Terms and Conditions
1. Definitions
|
Term |
Meaning |
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‘Company’ / ‘MOYO’ / ‘We’ / ‘Us’ |
MOYO Innovations, a company registered in India, having its registered office at Featherlite The Address, 200 Feet Radial Rd, Pallavaram, Chennai – 600044, Tamil Nadu, India |
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‘Client’ |
Any individual or entity that engages MOYO Innovations for services or purchases products |
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‘Student’ / ‘Learner’ |
Any individual enrolled in a MOYO Academy programme |
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‘User’ |
Any person who accesses or uses the website at https://moyoinnovations.com/ |
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‘Services’ |
All services offered by MOYO Innovations including Technology Services, Enterprise Support, Workforce Solutions, Branding, Digital Marketing, Academy Training, HR Services & Consulting |
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‘Products’ |
MOYO Suite (CRM, Billing, Finance), MOYO Academy platform, and any other software products |
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‘Academy’ |
MOYO Innovations Academy (MIA) offering structured technology training programmes |
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‘Engagement’ |
A specific consulting, technology, HR, or marketing project entered into under a Statement of Work or service agreement |
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‘Intellectual Property’ |
All patents, copyrights, trademarks, trade secrets, and other intellectual property rights |
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‘Confidential Information’ |
Any non-public information disclosed by either party in connection with an Engagement |
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‘Website’ |
https://moyoinnovations.com/ and all subdomains including https://academy.moyoinnovations.com/ |
2. Acceptance of Terms
By accessing our Website, enquiring about or engaging our Services, enrolling in the Academy, or using our Products, you agree to be bound by these Terms & Conditions (‘Terms’). If you are accessing the Website or engaging Services on behalf of a company or organisation, you represent and warrant that you have authority to bind that entity to these Terms.
If you do not agree to these Terms, you must immediately cease using our Website and Services. We reserve the right to amend these Terms at any time. Continued use of our Website or Services following the posting of revised Terms constitutes acceptance of those changes.
3. Services Offered
MOYO Innovations provides the following services, subject to these Terms and any additional terms specified in a project-specific Statement of Work (SOW) or Service Agreement:
- Technology Services: Custom software development, web development, application development, IT consulting, cloud solutions, cybersecurity services
- Enterprise Support: Business process optimisation, operational consulting, IT support services
- Workforce Solutions: Staffing, recruitment, talent acquisition, temporary and permanent placement
- Branding: Brand identity design, logo design, visual identity, brand strategy
- Digital Marketing: Search engine optimisation (SEO), pay-per-click (PPC), social media management, content marketing, analytics
- Academy Training: Structured technology education programmes through MOYO Innovations Academy
- HR Services & Consulting: HR strategy, payroll management, HR compliance, performance management consulting
- MOYO Suite Products: CRM, Billing, Finance software products on a subscription or licence basis
4. User Responsibilities
Users and Clients agree to:
- Provide accurate, complete, and current information when using forms or engaging Services
- Maintain the confidentiality of account credentials (where applicable)
- Not use our Website or Services for any unlawful purpose or in a manner that infringes the rights of others
- Not upload or transmit malicious code, viruses, or harmful content
- Not attempt to gain unauthorised access to our systems, services, or data
- Comply with all applicable laws and regulations in connection with their use of our Services
- Promptly notify us of any unauthorised use of their account or any security breach
5. Technology Services – Specific Terms
5.1 Engagement Process: All technology engagements will be governed by a detailed Statement of Work (SOW) signed by both parties. The SOW will define scope, deliverables, timelines, milestones, and payment schedule.
5.2 Client Obligations: The Client shall provide timely access to required systems, information, and personnel. Delays caused by the Client may result in revised timelines and additional costs.
5.3 Change Management: Any changes to agreed scope must be documented in a Change Order. MOYO Innovations reserves the right to revise timelines and fees for out-of-scope work.
5.4 Testing and Acceptance: Deliverables are subject to a mutually agreed acceptance testing period. The Client must raise defects within [Assumption Required: e.g., 14 days] of delivery. Failure to do so constitutes acceptance.
5.5 Source Code and IP: Unless explicitly agreed otherwise in writing, MOYO Innovations retains ownership of all pre-existing IP, frameworks, and tools. Upon full payment, the Client receives a licence to use the delivered custom deliverables for their internal business purposes.
5.6 Warranty: MOYO Innovations warrants that technology deliverables will conform to the agreed specifications for [Assumption Required: e.g., 90 days] from acceptance. Warranty does not cover issues arising from Client modifications.
