Marketing
• Content Marketing
• Email Marketing
• WhatsApp Marketing
• Lead Generation
• Remarketing Campaigns
• Conversion Optimization THE CUSTOM SOLUTION does not guarantee:
• Specific sales volume
• Number of leads
• Search engine rankings
• Return on Ad Spend (ROAS)
• Return on Investment (ROI)
• Website traffic
• Viral campaigns
• Conversion rates
• Customer acquisition costs
• Revenue growth Advertising performance depends on many factors beyond our control, including market conditions, audience behavior, competition, and platform algorithms.

24. Search Engine Optimization (SEO)

SEO is an ongoing optimization process and not a one-time activity. Search engines regularly modify their algorithms, indexing methods, and ranking criteria, making long-term rankings impossible to guarantee. SEO services may include:

• Technical SEO
• On-Page SEO
• Off-Page SEO
• Keyword Research
• Competitor Analysis
• Content Optimization
• Meta Tag Optimization
• Internal Linking
• Sitemap Creation
• Performance Optimization THE CUSTOM SOLUTION does not guarantee:
• First-page rankings
• Top search positions
• Immediate indexing
• Organic traffic growth
• Business enquiries
• Sales generated from SEO Search engine rankings remain under the sole control of search engine providers.

25. Advertising & PPC Management

Advertising campaigns are managed according to approved budgets and client objectives. Campaign success depends upon numerous variables including bidding competition, product quality, historical account performance, seasonality, and audience behavior. Advertising services may include:

• Campaign Creation
• Bid Optimization
• Keyword Research
• Audience Targeting
• Budget Management
• Campaign Monitoring
• Reporting
• Performance Analysis The client agrees that:
• Advertising budgets remain the client’s responsibility.
• Ad platform fees are separate from management fees.
• Campaigns may be paused if budgets are exhausted.
• THE CUSTOM SOLUTION is not responsible for ad platform policy changes.
• Platform rejections remain outside our control.

26. Graphic Design & Creative Services

Creative work is subjective in nature. THE CUSTOM SOLUTION develops designs based on client requirements, industry standards, and professional expertise. Final creative approval remains the responsibility of the client. Creative services may include:

• Logo Design
• Brand Identity
• Social Media Creatives
• Product Packaging
• Amazon Infographics
• Product Photography
• Video Editing
• Motion Graphics
• AI Images
• AI Videos
• Presentation Design The client agrees that:
• Limited revisions shall apply as per the agreed package.
• Additional revisions may attract extra charges.
• Creative preferences vary from person to person.
• Final approval indicates acceptance of the design.

27. AI-Generated Content & Creative Services

THE CUSTOM SOLUTION may use Artificial Intelligence (AI) tools to enhance productivity and accelerate content creation. AI-generated outputs are reviewed by our team; however, clients remain responsible for reviewing and approving all final deliverables before publication or commercial use. AI-assisted services may include:

• AI Image Generation
• AI Video Creation
• AI Copywriting
• AI Product Descriptions
• AI Graphic Concepts
• AI Marketing Content
• AI Mockups The client acknowledges that:
• AI-generated outputs may contain inaccuracies.
• AI-generated content should be reviewed before publication.
• AI tools may produce similar outputs for different users.
• Human review remains essential before commercial use.

28. Client Communication & Approvals

Efficient communication is essential for timely project completion. Clients agree to provide feedback, approvals, and required information within reasonable timelines. Official communication channels may include:

• Email
• WhatsApp
• Phone Calls
• Google Meet
• Zoom
• Microsoft Teams
• Project Management Tools Unless otherwise agreed:
• Delayed approvals extend project timelines.
• Verbal approvals may require written confirmation.
• Approved deliverables shall be considered accepted.
• Additional revisions after approval may incur charges.

29. Revisions & Change Requests

Each project includes only the revisions specifically mentioned in the approved quotation, proposal, or agreement. Requests that alter the original project scope shall be treated as change requests. Examples of change requests include:

• Additional pages
• New features
• New integrations
• UI redesign
• Workflow modifications
• Additional reports
• New dashboards
• New APIs
• Additional languages
• Additional marketplace integrations Change requests may result in:
• Revised pricing
• Extended timelines
• Updated project schedules
• Additional invoices No additional work shall commence until both parties approve the revised scope.

