Terms of service

Acceptance

These terms govern use of the aquariusinfotech.com website and, to the extent stated, the commercial relationship between Aquarius Infotech and a client. By using this website you accept the website terms below.

Where an engagement document, statement of work, quotation or written agreement has been signed or accepted, that document governs the engagement. These terms apply where that document is silent, and they do not override it.

Website use

You may view, browse and print pages of this website for legitimate business purposes. You may not attempt to gain unauthorised access to the site or its infrastructure, interfere with its operation, or use automated means to place unreasonable load on it.

Content on this website is provided for information. It does not constitute a binding offer, a quotation, professional advice or a warranty of any kind.

Eligibility

Our services are offered to businesses and to individuals acting in a business capacity. By engaging us you confirm that you have the authority to enter into the engagement on behalf of the organisation you represent.

Business enquiries

Submitting an enquiry, whether by form or by email, does not create an engagement and does not oblige either party to proceed. It is an invitation to discuss possible work.

The enquiry form on the contact page transmits your submission to our server, which forwards it to contact@aquariusinfotech.com so we can reply. How that information is handled is set out in our privacy policy. You may email that address directly instead.

Quotations and proposals

Quotations and proposals are based on the information available at the time of preparation and on the assumptions stated within them. They remain open for the period stated, or for thirty days where no period is stated.

Where information supplied to us is incomplete or turns out to be materially different from what was described, a quotation may need to be revised before work begins.

Statements of work

An engagement is defined by a written statement of work or engagement document identifying the services, deliverables, assumptions, timelines, access required, and the fee structure.

Where this document and a statement of work conflict, the statement of work prevails for that engagement.

Project scope

Scope is what is written in the statement of work. Work that is not described there is outside scope, including work that a reasonable reading might consider adjacent.

This is stated plainly not to be restrictive but because unstated scope is the most common cause of disputes about time and cost.

Change requests

Either party may request a change to scope. A change is agreed in writing and records what is being changed, the effect on timelines, and the effect on fees.

Work on a change begins once it is agreed. Where a change materially alters the basis of an engagement, the statement of work is revised rather than amended informally.

Development services

Software development is delivered against the specification in the statement of work. Acceptance criteria, review points and any milestone structure are set there.

Software is complex and no development process eliminates defects. We correct defects in delivered work in accordance with the engagement document. We do not warrant that software will be error-free or uninterrupted.

Advertising services

Where we manage advertising, we act as an independent agency under authorisation from the advertiser. The business being advertised remains the advertiser.

We do not guarantee advertising performance. Results depend on market conditions, competition, budget, creative, the underlying product and platform decisions outside our control. Reporting describes measured performance for the period covered; past performance is not a forecast.

The relationship model, including the distinction between advertiser, agency and payer, is set out on the agency–client relationship page and forms part of how we operate.

Account access

Where an engagement requires access to a client's accounts, systems or repositories, the client grants that access through the relevant platform's own mechanism, at the permission level the scope requires.

Access is held to perform the agreed services. It does not represent ownership of the client's business, products, websites, applications, trademarks or advertiser identity. Access is governed by the permissions and management structure applicable to the engagement, and is returned or removed at the client's direction when the engagement ends.

Client responsibilities

The client is responsible for:

• providing accurate and current business information;
• holding rights to the products, services, content and destinations involved;
• maintaining legal ownership or authorised control of the websites, applications and accounts concerned;
• granting and maintaining the access the engagement requires;
• supplying documentation a platform legitimately requests;
• reviewing and approving deliverables within agreed timeframes;
• complying with applicable law.

Delay in these areas may affect timelines and cost, and is not a failure of delivery on our part.

Third-party platforms

Our services frequently depend on platforms operated by others: advertising platforms, app stores, cloud and hosting providers, analytics services, API vendors and domain registrars.

Those platforms set their own terms, pricing, features, availability and policies, and may change them at any time. We work within those terms; we do not control them and cannot vary them.

Dependency on Google Ads, Google Play and cloud providers

Specific dependencies are worth naming. Advertising delivery, ad approvals, account status and billing eligibility on Google Ads are determined by Google. Application review, publication and availability on Google Play are determined by Google. Availability and behaviour of cloud, hosting and API services are determined by their providers.

Aquarius Infotech does not control or guarantee decisions made by Google, Google Play, advertising networks, cloud platforms or any other third party. Google, Google Ads, Google Play, Android, Firebase and AdMob are trademarks of Google LLC; we are an independent service provider and not Google LLC.

Platform enforcement decisions

Platforms may disapprove content, restrict features, suspend accounts or remove applications under their own policies. Those decisions belong to the platform.