6. HR Services & Consulting – Specific Terms
6.1 Candidate Data: In performing workforce and HR services, MOYO Innovations may process candidate personal data (CVs, employment history, references) on behalf of Clients. Clients warrant that they have lawful basis to instruct MOYO Innovations to process such data.
6.2 Replacement Guarantee: Assumptions Required – insert specific replacement guarantee period for placements.
6.3 Exclusivity: Unless agreed in writing, MOYO Innovations does not operate on an exclusive basis and may serve multiple clients in the same industry.
6.4 Fee Structure: Fees for recruitment are typically based on [Assumption Required: percentage of annual CTC or fixed fee]. Detailed terms are specified in individual engagement agreements.
7. Academy Training – Specific Terms
7.1 Enrolment: Enrolment in MOYO Academy programmes is subject to availability. MOYO Innovations reserves the right to refuse enrolment at its sole discretion.
7.2 Course Delivery: Programmes are delivered as described at the time of enrolment. Course content, materials, and schedules may be updated by MOYO Innovations at any time, provided that core programme objectives are maintained.
7.3 Attendance: Students are expected to maintain attendance requirements as specified by the Academy. Poor attendance may affect certification eligibility.
7.4 Certificates: Certificates issued by MOYO Innovations Academy are proprietary credentials of MIA. MOYO Innovations makes no representation that such certificates are recognised by any government body, university, or third-party employer unless explicitly stated.
7.5 Placement Support: MOYO Innovations provides placement assistance but does not guarantee employment or internship placements. Placement outcomes depend on individual performance and market conditions.
7.6 Student Conduct: Students must adhere to the Academy’s code of conduct. MOYO Innovations reserves the right to suspend or expel students for misconduct, plagiarism, or violation of these Terms.
7.7 Academy Fees – Payment: Full course fees or agreed instalment schedules must be paid as per the enrolment agreement. Non-payment may result in suspension of access to course materials.
7.8 Academy Fees – Refunds:
- Cancellation before course commencement: Full refund of course fee, less an administrative fee of [Assumption Required: e.g., ₹2,000 or 5%]
- Cancellation within 7 days of course commencement: 50% refund of course fee
- Cancellation after 7 days of course commencement: No refund is payable
- MOYO Innovations cancellation of course: Full refund of all fees paid
Refunds will be processed within [Assumption Required: e.g., 10-15 business days]. Refunds will be credited to the original payment method.
8. MOYO Suite Products – Subscription Terms
8.1 Subscription: Access to MOYO CRM, MOYO Billing, MOYO Finance, and other MOYO Suite products is provided on a subscription basis. Subscription terms, pricing, and features are as specified in the applicable product agreement or order form.
8.2 Licence: MOYO Innovations grants the Client a non-exclusive, non-transferable, revocable licence to use the Products during the subscription period, subject to these Terms.
8.3 Data Ownership: Client data uploaded or generated within MOYO Suite products belongs to the Client. MOYO Innovations processes such data as a data processor on behalf of the Client.
8.4 Uptime & SLA: MOYO Innovations will endeavour to maintain [Assumption Required: e.g., 99.5%] uptime. Planned maintenance will be notified with reasonable advance notice.
8.5 Subscription Termination: Either party may terminate a subscription by providing [Assumption Required: e.g., 30 days] written notice. Upon termination, the Client will have [Assumption Required: e.g., 30 days] to export their data before it is deleted.
8.6 Product Refunds: Subscription fees are non-refundable for the current billing period. Pro-rated refunds may be considered at MOYO Innovations’ sole discretion.
9. Consulting Services – Specific Terms
9.1 Engagement Basis: Consulting services are provided on a time-and-materials or fixed-fee basis as agreed in the applicable SOW.
9.2 Advice: Advice provided by MOYO Innovations consultants is based on information provided by the Client and prevailing market conditions. The Client is responsible for implementing recommendations and for the commercial decisions arising therefrom.
9.3 Independent Contractor: MOYO Innovations provides services as an independent contractor. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship.
10. Intellectual Property
10.1 MOYO Innovations’ IP: All content on the Website (including text, images, logos, graphics, course materials, software, product interfaces), MOYO Innovations’ pre-existing methodologies, frameworks, tools, and proprietary systems are and remain the exclusive intellectual property of MOYO Innovations.
10.2 Client IP: Clients retain ownership of all IP they provide to MOYO Innovations for the purpose of service delivery. The Client grants MOYO Innovations a limited licence to use such materials solely for the purpose of delivering the agreed services.
10.3 Work Product: Ownership of custom work product (software, designs, reports) created exclusively for a Client will transfer to the Client upon receipt of full payment, unless agreed otherwise in writing.
10.4 Course Materials: Academy course materials, syllabi, recorded sessions, and assessment materials are the exclusive IP of MOYO Innovations and may not be shared, reproduced, or distributed without prior written permission.
