Terms & Conditions

• The offices are located at - 11/475 Blackburn Road, Mount Waverley, Vic 3149
• The primary area of business for Team in India is (but not limited to) providing design and development resources for Website Publishing, designing, development and software application development, mobile application development, IT Support services, Hosting services, Quality Analysis (QA) and Digital Media. Team in India also specialises in providing highly focused E -marketing solutions such as Search Engine Optimisation (SEO), e-communication strategy, Data Analysis, Reporting and research.
• Team in India undertake projects on a time and materials basis. All fees are estimated and exclusive of GST or any other taxes as may be applicable, estimates are valid for 30 days from the date of issue. The Payment terms are generally based on prior weekly or monthly bookings which are allocations of the developer resources unless agreed otherwise.
• The client is allocated dedicated resource(s) along with the necessary functional and support staff such as a team leader and a project manager. The client will not attempt to engage in business with current or ex-staff on a personal basis. Contravention of this will lead to legal proceedings involving all parties. All Team in India employees have confidentiality clauses in their employment contract and have signed non-disclosure agreements.
• The resource(s) would be operating out of the Indian office of Team in India, unless the resource is operating onsite or from our AU / US offices. The Indian office operates Monday - Friday, 10 AM to 7:00 PM (India's time zone is GMT + 5:30). All the public holidays are notified in advance and communicated by the development team directly; the holidays are generally compensated by working extra hours in the evenings, at weekends or as per the agreed time schedule with the client.
• During the term of the project, each party (the "Disclosing Party - client") may provide the other (the "Receiving Party - Team in India") with certain confidential and proprietary information ("Confidential Information"). Confidential Information includes, without limitation, business methods, plans, systems, finances, projects, trade secrets or provision of products or services to which it attaches confidentiality or in respect of which it holds an obligation to a third party, the terms of the Agreement, customer contracts, work product, any written information which is marked "Confidential" and any information which is orally disclosed, identified as confidential at the time of disclosure and confirmed in writing as being confidential within 30 days thereafter. However, "Confidential Information" will not include information that (a) is publicly known at the time of its disclosure, (b) is lawfully received by the Receiving Party from a third party not under an obligation of confidentiality to the Disclosing Party, (c) is published or otherwise made known to the public by the Disclosing Party, or (d) was generated independently by the Receiving Party before disclosure by the Disclosing Party. The Receiving Party will likewise restrict its disclosure of the Disclosing Party's Confidential Information to those who have an absolute "need to know" such Confidential Information in order for the Receiving Party to perform its obligations and enjoy its rights under this Agreement. Such persons will be informed of and will agree to the provisions of this Section and the Receiving Party shall remain responsible for any unauthorized use or disclosure of the Confidential Information by any of. Upon termination of the Project / Agreement for whatever reason both Parties shall deliver to the other Party all working papers or other material and copies thereof provided to it or prepared by it either in pursuance of this Agreement or otherwise.
• During the project / agreement whilst they are contracted to each other and for a period of five (5) years afterward from the date of this agreement, Team in India and the client will not directly or indirectly participate in a business with their contacts or employees now or later operated by them in all countries throughout the globe. In particular, they or their representatives will not:
  • solicit or attempt to solicit any business or trade from their actual or prospective customers.
  • employ or attempt to employ any employees of each other.
  • divert or attempt to divert business away from each other, or
  • encourage any independent client, consultant, or business to compete with each other.
  • encourage any independent client, consultant, or business to end a relationship with each other.
• Both the parties undertake to disclose the information including "confidential information" only to a minimum number of its employees who need to have the information disclosed to them only on a "need-to-know" basis and to ensure that the obligations on use and disclosure of the information are observed by all of the said employees.
• The Online Project Management Area will only be available to Team in India customers who have entered into a legally binding agreement with Team in India regarding the build of web sites and applications. Team in India customers will be given a specific user name and password as part of their use of the Online Project Management Area and agree not to share these log in details with any third party. The use of the Online Project Management Area is entirely at the Team in India Customer’s risk. In no way can Team in India be held liable for eventual damages arising from the inaccessibility to personal information, from the loss or alteration of stored materials or by any other event, including any service interruptions.
• Team in India Customer conduct within the Online Project Management Area The Team in India Customer has the sole responsibility for any content uploaded, published, or in any other way transmitted or distributed through the Service. The Team in India Customer agrees not to use the Online Project Management Area to:
  • Upload, publish, or make available in any other way Content that is unlawful or prohibited
  • Harm people under the age of 18 in any way.
  • Upload, publish, or make available in any other way Content that the User does not have the right to distribute
  • Upload, publish, or make available in any other way Content which infringes any Patent, Law, Trade Secrets, Copyright or other Proprietary Rights
  • Disturb or interfere with the Service, the servers or the networks connected to the Service
  • Violate any Local or International Law or applicable regulations
  • Collect and store other Team in India Customer’s personal data without their explicit permission
• This agreement will be governed by and construed in accordance with Australian law.
• Any party may terminate the services / contract / agreement in writing by providing notice. Notice period for large projects is 3 months & 1 month for small to medium sized project. For clients with On-going Time & Materials Projects (weekly & monthly running projects with dedicated developers and designers), the notice period is a minimum of 1 week. Team in India has the right to "define" the "type" of a project. Third party services might require additional time.
• Team in India has the right to remove any Team in India Customer’s files at any moment and to cancel any login without prior notice. It is the sole responsibility of the Team in India Customer to keep a copy of the Content uploaded on Team in India Online Project Management Area. Team in India does not assume any responsibility in case of partial or total loss of the User's material. Although Team in India is not obliged to pre-screen and screen the files uploaded by Users, Team in India reserves the right to access any account and any file, without prior notice, in order to verify the Users' compliance with the Terms and Conditions. Personal data provided to Team in India remain the Team in India Customer’s property. The Team in India Customer allows Team in India to collect and use this information for both operational and marketing purposes. Team in India agrees not to distribute this information to any third parties, unless specifically required to by Law, or unless give specific permission by the Team in India Customer.
• During the course of the "project" it is the client's responsibility to provide all (but not limited to the following) the relevant information, content, pictures, previous code etc... in order to make the project technically feasible and viable - in the absence of the above or any other relevant material Team in India will use freeware / shareware material as deemed fit.
• Team in India will not be held responsible in case the client insists on using a particular "copyrighted" material - Team in India would assume that the client has taken care of the legal and copyright implications of using the same and once the final payment and or the website has been made "live" it is deemed that the client has given the go ahead to use the above mentioned material at its own risk and consequences.
• After the receipt of final payment, the client will own the specific instances of all code we produce for you but not the algorithms, techniques, methods, or trade secrets we use to produce it and which belong to Team in India.
• If during the course of the work the client is unable to provide us with necessary information, materials or feedback in a timely manner when requested (within 24 hours) it could become necessary to reschedule the team / resource to other projects while we are waiting. Any delay in re-allocating resources off the project during these waiting periods will be taken from the allocated project time.If we request materials, information, decisions, or approvals from you that we need to complete the work and you do not provide them within thirty days of our request, we will deem the work to be completed and all payments due.
• Existing sites – Work done on an existing site is done on an unseen basis: Due to the nature of existing sites (sites already finished or part finished by a third party) we cannot predict code integrity. We undertake this work on the understanding that we will research and develop the existing code, but we make no guarantees that the previous work is a suitable framework for us to work with.
• Payment Terms - Projects running on a dedicated basis: 100% in advance at the time of issue of the Work Order (WO). This applies to Daily rated projects, Weekly rated projects, On-going Time & Materials projects and projects running on the Team in India "Bucket System".
• Back-up, it is the client’s responsibility to ensure they have a back-up of the work. We recommend taking back-ups of the work at all stages (we recommend an automated scheduled back-up, which can be set-up alongside any work by our server technicians).Live servers, all development work takes place “off-site” on a Sandbox environment provided by us. On occasion, it may be requested that development takes places on live servers (time constraints, upon client request, licensing reasons for example). This is done so at your own risk. We do not take responsibility for any impact this may have to either the live site or your ability to work. We strongly recommend the use of a Sandbox server.
• In case of payment not received as per the terms set out above, Interest would be charged on the outstanding amount at the rate of 1.5 % per month.
• Payments for time worked are not refundable if the work is cancelled before completion.
• A man-month would be defined as 160 Hrs of work in a month.
• When a developer(s) is working on a dedicated basis, they are allocated for 40 hours per week, 160 hours per month etc.This time includes design, programming, testing and time spent awaiting feedback requested by the developer(s) to the client.
• If the total man-hours logged by a resource are more than 15% over the hours defined above, then the Management of Team in India reserves the right to charge the client for the additional man-hours.

