Terms and Conditions

Last Updated on July, 15, 2025

1. Introduction

Welcome to Swift Struck. These terms and conditions outline the rules and regulations for the use of Swift Struck’s website and services, located in Mumbai, Maharashtra, India. By accessing this website and availing our services, you agree to comply with these terms and conditions in full. If you disagree with any part of these terms and conditions, please do not use our services.

2. Definitions

2.1 Company

Swift Struck Private Limited, registered office located at 3703, Tower 5, Crescent Bay, Mumbai, 400012, Maharashtra, India.

2.2 Client

The individual or entity that has entered into a contract with Swift Struck to receive software development, maintenance, or support services.

2.3 Developer

Swift Struck and its representatives, including employees, agents, and subcontractors.

2.4 Services

The custom software development, maintenance, and support services provided by Swift Struck to the Client as per the individual contracts agreed upon.

2.5 Software

Any software, web application, or digital solution developed by Swift Struck for the Client under the terms of an individual contract.

2.6 Pre-Built Apps

Applications developed by Swift Struck that are pre-built and available for purchase and use by clients. These apps are provided as-is and include any associated documentation and support services.

3. Scope of Work

3.1 Description of Services

Swift Struck offers custom software development, maintenance, and support services. This includes but is not limited to the creation of web applications, mobile applications, APIs, and integration solutions. Each project will have a separate agreement detailing the specific services to be provided, including timelines, deliverables, and milestones.

Scenario: For instance, if a client needs a mobile app for their e-commerce store, Swift Struck will provide end-to-end development services, including design, coding, testing, and deployment. The specifics of what features the app will have (such as payment gateway integration, product listings, user accounts) will be detailed in the project agreement.

3.2 Project Specifications

Detailed project specifications will be documented in a separate Statement of Work (SOW) or project agreement.

This document will outline:

  1. Project Goals and Objectives: A clear description of the project’s purpose and what it aims to achieve.

  2. Deliverables: Specific outcomes and products that Swift Struck will deliver to the Client.

  3. Milestones: Key stages in the project with associated deliverables and timelines.

  4. Timelines: Expected start and end dates, including interim deadlines for milestones.

  5. Acceptance Criteria: Standards and metrics that the deliverables must meet to be accepted by the Client.

Scenario: In a project to develop a CRM system, the SOW might specify that Phase 1 includes developing the user login and authentication module, Phase 2 includes customer data management, and Phase 3 involves reporting features. Each phase would have specific timelines and acceptance criteria, such as “The authentication module must allow users to log in using their email and password, and provide error messages for invalid inputs.”

3.3 Client Responsibilitiestion of Services

To ensure successful project completion, the Client agrees to:

  1. Provide timely feedback and approvals: Delays in feedback may result in project delays.

  2. Supply necessary information and resources: This includes access to systems, data, and any other resources required for development.

  3. Maintain open communication: Regular communication is essential to address any issues promptly.

Scenario: If a client delays in providing feedback on a critical milestone, this could push back the entire project timeline. For example, if Swift Struck completes the first phase of development and requires client approval to proceed, any delay in this approval could delay subsequent phases. Therefore, timely feedback and approvals are crucial to staying on schedule.

4. Payment Terms

4.1 Billing Cycle

For subscription-based services, billing will occur monthly or every 28 days. Invoices will be generated at the beginning of each billing cycle and must be paid within the specified due date.

Scenario: A client subscribes to Swift Struck’s monthly software maintenance service. They will receive an invoice on the 1st of every month, which is due by the 10th. This cycle repeats every month.

4.2 Grace Period

A 2-day grace period is provided for subscription payments. If payment is not received within this period, the subscription will automatically end without any late fees. Services will be suspended until payment is made.

Scenario: A client subscribes to a monthly maintenance service but fails to make the payment on the due date. After the 2-day grace period, the service is suspended. The client then pays after three days, and the service is promptly restored.

4.3 One-Time Payments

For one-time development projects, payment is required before the commencement of development. The payment structure may include:

  1. Initial Deposit: A percentage of the total cost to be paid upfront.

  2. Milestone Payments: Payments tied to the completion of specific project milestones, as outlined in the project agreement.

  3. Final Payment: Remaining balance to be paid upon project completion and before the final delivery of the software.

Scenario: For a project costing ₹10,00,000, the client might be required to pay an initial deposit of ₹2,00,000. Subsequent milestone payments of ₹2,00,000 each will be due upon completion of specified phases of the project. The final ₹2,00,000 will be due upon project completion before the software is delivered.