30. Delivery, Acceptance & Project Completion

Upon completion of agreed deliverables, THE CUSTOM SOLUTION shall provide the client with access to the completed work for review and acceptance. The client is expected to examine the deliverables promptly and notify us of any material issues within the agreed review period. Unless otherwise specified:

• Deliverables shall be deemed accepted if no written objections are received within seven (7) business days.
• Minor cosmetic issues shall not delay project acceptance.
• Accepted deliverables may not be eligible for free redesign or redevelopment.
• Outstanding payments must be cleared before final ownership transfer where applicable.
• THE CUSTOM SOLUTION reserves the right to archive completed project files after a reasonable retention period. Project completion shall not automatically include future enhancements, ongoing maintenance, additional features, or free technical support unless covered under a separate written maintenance or support agreement.

31. No Guarantee of Business Results

THE CUSTOM SOLUTION provides professional consulting, management, development, and marketing services based on industry knowledge, commercially reasonable efforts, and best practices. However, business success depends upon numerous external factors beyond our control, including market demand, competition, pricing, customer behavior, advertising budgets, platform policies, economic conditions, and operational decisions made by the client. Accordingly, THE CUSTOM SOLUTION does not guarantee:

• Sales growth
• Revenue increase
• Profitability
• Return on Investment (ROI)
• Return on Ad Spend (ROAS)
• Organic rankings
• Buy Box ownership
• Product virality
• Lead generation targets
• Customer acquisition
• Brand approval
• Trademark approval
• Marketplace approval
• Account reinstatement
• Business expansion
• Website traffic
• Conversion rates
• Social media followers
• Search engine rankings All business outcomes remain subject to market conditions and client decisions.

32. Data Security & Backup

THE CUSTOM SOLUTION follows commercially reasonable practices to protect client information. However, no electronic system, internet connection, cloud provider, or software platform can guarantee complete security. Clients are strongly advised to maintain independent backups of all important business information. Clients remain responsible for maintaining backups of:

• Product catalogues
• Customer databases
• Website files
• Images
• Videos
• Marketing assets
• Emails
• Source documents
• Financial records
• Business reports THE CUSTOM SOLUTION shall not be liable for losses arising from:
• Server failures
• Hardware failures
• Cloud outages
• Cyber attacks
• Malware
• Ransomware
• Data corruption
• Unauthorized access
• Client negligence

33. Privacy & Personal Information

THE CUSTOM SOLUTION respects the privacy of every client and processes personal information in accordance with applicable laws and our Privacy Policy. Information collected may include:

• Name
• Business name
• Email address
• Phone number
• GST information
• Billing address
• Login credentials (where required)
• Project information
• Communication records We may use such information for:
• Service delivery
• Customer support
• Billing
• Project communication
• Legal compliance
• Security verification
• Business improvement We do not sell client personal information to third parties.

34. Cookies & Website Analytics

Our website may use cookies and analytics technologies to improve website functionality, user experience, performance measurement, and security. Cookies may be used for:

• Login sessions
• Security
• Analytics
• Website preferences
• Performance monitoring
• Error tracking Users may disable cookies through browser settings; however, certain website features may become unavailable or function improperly.

35. Limitation of Liability

To the maximum extent permitted under applicable law, THE CUSTOM SOLUTION, its directors, employees, consultants, affiliates, contractors, and partners shall not be liable for any indirect, incidental, consequential, punitive, exemplary, or special damages arising out of or relating to the use of our website or services. This limitation applies to, without limitation:

• Loss of profits
• Loss of revenue
• Business interruption
• Loss of goodwill
• Data loss
• Marketplace penalties
• Account suspension
• Brand rejection
• Advertising losses
• Missed business opportunities
• Third-party claims
• Delay damages Under no circumstances shall our total aggregate liability exceed the total amount actually paid by the client for the specific service that directly gave rise to the claim.

36. Indemnification

The client agrees to defend, indemnify, and hold harmless THE CUSTOM SOLUTION and its directors, employees, consultants, representatives, affiliates, and business partners from and against any claims, liabilities, losses, damages, penalties, fines, costs, or legal expenses arising from:

• Violation of these Terms
• Misuse of our services
• False information
• Copyright infringement
• Trademark infringement
• Sale of prohibited products
• Regulatory violations
• Misrepresentation
• Unlawful business practices
• Client negligence This indemnity obligation shall survive termination of the business relationship.