Payment of the advance / first invoice is an acceptance of the above terms and conditions.

Intellectual Property Rights

Each party reserves all its proprietary rights in its Confidential Information and no rights or obligations, other than those expressly recited herein, are granted or to be implied. In particular, no license is hereby granted directly or indirectly under or in respect of any invention, discovery, patent, copyright or any other intellectual property right now or in the future held, made, obtained or licensable by the Disclosing Party. The property in all Confidential Information disclosed pursuant to an agreement / contract / project shall, subject to any right of any other owner, remain with the original owner / party.

Use of Intellectual Property: Each party acknowledges that the other party owns or licenses Intellectual Property related to its or its affiliates' existing business and such Intellectual Property may be used and further developed in the course of this Agreement. Each party understands that the other party intends to continue to develop and commercially exploit its own Intellectual Property during and after the term of this Agreement.

Prior Intellectual Property Rights: All Intellectual Property rights owned by a party as of the Effective Date ("Prior IP") shall remain the property of such party and no licenses or other rights with respect to such Intellectual Property are granted to the other party except as expressly set forth in an agreement or a later agreement. Each party shall have the burden of proof concerning the Intellectual Property it claims as its Prior IP

Developed Intellectual Property for clients: All right, title and interest of every kind and nature, whether now known or unknown, in and to any Intellectual Property created, written, developed, furnished or produced by us during the term of the agreement / project, whether alone or jointly with others and whether or not during work hours, that are within the scope of the agreement or any applicable Statement of Work shall be the exclusive property of the client (subject to the other conditions and specifically the payment of all the dues). As used herein, the term "Intellectual Property" shall include, without limitation, any inventions, technological innovations, discoveries, designs, formulae, know-how, processes, patents, trademarks, service marks, copyrights, computer software, ideas, creations, improvements to all such property and all recorded material defining, describing or illustrating all such property, whether written or not and whether stored in plain or in code form.

Team in India understands that it shall have no right, title or interest of any kind or nature in or to any item of Intellectual Property, or in or to any results and/or proceeds from any item of Intellectual Property created or developed for the client. Team in India agrees to assist the client, at client's expenses, to obtain patents, copyrights, trademarks, service marks and similar protections in all countries on any item of Intellectual Property and agrees to execute any and all documents necessary to obtain such patents, copyrights trademarks, service marks and similar protections in all foreign countries in the name of client. Team in India further agree to assist the client or its nominees in the performance of any lawful acts that the client, at its discretion deems necessary to secure proper patent, copyright, trademark, service mark and other protection for any item of Intellectual Property or Improvements thereon and to vest the client the entire interest therein all countries.