Terms & Conditions

1. About Amionyx

Amionyx (“we,” “us,” “our,” or “the Company”) is a digital agency providing AI development, web and mobile application development, UI/UX design, digital marketing, cloud & DevOps services, IT consulting, and offshore talent hiring services. We operate primarily through our website amionyx.com and related pages.

By accessing our website, submitting any form, engaging our services, or entering into a service agreement with us, you (“Client,” “User,” or “you”) agree to be bound by these Terms & Conditions in their entirety. If you do not agree, please do not use our services.

2. Acceptance of Terms

These Terms constitute a legally binding agreement between you and Amionyx under the applicable laws of India, including but not limited to:

• The Information Technology Act, 2000 and its amendments
• The Information Technology (Amendment) Act, 2008
• The Consumer Protection Act, 2019
• The Indian Contract Act, 1872
• The Digital Personal Data Protection Act, 2023 (DPDP Act)
• Any other applicable Indian legislation

3. Services

3.1 General

Amionyx offers a range of digital and technology services. The scope, deliverables, timelines, and pricing for each engagement are defined individually and communicated to the Client through a formal proposal, quotation, or Statement of Work (SOW) prior to commencement.

3.2 Project-Specific Conditions

• Service scope is defined per-project and may be adjusted by mutual written consent
• Revision limits, if any, are specified in the SOW for each project
• Technology choices, hosting arrangements, and third-party dependencies vary per project
• Turnaround times are estimates unless specifically committed to in writing
• All project-level agreements must be in writing (email constitutes writing for this purpose)

4. Payment Terms

4.1 Fixed-Price Projects

For projects with a defined scope, Amionyx provides a fixed quotation prior to commencement. Payment milestones (typically 50% advance, balance on delivery) are defined in the SOW. No work commences until the advance payment is received and confirmed.

4.2 Hourly Billing for Talent

• Hourly rates range from $1/hr (entry-level) to market rates for senior specialists and are confirmed per hire
• Billing cycles (weekly, bi-weekly, or monthly) are agreed upon at engagement start
• Timesheets or tracked hours are the basis for invoicing
• Disputed hours must be raised within 3 business days of invoice receipt
• Payments are due within 7 days of invoice unless otherwise specified in writing
• Late payments beyond 14 days may attract a late fee of 2% per month on the outstanding amount
• Currency of payment (INR, USD, or other) is agreed per engagement

4.3 Retainers and Ongoing Engagements

For retainer-based or ongoing service engagements, the billing frequency, retainer amount, and rollover policy are defined in the individual retainer agreement. Unused retainer hours do not automatically roll over unless explicitly stated in writing.

4.4 Taxes

All prices quoted are exclusive of applicable taxes. For clients in India, Goods and Services Tax (GST) at the applicable rate will be added to invoices. For international clients, no Indian GST applies; however, clients are responsible for taxes applicable in their own jurisdiction.

5. Cancellations and Refunds

• Projects cancelled after work has commenced are billed for the proportion of work completed
• Advance payments are non-refundable once a project is in active development, except at our discretion
• Talent engagements can be cancelled with a minimum notice period as specified in the individual SOW (typically 7 days)
• If we are unable to deliver services due to our own inability, a full refund of amounts paid for undelivered work will be issued

6. Talent Hiring Policy

• Amionyx pre-vets all talent before placement; however, we cannot guarantee specific outcomes or performance
• A two-week free replacement policy applies: if a placed talent is unsatisfactory within the first 14 calendar days, we will replace them at no additional cost
• All talent provided remains employed by or contracted to Amionyx; clients do not enter into direct employment relationships with them unless separately agreed in writing
• Clients must not solicit or hire Amionyx-placed talent directly outside of the Amionyx platform for a period of 12 months after the engagement ends, except with our written consent
• IP ownership of work created by placed talent is governed by the individual engagement agreement

7. Intellectual Property

Upon full payment of all dues, all original work product specifically created for a Client and defined in the SOW is assigned to the Client. Amionyx retains rights to:

• Any pre-existing tools, frameworks, libraries, or methodologies used in the creation of deliverables
• Generic, reusable code components not specifically created for the Client
• Portfolio rights to feature the completed work (unless the Client requests confidentiality in writing)

8. Confidentiality and NDAs

Amionyx treats all Client information as confidential. We are willing to sign Non-Disclosure Agreements (NDAs) prior to sensitive conversations. Our team members are bound by confidentiality obligations. We do not share Client information with third parties except as required to deliver the agreed services (e.g., hosting providers, payment processors) or as required by law.

9. Limitation of Liability

To the fullest extent permitted by Indian law, Amionyx’s total liability for any claim arising from our services shall not exceed the total fees paid by the Client for the specific service giving rise to the claim. We are not liable for:

• Indirect, consequential, or incidental damages
• Loss of revenue, profit, data, or business opportunity
• Delays caused by Client failure to provide timely feedback, content, or approvals
• Third-party service failures (e.g., hosting downtime, payment gateway issues)
• Errors caused by information inaccurately provided by the Client

10. Warranties

Amionyx warrants that services will be delivered with reasonable skill, care, and professionalism in accordance with the agreed SOW. We do not warrant that our services will be error-free, uninterrupted, or that they will meet requirements not specified in writing. The Client is responsible for thoroughly testing all deliverables before production use.

11. Client Responsibilities

• Provide accurate, complete, and timely information, content, and access required for service delivery
• Obtain all necessary third-party licences and permissions for materials provided to us
• Review and approve deliverables in a timely manner (delays in approval may affect project timelines)
• Maintain appropriate security for login credentials and access shared for project purposes
• Not use our services for any unlawful purpose

12. Prohibited Use

You may not use Amionyx services to:

• Develop products or content that are illegal, fraudulent, defamatory, or harmful
• Infringe upon the intellectual property rights of any third party
• Violate any applicable Indian or international law
• Engage in data scraping, spamming, or any activity that could harm others
• Misrepresent your identity or authority to engage our services

13. Dispute Resolution

In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation within 30 days of written notice of the dispute. If unresolved, disputes shall be submitted to arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in India. The language of arbitration shall be English.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of India. Any legal proceedings not resolved by arbitration shall be subject to the exclusive jurisdiction of the competent courts in India. For matters involving the Consumer Protection Act, 2019, the relevant consumer forums shall have jurisdiction.

15. Amendments to Terms

Amionyx reserves the right to update these Terms at any time. Changes will be posted on this page with an updated “Last updated” date. Continued use of our services after any such changes constitutes your acceptance of the revised Terms. For active client engagements, material changes will be communicated by email.

16. Termination

Either party may terminate an engagement upon written notice as specified in the project SOW. Amionyx may immediately suspend or terminate services if the Client breaches these Terms, fails to make payment when due, or engages in conduct harmful to our team or reputation. Upon termination, all unpaid fees for work completed become immediately due and payable.

17. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to: acts of God, natural disasters, government actions, internet or infrastructure outages, pandemic-related restrictions, or other events of force majeure. The affected party shall notify the other in writing within 5 business days of such an event.

18. Entire Agreement

These Terms, together with any applicable SOW or service agreement, constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior communications, representations, or agreements. No oral representation or promise shall be binding.

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19. Contact Us

For questions about these Terms & Conditions, please contact us:

• Email:
• Website: amionyx.com

We will respond to legal queries within 5 business days.