37. Force Majeure

THE CUSTOM SOLUTION shall not be responsible for any delay, interruption, or failure to perform its obligations where such delay or failure results from events beyond our reasonable control. Force Majeure events include but are not limited to:

• Natural disasters
• Floods
• Earthquakes
• Fire
• War
• Terrorism
• Civil unrest
• Government restrictions
• Court orders
• Pandemic
• Epidemic
• Internet outages
• Power failures
• Cyber attacks
• Cloud infrastructure failures
• Third-party platform outages
• Labour disputes Project timelines shall automatically extend for the duration of such events.

38. Suspension of Services

THE CUSTOM SOLUTION reserves the right to suspend, restrict, or discontinue any service immediately where reasonably necessary to protect our business, employees, systems, or legal interests. Services may be suspended in circumstances including:

• Outstanding payments
• Fraud
• Identity verification failure
• Abuse of employees
• Harassment
• Threats
• Illegal requests
• Copyright violations
• Trademark disputes
• Misuse of deliverables
• Security risks
• Government investigations Suspension shall not relieve the client of payment obligations already incurred.

39. Termination of Agreement

Either party may terminate the business relationship in accordance with the applicable agreement. However, termination shall not affect rights and obligations accrued prior to termination. Upon termination:

• Outstanding invoices become immediately payable.
• Work completed remains chargeable.
• Access to unfinished work may be suspended.
• Licenses granted may automatically terminate.
• Confidentiality obligations continue.
• Intellectual property rights remain enforceable.
• Pending legal claims survive termination. THE CUSTOM SOLUTION reserves the right to permanently refuse future services to clients involved in fraud, abuse, or repeated contractual violations.

40. Non-Solicitation of Employees & Business Protection

THE CUSTOM SOLUTION invests substantial resources in recruiting, training, and retaining skilled professionals. To protect these investments, clients agree not to directly or indirectly solicit or hire our employees, consultants, freelancers, contractors, or business associates during the engagement and for a period of twelve (12) months following its termination without our prior written consent. Clients shall not:

• Recruit our employees.
• Offer employment to our staff.
• Encourage resignation.
• Circumvent the Company by engaging staff privately.
• Attempt to obtain confidential pricing.
• Interfere with our supplier or contractor relationships.
• Misrepresent affiliation with THE CUSTOM SOLUTION. Any breach of this provision may result in immediate termination of services and the Company reserving the right to pursue all remedies available under applicable law, including claims for damages where legally permissible.

41. Electronic Communications & Digital Acceptance

THE CUSTOM SOLUTION conducts business through various digital communication channels. By engaging with us electronically, you agree that electronic communications shall have the same legal validity and enforceability as communications made in physical or written form, to the extent permitted by applicable law. Official communication may take place through:

• Email
• WhatsApp
• SMS
• Phone Calls
• Google Meet
• Zoom
• Microsoft Teams
• Customer Support Portal
• Website Contact Forms
• Project Management Software The client agrees that:
• Emails sent to the registered email address shall be deemed delivered.
• WhatsApp messages may be used for project communication.
• Digital approvals shall be considered legally valid.
• Electronic invoices are acceptable for payment purposes.
• Digital signatures and electronic confirmations shall have the same effect as handwritten signatures where recognized by law.

42. Notices

Any legal notice or official communication required under these Terms shall be sent through recognized communication channels. Notices may be delivered through:

• Registered Email
• Courier Service
• Registered Post
• Official Business Address
• Authorized Legal Representative Clients are responsible for keeping their contact details updated. THE CUSTOM SOLUTION shall not be liable for missed communications caused by outdated or incorrect contact information.

43. Compliance with Applicable Laws

Clients are solely responsible for ensuring that their business operations, products, services, advertisements, and marketplace activities comply with all applicable laws, regulations, and governmental requirements. Clients represent and warrant that they shall comply with:

• Indian laws
• Consumer protection laws
• GST regulations
• Intellectual Property laws
• Information Technology laws
• Data protection requirements
• Advertising regulations
• Marketplace policies
• Tax regulations
• Import and export regulations, where applicable THE CUSTOM SOLUTION shall not be responsible for any penalties, legal proceedings, or regulatory actions arising from the client’s failure to comply with applicable laws.

