1. Acceptance of Terms

By accessing and using the services provided by SparkWhiz Infotech ("Company," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and SparkWhiz Infotech.

Important: If you do not agree to these Terms, please do not use our services. Your continued use of our services constitutes acceptance of any changes to these Terms.

These Terms apply to all users of our services, including clients, visitors, and any other individuals who access or use our services in any capacity.

2. Description of Services

SparkWhiz Infotech provides comprehensive AI-powered IT solutions and services, including but not limited to:

  • Web development and design services
  • Mobile application development
  • Cloud computing solutions and migration services
  • Cybersecurity consulting and implementation
  • Artificial Intelligence and Machine Learning solutions
  • IT consultancy and strategic planning
  • Managed IT services and support
  • Digital transformation consulting
  • Custom software development
  • System integration and API development

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with appropriate notice to our clients.

3. User Accounts and Registration

To access certain services, you may be required to create an account with us. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access or security breaches

You are solely responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

4. User Conduct and Responsibilities

When using our services, you agree not to:

  • Violate any applicable laws, regulations, or third-party rights
  • Use our services for any unlawful or prohibited activities
  • Interfere with or disrupt our services or servers
  • Attempt to gain unauthorized access to our systems or networks
  • Transmit any harmful, offensive, or inappropriate content
  • Infringe upon intellectual property rights of others
  • Engage in any activity that could damage our reputation or business
  • Use our services to send spam or unsolicited communications

Compliance: You are responsible for ensuring that your use of our services complies with all applicable laws and regulations in your jurisdiction.

5. Intellectual Property Rights

All intellectual property rights in our services, including but not limited to software, designs, trademarks, copyrights, and trade secrets, remain the exclusive property of SparkWhiz Infotech or our licensors.

Client Content: You retain ownership of any content, data, or materials you provide to us. However, you grant us a limited license to use such content solely for the purpose of providing our services to you.

Work Product: Unless otherwise specified in a separate agreement, any work products, deliverables, or customizations created specifically for you will be owned by you upon full payment. However, we retain rights to:

  • General methodologies, processes, and know-how
  • Pre-existing intellectual property incorporated into the work
  • Generic solutions that may be applicable to other clients

6. Payment Terms and Billing

Payment terms will be specified in individual service agreements or project proposals. General payment terms include:

  • Payment Methods: We accept bank transfers, credit/debit cards, PayPal, and other approved payment methods
  • Payment Schedule: Payments are typically due according to project milestones or monthly billing cycles
  • Late Payments: Late payments may incur additional fees and may result in suspension of services
  • Refunds: Refund policies will be specified in individual service agreements
  • Taxes: All fees are exclusive of applicable taxes, which you are responsible for paying

Important: Failure to make timely payments may result in suspension or termination of services and may affect project timelines.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We implement appropriate technical and organizational measures to protect your data, including:

  • Encryption of sensitive data in transit and at rest
  • Access controls and authentication mechanisms
  • Regular security assessments and updates
  • Compliance with applicable data protection regulations
  • Employee training on data protection and confidentiality

By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

8. Limitation of Liability

To the maximum extent permitted by applicable law, SparkWhiz Infotech shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Business interruption or downtime
  • Costs of substitute services or products
  • Damages arising from third-party actions or services

Liability Cap: Our total liability for any claims arising from or related to our services shall not exceed the total amount paid by you for the specific services giving rise to the claim in the 12 months preceding the claim.

This limitation applies regardless of the legal theory upon which the claim is based, whether in contract, tort, negligence, or otherwise.

9. Termination of Services

Either party may terminate services under the following conditions:

Termination for Convenience: Either party may terminate ongoing services with 30 days' written notice.

Termination for Cause: Either party may terminate immediately upon written notice if:

  • The other party materially breaches these Terms
  • The other party fails to cure a breach within 30 days of written notice
  • The other party becomes insolvent or files for bankruptcy
  • The other party engages in unlawful activities

Effect of Termination: Upon termination, you will pay for all services rendered up to the termination date, and we will provide you with any deliverables completed as of the termination date.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Any disputes arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts located in Mohali, Punjab, India.

Dispute Resolution: Before resorting to litigation, parties agree to attempt to resolve disputes through good faith negotiations and, if necessary, mediation.

11. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

  • Update the "Last Updated" date at the bottom of this page
  • Notify you of material changes via email or prominent notice on our website
  • Provide at least 30 days' notice for significant changes

Your continued use of our services after any changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you should discontinue use of our services.

12. Contact Information

If you have any questions about these Terms of Service, please contact us:

Contact SparkWhiz Infotech

Address: C-205, SM Heights, Phase-8B, Sector-74, Mohali, Punjab, India, 140307

Email: support@sparkwhizinfotech.com

Phone: +91 977 956 6538

Website: www.sparkwhizinfotech.com

Last Updated: August 6, 2025