শর্তাবলী / Terms and Conditions

Last Updated: October 11, 2025

1. Introduction

These Terms and Conditions (“Terms”) govern the use of services provided by Labartise / ল্যাবার্টাইজ (“Company,” “we,” “us,” or “our”), a global digital solutions provider with its head office in Pusad, India, and regional operations in Dhaka, Bangladesh. We provide services to clients worldwide. By engaging our services, you (“Client,” “you,” or “your”) agree to be bound by these Terms.​

2. Services Provided

Labartise offers the following services globally: web development, custom software development, CRM consulting and system integration, ERP consulting, e-commerce development, IT managed services, web design, mobile application development (including Flutter and native platforms), and digital marketing solutions. Specific service scope, deliverables, and technical specifications will be detailed in individual project agreements or Statement of Work (SOW) documents.​

3. Client Obligations

The Client agrees to provide all necessary content, materials, information, credentials, and access required for project completion in electronic format within agreed timelines. The Client will designate a single authorized representative with decision-making authority for effective communication with Labartise. Delayed provision of materials, feedback, or approvals may result in project timeline extensions and potential additional charges. The Client is responsible for ensuring they have appropriate rights and licenses for all materials, content, and third-party services provided to Labartise.​

4. Payment Terms

Payment terms will be specified in individual project agreements. Generally, projects require an advance payment of 30-50% before work commencement, with the remaining balance due upon project completion or as per milestone schedules. All payments must be made in the currency specified in the agreement (USD, INR, BDT, or other mutually agreed currency). Late payments beyond 15 days may incur a 2% monthly interest charge. All fees exclude applicable taxes (GST in India, VAT in Bangladesh, or other local taxes), which shall be added as per applicable law. Payments are non-refundable except in cases of material service failure or non-delivery by Labartise.​

5. Intellectual Property Rights

All custom work, code, designs, and deliverables created specifically for the Client become the Client’s property upon full payment completion. Labartise retains the right to use pre-existing code, frameworks, libraries, open-source components, and proprietary tools developed independently. The Client grants Labartise a non-exclusive, worldwide license to showcase completed projects in our portfolio, marketing materials, and case studies unless a non-disclosure agreement or confidentiality clause specifies otherwise. Any modifications to open-source components will comply with respective licenses.​

6. Project Timeline and Delivery

Project timelines are estimates based on information available at project commencement and dependent on timely receipt of all required materials, feedback, and approvals from the Client. Labartise will make commercially reasonable efforts to meet agreed deadlines but shall not be held liable for delays caused by Client actions, third-party service providers, hosting issues, domain/DNS issues, government regulations, or circumstances beyond our reasonable control. Timeline extensions will be communicated promptly with revised delivery schedules.​

7. Warranties and Limitations

Labartise warrants that services will be performed with reasonable professional skill, care, and industry standards. We do not guarantee that software will be completely error-free, uninterrupted, or compatible with all future systems and updates. We warrant that deliverables will substantially conform to agreed specifications for 30 days post-delivery. Our maximum aggregate liability for any claim arising from services shall not exceed the total amount paid by the Client for the specific service in question during the 12 months preceding the claim. We are not liable for indirect, consequential, special, incidental, or punitive damages, including lost profits, revenue, data, or business opportunities. This limitation applies regardless of legal theory and even if we have been advised of such damages.​

8. Confidentiality

Both parties agree to maintain strict confidentiality of proprietary information, trade secrets, business processes, and technical information shared during the engagement. Confidential information excludes: (i) information publicly available through no breach of this agreement, (ii) information independently developed, (iii) information lawfully received from third parties, or (iv) information required to be disclosed by law or court order. This obligation survives termination of the agreement and remains in effect for three years from the date of disclosure. For projects requiring enhanced confidentiality, separate Non-Disclosure Agreements (NDAs) will be executed.​

9. Data Protection and Security

Labartise complies with applicable data protection regulations based on the jurisdiction of data processing and Client location, including:

• India’s Digital Personal Data Protection Act (DPDPA), 2023 for processing data of Indian residents​

• Bangladesh’s Digital Security Act, ICT Act, and Personal Data Protection regulations for Bangladesh operations​

• EU General Data Protection Regulation (GDPR) for clients or data subjects in the European Union​

• Other applicable regional privacy laws based on Client jurisdiction

We implement industry-standard security measures including encryption, access controls, secure development practices, and regular security audits to protect Client data. Clients are responsible for maintaining security of their own accounts, credentials, API keys, and any third-party systems they integrate with our services. Specific data processing terms may be detailed in separate Data Processing Agreements (DPAs) as required by applicable law.​