4.4 Non-Payment Consequences

  1. Subscription Services: Non-payment results in immediate suspension of services.

  2. One-Time Projects: Non-payment at any stage results in a halt in development. Swift Struck reserves the right to retain any work completed until payment is received.

Scenario: If a client fails to make the second milestone payment, Swift Struck will halt development work until the payment is received. This could delay the project and result in additional costs if the project timeline is extended.

5. Intellectual Property Rights

5.1 Ownership

The Client will hold all intellectual property rights to the software developed by Swift Struck, including source code, documentation, and any associated materials. Swift Struck will transfer all rights upon full payment of the project fees.

Scenario: Upon completion of a project and receipt of the final payment, Swift Struck transfers all rights to the developed software to the client. The client now owns the software and can use it as they see fit.

5.2 Third-Party Tools and Licenses

Swift Struck utilizes proprietary technologies such as Glide Apps, Google Sheets, Google Workspace, and Google Apps Script in the development process. The usage of these tools is covered under their respective licenses and does not require additional licenses from the Client.

Scenario: If Swift Struck uses Google Sheets for data storage in a project, the client does not need to obtain a separate license for Google Sheets. Swift Struck ensures compliance with all necessary licenses.

5.3 Use of Open-Source Software

If any open-source software is used in the project, Swift Struck will ensure compliance with the relevant licenses. The Client will be informed about the use of such software and any associated obligations.

Scenario: Swift Struck integrates an open-source library into a project. The client is informed about the library and its license requirements, ensuring that all usage complies with open-source licenses.

6. Confidentiality

6.1 Confidential Information

Confidential information includes any non-public information disclosed by the Client to Swift Struck, either directly or indirectly, in writing, orally, or by inspection of tangible objects. This includes, but is not limited to, business plans, data, financial information, and customer information.

6.2 Non-Disclosure Obligations

Both parties agree to:

  1. Not disclose any confidential information to third parties: Except as required by law or with prior written consent.

  2. Use confidential information solely for the purpose of fulfilling their obligations under this agreement.

  3. Take reasonable measures to protect the confidentiality of the information.

Scenario: If Swift Struck is given access to the client’s financial data to integrate into a business application, this data is treated as confidential and not shared with any third parties without the client’s consent.

6.3 Anonymization of Client Data

Client data used in development and support processes will be anonymized. It will not be tagged to any individual and will be used solely for backend development and support purposes.

Scenario: Swift Struck uses anonymized user data to test and improve software functionalities. This data is not linked to any specific individual, ensuring privacy and confidentiality.

6.4 Duration of Confidentiality Obligations

These confidentiality obligations will remain in effect during the term of the agreement and for a period of five years after its termination.

Scenario: Even after a project is completed and the agreement is terminated, Swift Struck continues to protect the client’s confidential information for five more years, ensuring it is not disclosed or misused.

7. Warranties and Disclaimers

7.1 Auto-Updates

Swift Struck guarantees that the software will be auto-updated to the latest standards, with periodic UI improvements and codebase updates. This ensures that the software remains current with technological advancements and industry practices.

Scenario: A client’s web application is automatically updated by Swift Struck to include the latest security patches and UI improvements, ensuring it remains secure and user-friendly.

7.2 Support for Bugs and Issues

As long as the software is active and the subscriptions or maintenance fees are paid, Swift Struck will provide support for bugs and issues. Support includes troubleshooting, bug fixes, and minor updates to ensure the software functions as intended.

Scenario: If a client reports a bug in the software during an active subscription period, Swift Struck will work to fix the bug as part of its support services.

7.3 No Specific Industry Standard Warranties

Swift Struck does not guarantee that the software will meet specific industry standards but commits to continual improvement and updates to maintain high-quality standards.

7.4 Limitations on Warranties

The software is provided “as is” without any warranties of any kind, either express or implied. Swift Struck disclaims all warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Scenario: If a client uses the software in a way that was not intended or specified, Swift Struck is not responsible for any issues or problems that arise from such use.

8. Indemnification

8.1 Client Indemnification

The Client agrees to indemnify, defend, and hold harmless Swift Struck, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including legal fees and costs, arising out of or in any way connected with the use of the software or services provided by Swift Struck.

Scenario: If a third party sues the client over the use of the software developed by Swift Struck, the client will cover all legal costs and damages incurred by Swift Struck.

8.2 Swift Struck Indemnification

Swift Struck agrees to indemnify, defend, and hold harmless the Client, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including legal fees and costs, arising out of or in any way connected with the services provided, including but not limited to intellectual property infringement claims.

Scenario: If a third party claims that the software developed by Swift Struck infringes on their intellectual property, Swift Struck will handle the legal defense and cover any associated costs.