44. Prohibited Activities

Clients and users shall not use our website or services for any unlawful, fraudulent, harmful, or unethical purpose. Prohibited activities include, but are not limited to:

• Fraudulent transactions
• Counterfeit product sales
• Copyright infringement
• Trademark infringement
• Distribution of malware
• Phishing activities
• Money laundering
• Spam campaigns
• Unauthorized scraping
• Hacking attempts
• Reverse engineering proprietary software
• Uploading malicious code
• Distribution of illegal content
• Circumvention of marketplace policies
• Impersonation of another person or business THE CUSTOM SOLUTION reserves the right to immediately terminate services upon discovering any prohibited activity.

45. Assignment & Transfer

The client may not assign, transfer, sublicense, or otherwise delegate any rights or obligations under these Terms without obtaining prior written consent from THE CUSTOM SOLUTION. THE CUSTOM SOLUTION reserves the right to assign or transfer its rights or obligations to any affiliate, successor, or legal entity in connection with a merger, acquisition, restructuring, or sale of business assets.

46. Severability

If any provision of these Terms is found by a court or competent authority to be invalid, illegal, or unenforceable, such provision shall be modified or interpreted to the minimum extent necessary to make it enforceable. The remaining provisions shall continue to remain:

• Valid
• Enforceable
• Binding
• Effective The invalidity of one provision shall not affect the validity of any other provision.

47. Waiver

Failure or delay by THE CUSTOM SOLUTION in exercising any right, remedy, or provision under these Terms shall not constitute a waiver of such right. No waiver shall be effective unless:

• It is made in writing.
• It is signed by an authorized representative of THE CUSTOM SOLUTION.
• It specifically identifies the provision being waived. A waiver of one breach shall not constitute a waiver of any future or continuing breach.

48. Entire Agreement

These Terms & Conditions, together with our Privacy Policy, Refund & Cancellation Policy, service proposals, quotations, invoices, Statements of Work (SOW), and any other written agreements between the parties, constitute the complete and exclusive agreement between THE CUSTOM SOLUTION and the client. These documents supersede all prior:

• Discussions
• Negotiations
• Emails
• Verbal commitments
• Representations
• Marketing materials
• Promotional statements No employee, consultant, or representative is authorized to modify these Terms unless such modification is made in writing and approved by an authorized representative of THE CUSTOM SOLUTION.

49. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of India. Before initiating formal legal proceedings, both parties agree to make reasonable efforts to resolve disputes through good-faith negotiations. If a dispute cannot be resolved amicably, it shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be conducted under the following conditions:

• Seat of Arbitration: Bhopal, Madhya Pradesh, India
• Venue: Bhopal, Madhya Pradesh, India
• Language: English
• Governing Law: Laws of India
• Number of Arbitrators: One (1), unless otherwise mutually agreed
• Decision of the Arbitrator: Final and binding upon both parties Subject to the arbitration provisions above, the courts located in Bhopal, Madhya Pradesh shall have exclusive jurisdiction over matters that may lawfully be brought before a court.

50. Contact Information & Acceptance

If you have any questions regarding these Terms & Conditions or wish to contact us regarding any legal, commercial, or operational matter, you may reach us using the following details: THE CUSTOM SOLUTION Email: info@thecustomsolution.in Phone: +91 83193 74006 Website: https://www.thecustomsolution.in By accessing our website, requesting our services, accepting a quotation, signing a proposal, making any payment, or continuing to use our services, you acknowledge and agree that:

• You have carefully read these Terms & Conditions.
• You understand your legal rights and obligations.
• You agree to comply with all applicable laws and Company policies.
• You accept these Terms without reservation.
• You understand that continued use of our services constitutes ongoing acceptance of these Terms.
• You agree that these Terms form a legally binding agreement between you and THE CUSTOM SOLUTION. Last Updated: 28 June 2026 Version: 1.0 © THE CUSTOM SOLUTION. All Rights Reserved. No part of these Terms & Conditions may be reproduced, copied, modified, distributed, published, or transmitted in any form without the prior written permission of THE CUSTOM SOLUTION, except as permitted by applicable law.