10. Third-Party Services and Integration

Our services may integrate with or depend on third-party platforms, hosting providers, payment gateways, APIs, cloud services (AWS, Google Cloud, Azure, etc.), or software libraries. Labartise is not responsible for third-party service availability, security breaches, terms changes, pricing changes, or discontinuation. Clients must ensure they have appropriate licenses, subscriptions, and terms compliance for all software, services, and APIs used in their projects. Additional costs for third-party services are the Client’s responsibility unless explicitly included in our proposal.​

11. Maintenance and Support

Post-delivery support and maintenance services are available as separate annual or monthly maintenance agreements. Free bug fixes are provided for 30 days after final project delivery for issues directly caused by our development that affect core functionality as specified in the original scope. Feature enhancements, compatibility updates for new platforms/browsers, performance optimization, third-party integration updates, and modifications requested after delivery are subject to additional charges. Maintenance agreements include defined response times, support channels, and scope of covered activities.​

12. Termination

Either party may terminate the agreement with 30 days’ written notice for ongoing services or retainer arrangements. For fixed-price projects, termination requires mutual agreement or material breach. Upon termination, the Client must pay for all work completed to date based on milestones achieved or hours worked. Labartise reserves the right to immediately suspend or terminate services for: (i) non-payment beyond 30 days of invoice date, (ii) material breach of terms, (iii) illegal activities, (iv) violation of third-party rights, or (v) abusive behavior toward team members. Upon termination, Labartise will deliver work completed to date, and both parties will return or destroy confidential information.​

13. Dispute Resolution and Governing Law

For Indian Clients: These Terms are governed by Indian law. Disputes shall first be attempted to be resolved through good-faith negotiations. If unresolved within 30 days, disputes shall be subject to arbitration under the Arbitration and Conciliation Act, 1996, with proceedings conducted in Pusad or Mumbai, India. The language of arbitration shall be English.​

For Bangladesh Clients: These Terms are governed by Bangladesh law. Disputes shall be subject to arbitration under the Arbitration Act, 2001 of Bangladesh, with proceedings conducted in Dhaka, Bangladesh.​

For International Clients: These Terms are governed by Indian law. Disputes shall be subject to international arbitration under UNCITRAL Arbitration Rules, with proceedings conducted in English. The seat of arbitration shall be Mumbai, India, unless otherwise mutually agreed. Each party shall bear its own costs, and arbitrator fees shall be shared equally.​

Both parties irrevocably waive any right to jury trial. Arbitration awards shall be final and binding, enforceable in any court of competent jurisdiction worldwide.

14. Export Control and Sanctions Compliance

Clients agree to comply with all applicable export control laws, trade sanctions, and regulations of India, Bangladesh, the United States, European Union, and United Nations. Clients shall not use our services or deliverables in any country or for any purpose prohibited by applicable export control or sanctions regulations. Labartise reserves the right to suspend services if we reasonably believe export control or sanctions laws are being violated.​

15. Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, pandemics, acts of war, terrorism, government actions, strikes, internet outages, cyber attacks, power failures, or other force majeure events. The affected party will promptly notify the other party and make reasonable efforts to resume performance. If force majeure continues for more than 90 days, either party may terminate without liability.​

16. Independent Contractor Relationship

Labartise is an independent contractor, not an employee, agent, partner, or joint venture of the Client. Nothing in these Terms creates an employment relationship, partnership, or agency. Each party is responsible for its own taxes, insurance, and regulatory compliance.​

17. Modifications and Entire Agreement

Labartise reserves the right to modify these Terms with 30 days’ notice for ongoing services. Clients will be notified of significant changes via email to the address on file. Continued use of services after modifications constitutes acceptance of updated Terms. For active projects, existing Terms will remain in effect until project completion unless both parties agree to updated Terms. These Terms, together with any SOWs, NDAs, and project-specific agreements, constitute the entire agreement between parties and supersede all prior communications, proposals, and understandings.​

18. Severability and Waiver

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full effect. Failure to enforce any right or provision does not constitute a waiver of future enforcement.​

Contact Information:
ল্যাবার্টাইজ Labartise
Head Office: Pusad, India
Bangladesh Office: 133/4 East Rampura, Dhaka, Bangladesh
Email: queries@labartise.com, labartise@gmail.com​