9. Limitation of Liability

9.1 Liability Cap

Swift Struck’s liability to the Client for any claim arising out of or relating to this agreement will be limited to the amount paid by the Client for the services.

Scenario: If a client paid ₹20,00,000 for a software project, the maximum liability Swift Struck would have in any dispute related to that project would be ₹20,00,000.

9.2 Excluded Damages

Swift Struck will not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, revenue, data, or use, even if advised of the possibility of such damages.

Scenario: If a client’s business suffers a loss of revenue due to a temporary outage of the software, Swift Struck is not liable for the lost revenue.

9.3 Basis of Bargain

The limitations of liability set forth in this agreement are a fundamental part of the basis of the bargain between Swift Struck and the Client.

Scenario: These limitations are agreed upon in advance and form the foundation of the contractual relationship, ensuring both parties understand the extent of their risks and responsibilities.

10. Change Managementation of Liability

10.1 Amendments

Any changes to the project scope must be agreed upon in writing by both parties. This includes changes to specifications, deliverables, timelines, and costs. Changes will be documented in a Change Order Form, which will become part of the project agreement.

Scenario: If a client wants to add a new feature to the software midway through the project, both parties must agree on the changes, including any adjustments to the timeline and cost.

10.2 Impact on Project

Changes may affect project timelines and costs. Swift Struck will provide the Client with an updated timeline and cost estimate based on the proposed changes.

Scenario: Adding a new feature might extend the project by two weeks and increase the cost by ₹2,00,000. This will be communicated and agreed upon before proceeding.

10.3 Approval Process

Both parties must approve any changes before they are implemented. This ensures that both parties are aware of and agree to the impact of the changes on the project.

Scenario: A client cannot unilaterally decide to change the project requirements. Any change must go through the formal approval process to ensure transparency and agreement.

11. Termination

11.1 Termination Conditions

Either party may terminate the agreement for cause if the other party breaches any material term of the agreement and fails to cure such breach within 30 days of receiving written notice. The Client may also terminate the agreement for convenience with 60 days’ written notice to Swift Struck.

Scenario: If Swift Struck fails to meet agreed-upon milestones and does not remedy the situation within 30 days of being notified, the client may terminate the contract.

11.2 Effect of Termination

Upon termination:

  1. Outstanding Payments: All outstanding payments for services rendered up to the termination date must be settled immediately.

  2. Return of Materials: Both parties must return or destroy all confidential information and materials belonging to the other party.

  3. Cease of Services: Swift Struck will cease all services and deliver all completed work to the Client.

Scenario: If a client terminates the contract, they must pay for any work completed up to that point. Swift Struck will then provide the client with all completed work and cease any further development.

11.3 Survival of Provisions

Provisions of this agreement that by their nature should survive termination will survive, including but not limited to confidentiality, indemnification, limitation of liability, and intellectual property rights.

Scenario: Even after the contract is terminated, clauses related to confidentiality and intellectual property rights remain in effect.

12. Governing Law and Dispute Resolution

12.1 Applicable Law

This agreement shall be governed by and construed in accordance with the laws of India, including but not limited to:

  1. Information Technology Act, 2000: Governs cyber law and digital transactions in India.

  2. Digital Personal Data Protection (DPDP) Act, 2023: Regulates data protection and privacy rights in India.

  3. Indian Contract Act, 1872: Provides the legal framework for contracts in India.

Scenario: Any legal disputes will be resolved based on the laws specified, ensuring consistency and legal compliance.

12.2 Dispute Resolution

In the event of any dispute arising out of or relating to this agreement, the parties shall attempt to resolve the dispute through direct discussion and negotiation.

12.3 Step-by-Step Dispute Resolution Process

  1. Initial Discussion: The parties shall first attempt to resolve the dispute through direct negotiation within 15 days of the dispute arising.

  2. Mediation: If the dispute is not resolved through negotiation, the parties agree to submit the dispute to mediation. The mediation will be conducted in Mumbai, Maharashtra, India, by a mediator mutually agreed upon by both parties. Each party shall bear its own costs of mediation.

  3. Arbitration: If mediation fails to resolve the dispute within 30 days, either party may refer the dispute to binding arbitration. The arbitration shall be conducted in Mumbai, Maharashtra, India, in accordance with the Arbitration and Conciliation Act, 1996. The decision of the arbitrator(s) shall be final and binding on both parties.

  4. Legal Action: In the event the dispute significantly impacts the company and cannot be resolved through arbitration, legal action may be taken. The parties agree to submit to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, India.

