Terms & Conditions

1. Acceptance of Agreement

By browsing www.simbofy.com, signing a Statement of Work (SOW), accepting an electronic invoice, or paying any deposit or subscription fee through our payment gateways (including Stripe), you expressly agree to be bound by these Terms and Conditions. If you do not agree, you must immediately cease accessing our website and refrain from commissioning any services.

2. Scope of Agency Services

Simb Technologies provides professional digital consulting, technology engineering, and growth marketing services through its brand Simbofy, including but not limited to:

• Custom AI Automation & Workflows: Autonomous LLM agents, business process automation, CRM synchronization, and conversational AI integrations.
• Search Engine Optimization (SEO & AI SEO): Technical audits, Generative Engine Optimization (GEO), on-page and off-page visibility, search index rank engineering.
• Web & Application Development: High-conversion web applications, Astro/React/Node engineering, UI/UX design, performance optimization.
• Paid Media & Performance Marketing: Google Ads, Meta Ads, LinkedIn Ads management, conversion rate optimization (CRO).
• Creative & Brand Production: Graphic design, branding, high-definition video production, and social media management.

Specific deliverables, milestone schedules, service-level targets, and project roadmaps shall be governed by individual Statements of Work (SOW) or official quotes issued by Simb Technologies.

3. Fees, Billing & Stripe Payment Processing

All financial transactions and service contracts are administered under strict regulatory and accounting standards:

• Currency & Invoicing: Invoices are denominated in Indian National Rupees (INR) for Indian domestic clients or in convertible currencies (e.g., USD, EUR, GBP) for cross-border international clients.
• Taxes (GST): Invoices to Indian entities are subject to applicable Goods and Services Tax (GST, currently 18%) in accordance with the Central Goods and Services Tax Act, 2017. International export of services is handled under Letter of Undertaking (LUT) zero-rated provisions where permitted by law.
• Payment Aggregator & Stripe Processing: Payments are collected via PCI-DSS certified gateway providers, primarily Stripe, Inc. and authorized Indian aggregators. By paying through Stripe, the client authorizes Stripe to debit the specified amount using the chosen credit card, debit card, or banking method.
• Payment Schedules:
  • Milestone Projects: Initial advance deposit (typically 50%) required prior to project kickoff, balance billed against milestone delivery.
  • Monthly Retainers: Billed on a recurring monthly cycle, payable in advance on the designated billing date.
• Late Payments: Accounts overdue beyond 14 calendar days may incur an administrative interest surcharge of 1.5% per month or the statutory maximum, and may result in immediate suspension of active marketing campaigns, API endpoints, or developer hours.

4. Client Responsibilities & Cooperation

To enable timely and successful project execution, the Client agrees to:

• Furnish necessary corporate assets, brand guidelines, content, and credentials in a prompt manner.
• Designate an authorized point of contact with decision-making power for milestone sign-offs.
• Ensure that all materials, trademarks, copy, images, and data provided to Simb Technologies do not infringe upon any third-party intellectual property or violate applicable laws.

5. Intellectual Property Rights

Ownership and licenses are governed by the following provisions:

• Client Deliverables: Upon full and final settlement of all invoiced fees, the client shall own all right, title, and interest in the bespoke final deliverables created specifically for the client (e.g. customized logos, bespoke website layouts, finalized copy).
• Pre-Existing & Background IP: Simb Technologies retains complete ownership of all pre-existing software, generic code libraries, proprietary AI workflow architectures, internal toolkits, prompt sequences, and methodology frameworks developed independently by Simb Technologies. The client receives a perpetual, non-exclusive, non-transferable internal license to utilize such embedded background IP solely within the scope of the project deliverables.

6. Confidentiality & Non-Disclosure

Both parties agree to treat all business plans, customer databases, technical architectures, financial terms, and proprietary algorithms disclosed during the engagement as strictly confidential. Neither party shall disclose such Confidential Information without prior written consent, except where required by a court of competent jurisdiction.

7. Warranties & Limitation of Liability

Simb Technologies provides services using professional expertise, modern engineering practices, and reasonable diligence.

• Platform Disclaimers: Search engines (e.g. Google), social networks (e.g. Meta, LinkedIn), and AI foundation model providers (e.g. OpenAI, Anthropic) update their proprietary algorithms, indexing models, and moderation policies autonomously. Simb Technologies does not warrant or guarantee unalterable search rankings, specific lead counts, or third-party uptime.
• Liability Cap: To the maximum extent permitted by applicable Indian law, the total aggregate liability of Simb Technologies (including Simbofy), its directors, employees, and agents, arising out of or related to these terms or services rendered, shall strictly not exceed the total fees actually paid by the client to Simb Technologies during the three (3) months immediately preceding the event giving rise to the claim.
• Consequential Damages: Neither party shall be liable for indirect, incidental, punitive, or consequential damages, including lost profits or business disruption.

8. Term & Termination

Either party may terminate a project or retainer agreement under the conditions set forth below and in our Cancellation & Refund Policy:

• Retainer Agreements: May be terminated by either party with a minimum of fourteen (14) days prior written notice before the next monthly billing cycle.
• Material Breach: Either party may terminate immediately if the other party materially breaches any term and fails to cure such breach within ten (10) days of receiving written notice.
• Effect of Termination: Client shall immediately pay all unpaid invoices for work performed and expenses incurred up to the effective termination date.

9. Governing Law, Dispute Resolution & Jurisdiction

These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of India.