Where a client is affected, we can help assemble an accurate account of how the account or application is operated and submit an appeal through the channels the platform provides. We cannot override, reverse or guarantee the outcome, and we do not offer guaranteed reinstatement.

Intellectual property

Ownership of deliverables is set in the engagement document. Our normal position is that on full payment the client owns the deliverables produced specifically for it.

We retain ownership of our pre-existing materials, tools, libraries, templates and general know-how, including anything developed before or outside the engagement. Where such material is embedded in a deliverable, the client receives a licence to use it as part of that deliverable.

Website content, structure and design at aquariusinfotech.com remain our property, except for third-party marks referenced on it.

Client-provided materials

The client retains ownership of materials it supplies — content, creative, brand assets, data and documentation — and grants us a licence to use them as needed to perform the engagement.

The client confirms it holds the rights necessary to supply those materials and to have them used for the agreed purpose.

Confidentiality

Each party will keep the other's confidential information confidential, use it only for the engagement, and disclose it only to those who need it for that purpose.

This does not apply to information that is public through no breach, was already known without obligation, is independently developed, or must be disclosed by law.

We do not publish client names, screenshots, account identifiers or performance data without written permission.

Fees

Fees are as set out in the engagement document. Our service fees are always identified separately from platform media cost and from third-party charges.

The categories of charge, and how each is invoiced, are described in the billing policy.

Taxes

Applicable taxes are charged in accordance with the law applying to the transaction and shown as separate line items. Taxes levied by a third-party platform on its own services are governed by that platform's terms.

Each party is responsible for its own tax position, including any withholding, registration or reporting obligation that applies to it.

Third-party charges

Charges from advertising platforms, cloud and hosting providers, API vendors, analytics vendors, domain registrars and app platforms are third-party costs. They are identified as such and are never presented as fees for our services.

Wherever practical our preference is that the client contracts and pays these vendors directly, so the account and its data stay with the client.

Payment terms

Invoice frequency, currency and payment terms are set in the engagement document. Invoices are payable by the due date stated.

Where an amount is genuinely disputed, the process in the billing policy applies; undisputed amounts remain payable on their original terms.

Suspension of services

We may suspend services where an invoice is materially overdue, where required access has been withdrawn so that the work cannot be performed, or where continuing would require us to act contrary to law or platform policy.

Where practical we give notice before suspending, and we do not use suspension of a live advertising account as leverage in a commercial dispute.

Termination

Either party may terminate in accordance with the notice provisions in the engagement document, or immediately for material breach that is not remedied within a reasonable period after written notice.

On termination, fees for work performed and costs already incurred remain payable, access held by us is returned or removed at the client's direction, and documentation produced during the engagement is handed over. The client's accounts, campaigns, applications and data remain the client's.

Warranties and disclaimers

We warrant that services will be performed with reasonable skill and care by people competent to perform them.

Beyond that, and to the extent permitted by applicable law, services and website content are provided without further warranty of any kind, express or implied. We do not warrant uninterrupted or error-free operation, particular commercial results, or any outcome determined by a third-party platform.

Limitation of liability

To the extent permitted by applicable law, neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill, data or anticipated savings.

Our total aggregate liability arising out of or in connection with an engagement is limited to the fees paid to us for that engagement in the period specified in the engagement document.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited.

Indemnification

The client will indemnify Aquarius Infotech against claims, losses and reasonable costs arising from materials or instructions it supplies, from its lack of rights in advertised products, services or destinations, or from its breach of applicable law or platform policy.

Force majeure

Neither party is liable for failure or delay caused by events beyond its reasonable control, including infrastructure or network failure, third-party platform outage or policy change, government action, natural events or civil disruption.

The affected party will notify the other and resume performance as soon as reasonably practicable.

Governing law

These terms and any engagement are governed by the laws of India, and the courts at Surat, Gujarat, India are intended to have jurisdiction, subject to any different provision in a signed engagement document.

This clause in particular should be reviewed by qualified legal counsel against your circumstances before publication.

Dispute handling

The parties will first attempt to resolve any dispute by discussion between the individuals responsible for the engagement, in good faith and within a reasonable period.

Where a dispute concerns a charge, the process in the billing policy applies. Nothing here prevents either party from seeking urgent relief where necessary.

Changes to these terms

We may update these terms. The version and effective date at the top of this document indicate the current revision.

Changes apply to website use from publication. They do not vary a signed engagement document, which is changed only by agreement between the parties.

Contact

Questions about these terms should be sent to contact@aquariusinfotech.com.

Aquarius Infotech
3rd Floor, Office No. 309, Cyber City
VIP Circle, Mota Varachha, Utran
Surat, Gujarat 394105
India
+91 87800 2787 · contact@aquariusinfotech.com

Accountable person: Gopal Savaliya, Founder & Managing Director.