10.5 Prohibited Acts: Users must not copy, scrape, reverse engineer, decompile, or create derivative works from any MOYO Innovations content, software, or products without express written consent.
11. Confidentiality
Each party agrees to maintain the confidentiality of the other party’s Confidential Information and not to disclose it to any third party without prior written consent, except as required by law or as necessary to perform the agreed services. Confidentiality obligations survive termination of the engagement for a period of [Assumption Required: e.g., 3 years].
12. Payment Terms
12.1 Invoicing: Invoices will be raised as per the payment schedule in the applicable SOW or product agreement.
12.2 Payment Due: Payments are due within [Assumption Required: e.g., 14 days] of invoice date unless otherwise stated.
12.3 Late Payment: Late payments will attract interest at [Assumption Required: e.g., 18% per annum] on outstanding amounts from the due date.
12.4 GST: All prices are exclusive of applicable GST. GST will be charged in addition to the quoted price at the prevailing rate.
12.5 Currency: All fees are quoted and payable in Indian Rupees (INR) unless otherwise agreed in writing.
13. Limitation of Liability
To the maximum extent permitted by applicable law:
- MOYO Innovations’ total aggregate liability to any Client or User, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid or payable by the Client to MOYO Innovations in the 12 months preceding the event giving rise to the claim.
- MOYO Innovations shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of business, loss of data, or reputational loss, even if advised of the possibility of such damages.
- MOYO Innovations does not exclude liability for death or personal injury caused by its negligence, fraud, or any other liability that cannot be excluded by law.
14. Indemnification
The Client agrees to indemnify, defend, and hold harmless MOYO Innovations, its officers, directors, employees, consultants, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:
- The Client’s breach of these Terms
- The Client’s use of MOYO Innovations’ services in a manner not permitted by these Terms
- The Client’s violation of any applicable law or regulation
- Any data provided by the Client that infringes third-party rights
15. Termination
15.1 By Client: The Client may terminate an Engagement or subscription by providing written notice as specified in the applicable SOW or product agreement. Fees accrued up to the date of termination remain payable.
15.2 By MOYO Innovations: MOYO Innovations may terminate services immediately upon written notice if: (a) the Client materially breaches these Terms and fails to cure the breach within 14 days of notice; (b) the Client becomes insolvent or enters insolvency proceedings; (c) the Client engages in fraudulent, illegal, or unethical conduct.
15.3 Effect of Termination: Upon termination, all outstanding payments become immediately due. Each party must return or securely destroy the other’s Confidential Information.
16. Force Majeure
Neither party shall be in breach of these Terms or liable for delay in performing, or failure to perform, any obligations if such delay or failure results from a Force Majeure Event. A Force Majeure Event includes: acts of God, natural disasters, pandemic, government action, civil unrest, power failures, internet outages, or any other cause beyond the reasonable control of the affected party. The affected party must notify the other party promptly and use reasonable endeavours to resume performance as soon as practicable.
17. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. Subject to the arbitration clause below, the parties submit to the exclusive jurisdiction of the courts at Chennai, Tamil Nadu, India.
18. Dispute Resolution – Arbitration
18.1 Any dispute, controversy, or claim arising out of or in connection with these Terms, including breach, termination, or validity, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act 1996 (India), as amended.
18.2 The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. If the parties cannot agree on an arbitrator within 30 days of the dispute notice, the arbitrator shall be appointed in accordance with the rules of the Indian Council of Arbitration (ICA).
18.3 The seat and venue of arbitration shall be Chennai, Tamil Nadu, India. The language of arbitration shall be English.
18.4 The arbitral award shall be final and binding on both parties.
18.5 Notwithstanding the above, either party may seek urgent injunctive or interim relief from a competent court.
19. Miscellaneous
19.1 Entire Agreement: These Terms, together with any applicable SOW, product agreement, or enrolment agreement, constitute the entire agreement between the parties and supersede all prior negotiations, representations, and understandings.
19.2 Severability: If any provision of these Terms is found unlawful, void, or unenforceable, it shall be severed without affecting the validity of the remaining provisions.
19.3 No Waiver: Failure to enforce any provision shall not constitute a waiver of our right to enforce it subsequently.
19.4 Assignment: The Client may not assign these Terms without MOYO Innovations’ prior written consent. MOYO Innovations may assign these Terms as part of a business restructuring or sale.
20. Contact
MOYO Innovations | Featherlite The Address, 200 Feet Radial Rd, Pallavaram, Chennai – 600044, Tamil Nadu, India, Tamil Nadu, India
Email: contact@moyoinnovations.com | Phone: +91 98409 06066
