Terms of service
Effective 25 November 2024
1. About these terms
These terms ("Terms") govern your use of https://orbator.in (the "Website") and the engagement of Orbator Ventures Private Limited ("Orbator", "we", "us") for any productised service, custom project, retainer or subscription product we offer. By using the Website, submitting an inquiry, paying an invoice or commencing an engagement, you accept these Terms.
For paid engagements, these Terms are read together with the engagement-specific Statement of Work (SOW) or Master Services Agreement (MSA) you have signed. Where the SOW or MSA differs from these Terms, the SOW or MSA prevails for that engagement.
2. Eligibility
You confirm that you are at least eighteen (18) years of age and have the legal authority to bind the entity for which you are entering into an engagement.
3. Use of the Website
You may use the Website for lawful purposes only. You may not attempt to gain unauthorised access to any part of it, interfere with its operation, scrape it in volumes that degrade availability for other users, or use it to transmit malicious code or unsolicited content.
4. What we offer
We provide software engineering and applied research services. Our current offerings, with indicative starting prices, are published at /pricing. These include:
- Productised services — fixed-scope, fixed-price engagements (e.g. Discovery sprint, CRM platform, mobile app, web platform, applied R&D engagement).
- Engineering retainers — monthly subscription engagements with reserved engineering capacity, auto-renewing every thirty (30) days.
- Custom projects — engagements outside the productised lanes, quoted after a paid discovery and formalised in a signed SOW with milestone billing.
All services are delivered digitally. Delivery terms are set out in our service delivery policy.
5. Quotes, orders and engagement formation
Prices listed at /pricing are indicative starting prices and are exclusive of applicable taxes (GST for India; the equivalent of GST is not added for clients outside India, but local taxes and withholding may apply per your jurisdiction). The binding price for your engagement is the one set out in the engagement quote, SOW or invoice that you accept in writing or by payment.
An engagement is formed when you (a) accept our written quote, SOW or MSA, or (b) make the first payment against our invoice, whichever is earlier.
6. Payments
6.1 Indian clients
Invoiced in Indian Rupees (INR) with GST applied as per the GST Act, 2017 (Orbator GSTIN: 32AAECO5528N1Z7). Payment by Razorpay (card, UPI, net banking, NEFT/RTGS) or by direct bank transfer to the account specified on the invoice.
6.2 International clients
Invoiced in United States Dollars (USD) by default; other currencies on request. Payment by international card (via Stripe), SWIFT wire, or other instrument specified on the invoice. Bank charges levied by intermediary or correspondent banks for the inward remittance are borne by the client.
6.3 Subscription (retainer) billing and card-on-file
Engineering retainers are billed monthly in advance, on the anniversary day of the engagement start, until cancelled. By subscribing, you authorise us — via our payment partner Razorpay (India) or Stripe (international) — to retain a tokenised payment instrument on file and to charge it for each successive billing cycle. Tokenisation is performed by the payment partner; we never receive or store your raw card details.
For RBI-compliant subsequent transactions on retained cards, non-3DS (no-OTP) charges may be initiated within applicable transaction limits where you have given prior consent to recurring billing. You receive a pre-debit notification email at least twenty-four (24) hours before each recurring charge. You may revoke recurring authorisation at any time by emailing hello@orbator.in — current cycle continues to the end-date, no further cycles are charged.
6.4 Late payment
Invoices are due net thirty (30) days from issue unless agreed otherwise. Sums unpaid past the due date may attract simple interest at one and a half percent (1.5%) per calendar month. We may suspend delivery on overdue accounts after a written notice and a seven (7) day cure period.
6.5 Refunds and cancellation
Refund and cancellation terms are set out in our refund and cancellation policy and form part of these Terms.
7. Intellectual property
7.1 In deliverables
Subject to your payment in full of the agreed fees, you receive a perpetual, worldwide, royalty-free licence to use the source code, designs, documentation and other deliverables we produce specifically for your engagement, for the purposes set out in the SOW.
7.2 In our pre-existing work
We retain ownership of pre-existing tooling, libraries, internal frameworks, and general know-how that pre-date or are independently developed outside your engagement. Where such pre-existing work is incorporated into deliverables we give you a perpetual non-exclusive licence to use it as part of those deliverables, but not to extract and resell it separately.
7.3 Open-source
We may incorporate third-party open-source components. Such components remain governed by their respective licences. We do not accept liability for the open-source components themselves beyond choosing licences compatible with your intended use.
8. Confidentiality
We treat non-public information you share during an engagement as confidential. We sign a mutual non-disclosure agreement (NDA) on request before any project specifics are shared. Either party may disclose information that (a) is or becomes publicly known without breach, (b) was lawfully known before disclosure, or (c) is required to be disclosed by law or competent authority.
9. Submissions and inquiries
Information you submit through the inquiry form is used to respond to you and to evaluate a possible engagement. We treat all submissions as commercially confidential. Receipt of an inquiry does not by itself create an NDA — request one explicitly if your inquiry contains sensitive material.
10. Acceptable use during engagements
You agree not to instruct us to (a) build or deploy code that violates Indian law or the law of your jurisdiction, (b) infringe third-party intellectual property rights, (c) circumvent security or access controls of systems you do not own, or (d) process personal data in violation of applicable privacy law. We may decline or terminate engagements that require any of the above without further liability.
11. Warranties and disclaimers
We warrant that we perform our services in a professional and workmanlike manner, with reasonable skill and care customary in the industry. We do not warrant that deliverables will be uninterrupted, error-free, or fit for a purpose beyond the one set out in the SOW. All other warranties, express or implied, are disclaimed to the maximum extent permitted by Indian law.
12. Limitation of liability
To the maximum extent permitted under Indian law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill, data or opportunity, arising out of or related to the engagement.
Our aggregate liability for any claim arising out of or related to the engagement is limited to the fees actually paid by you to us under the SOW giving rise to the claim during the twelve (12) months preceding the event that gave rise to the claim.
13. Indemnity
Each party indemnifies the other against third-party claims arising out of the indemnifying party's gross negligence, wilful misconduct, or violation of applicable law. The indemnified party must give prompt written notice of any claim, allow the indemnifying party to control the defence, and reasonably co-operate.
14. Term and termination
Productised services and custom projects terminate on completion of the agreed scope. Retainers continue month-to-month until cancelled by either party in accordance with the notice period for the tier. Either party may terminate for material breach if the breach is not cured within fourteen (14) days of written notice.
15. Governing law and jurisdiction
These Terms are governed by the laws of India. Any dispute arising out of or in connection with these Terms or any engagement is subject to the exclusive jurisdiction of the courts at Malappuram, Kerala, India, notwithstanding the client's location. The parties will first attempt resolution in good faith by mediation for a period of thirty (30) days before commencing court proceedings.
16. Notices
Notices to Orbator must be sent in writing to hello@orbator.in with a copy to Orbator at the registered office. Notices to the client are sent to the billing email on record. Notices are deemed received on the next business day after sending.
17. Entire agreement
These Terms, together with the SOW, MSA, and policies referred to within them (privacy, refund and cancellation, service delivery, cookies), constitute the entire agreement between the parties and supersede all prior understandings.
18. Changes
We may update these Terms. The version currently published at this URL applies to your use of the Website. For active paid engagements, material changes are notified to your billing email at least thirty (30) days before they take effect.
This document is a placeholder drafted alongside the website launch and may be revised. The authoritative version is the one currently published on this URL.