Scenario: If a client believes that Swift Struck has not fulfilled its contractual obligations, they will first attempt to resolve the issue through discussion. If that fails, they will proceed to mediation, and if necessary, arbitration or legal action.

12.4 Escalation to Legal Action

Swift Struck reserves the right to escalate disputes directly to legal action in cases where the dispute involves substantial financial impact, harm to the company’s reputation, or potential threats to the company’s existence.

13. Miscellaneous

13.1 Entire Agreement

This document constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, and communications, whether written or oral.

Scenario: If any previous verbal agreements were made between Swift Struck and the client, this written document takes precedence and nullifies those prior agreements.

13.2 Amendments

Any amendments to this agreement must be made in writing and signed by authorized representatives of both parties.

Scenario: If the client and Swift Struck agree to add new services or modify existing ones, these changes must be documented and signed by both parties to be valid.

13.3 Severability

If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Scenario: If a court finds that a specific clause in this agreement is not enforceable, the rest of the agreement remains valid and enforceable.

13.4 Waiver

No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. A waiver of any term or condition of this agreement must be in writing and signed by both parties.

Scenario: If Swift Struck chooses not to enforce a particular provision of this agreement, it does not mean they waive their right to enforce it in the future.

13.5 Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this agreement if such delay or failure is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, or governmental regulations.

Scenario: If a natural disaster prevents Swift Struck from completing a project on time, they are preventing Swift Struck from completing a project on time, they are not liable for delays caused by such events.

13.6 Assignment

The Client may not assign or transfer its rights or obligations under this agreement without the prior written consent of Swift Struck. Any attempted assignment without such consent will be void.

Scenario: If a client wishes to transfer their project to another company, they must first obtain written consent from Swift Struck. Without this consent, the transfer would not be recognized under the terms of the agreement.

13.7 Notices

All notices required or permitted under this agreement shall be in writing and shall be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Scenario: If Swift Struck needs to notify the client about a change in the project timeline, they will send an email. The notice is considered given once the client confirms receipt of the email.

13.8 Governing Language

This agreement has been drafted in English, which shall be the governing language for all matters relating to the meaning or interpretation of this agreement.

Scenario: In case of any dispute regarding the interpretation of the agreement, the English version will prevail over any translation.

14. Contact Information

For any questions, concerns, or inquiries about these terms and conditions, please contact us at:

  1. Email: assist.swiftstruck@gmail.com

  2. Phone: +91 9920706729, +91 9167418168

  3. Address: Swift Struck Private Limited,3703, Tower 5, Crescent Bay, Mumbai, Maharashtra, India.

Legal References

  1. Information Technology Act, 2000: Governs cyber law and digital transactions in India.

  2. Digital Personal Data Protection (DPDP) Act, 2023: Regulates data protection and privacy rights in India.

  3. Indian Contract Act, 1872: Provides the legal framework for contracts in India.

GSTIN and PAN Details

  1. GSTIN: (27ABMCS4223P1ZQ)

  2. PAN: (ABMCS4223P)

15. Additional Terms for Pre-Built Apps

15.1 Description

Swift Struck provides various pre-built applications available for purchase and use. These applications are offered as-is and come with associated documentation and support services.

Scenario: Clients can purchase pre-built apps from Swift Struck’s catalog, such as a project management tool, an inventory management system, or a customer relationship management (CRM) system. These apps are designed to be ready-to-use with minimal customization.

15.2 Licensing

By purchasing a pre-built app, the client is granted a non-exclusive, non-transferable license to use the application in accordance with the terms specified in the purchase agreement.

Scenario: A client purchases a pre-built CRM app and is granted a license to use it within their organization. They cannot resell or redistribute the app to third parties.

15.3 Payment Terms for Pre-Built Apps

Payment for pre-built apps is required upfront. Clients will receive access to the app upon receipt of payment. No refunds will be issued once the app has been delivered, except as required by law.

Scenario: A client pays ₹50,000 for a pre-built inventory management system. Upon payment, they receive access to download and use the app. If they later decide they no longer need the app, a refund will not be provided.

15.4 Support and Updates

Swift Struck provides support and updates for pre-built apps as specified in the purchase agreement. Support includes troubleshooting and minor updates to ensure the app functions as intended.

Scenario: If a client encounters an issue with a pre-built app, they can contact Swift Struck for support. Swift Struck will provide troubleshooting assistance and release updates as needed to fix any bugs.

15.5 Customization

Clients may request customization of pre-built apps. Such customizations will be treated as separate projects and will be subject to additional fees and a separate agreement.

Scenario: A client wants to add a custom reporting feature to a pre-built project management app. This request will be handled as a separate customization project, with its own terms and fees.