Terms & Conditions

1. Introduction & Binding Legal Agreement

Welcome to https://mohdirshad.com. These Terms & Conditions constitute a legally binding commercial agreement entered into between you (whether individually or representing an entity, referred to as "Client", "Licensee", "you", or "your") and Mohd Irshad (referred to as "Provider", "we", "us", or "our").

By accessing this website, creating an account, purchasing digital software templates or source code packages, or executing a custom software development milestone, you confirm that you have read, understood, and agree to be bound by all of these Terms & Conditions, together with our Privacy Policy and Refund Policy.

If you do not agree with all of these terms, you are expressly prohibited from using the website, downloading digital products, or commissioning custom engineering services.

2. Eligibility & Account Responsibility

• Age of Majority: You represent and warrant that you are at least 18 years of age (or the legal age of majority in your domestic jurisdiction) and possess the full legal capacity to enter into binding contracts.
• Corporate Authority: If you are entering into this agreement on behalf of a company, partnership, or organization, you warrant that you possess the necessary corporate authority to bind that entity to these terms.
• Account Security: You are responsible for safeguarding your login credentials, API secret keys, and order download links. Any activity occurring under your authenticated credentials will be deemed your authorized action.

3. Digital Software Products & End User License Agreement (EULA)

When you purchase ready-made software templates, PHP scripts, turnkey applications, or digital source code packages from mohdirshad.com, the software is licensed—not sold—to you under one of the following license categories:

License Restrictions Applicable to All Tiers: You may not:

• Decompile, reverse engineer, or circumvent digital license authentication keys or security locks embedded in the software.
• Publish, distribute, or share source code packages via public torrents, open-source repositories, or file-sharing channels.
• Remove, obscure, or alter copyright notices or proprietary markings embedded in underlying core framework modules.

4. Custom Software Engineering & Project Milestones

For bespoke software engineering, enterprise web design, API architecture, and custom SaaS platforms:

• Scope of Work (SOW): All custom engagements proceed based on an agreed written SOW outlining technical deliverables, architecture stack, payment milestones, and target delivery windows.
• Structured Milestone Phasing: Unless stipulated differently in a formal written contract, custom engineering follows standard milestone phases:
  1. Discovery & Architectural Blueprint (Deposit required prior to kickoff).
  2. Frontend UI/UX & Interactive Prototype Demo.
  3. Backend API Engineering, Database Schema & Integration.
  4. Staging Server Review, User Acceptance Testing (UAT) & Bug Remediation.
  5. Final Production Cloud Deployment & Asset Handover (Upon settlement of final invoice).
• Milestone Acceptance Protocol: Upon delivery of a milestone demo on staging, the Client has five (5) to seven (7) business days to inspect and submit feedback. If no written objections or bug reports are submitted within this review period, or if the Client instructs production deployment, the milestone shall be deemed accepted.
• Scope Changes & Out-of-Scope Requests: Any features, design overhauls, or third-party integrations not specified in the agreed SOW will be scoped as a separate Change Order and billed at standard hourly or fixed milestone rates.

5. Pricing, Currencies, Invoicing & International Taxes

• Currency & Invoicing: All baseline prices and milestone invoices are issued in United States Dollars ($ USD) or Indian Rupees (₹ INR) as indicated on the invoice.
• Payment Gateway Compliance: Payments must be remitted through authorized PCI-DSS verified gateways (PayU, Stripe, PayPal) or approved international bank wire transfers.
• International Taxes & Domestic Withholdings: Prices quoted are exclusive of local sales taxes, Value Added Tax (VAT), Goods & Services Tax (GST), or import customs tariffs levied by the Client’s domestic tax authority. The Client is solely responsible for remitting applicable local taxes or foreign currency conversion fees charged by their issuing bank.
• Late Payments: For custom milestones, failure to settle invoices within seven (7) business days of issuance may result in temporary suspension of active staging servers and development hours.

6. Intellectual Property (IP) Ownership & Work-for-Hire

We provide clean, modern, and legally unequivocal intellectual property assignments:

• Client Deliverable Ownership: Upon 100% full settlement of all project invoices and milestone fees, Mohd Irshad assigns to the Client exclusive intellectual property rights and copyright to the bespoke visual design layouts, custom frontend CSS/JS assets, and unique custom database schemas authored specifically for the Client’s project.
• Provider Pre-Existing Assets & Boilerplates: Provider retains sole ownership of pre-existing proprietary modules, architectural boilerplates, reusable algorithmic helpers, and open-source foundation libraries (such as PHP, Tailwind, Bootstrap, Vue, or React dependencies) utilized across client projects. Client is granted a perpetual, royalty-free, non-exclusive license to use these embedded core assets as an integrated part of their deliverable.
• Portfolio Showcase Rights: Provider reserves the customary industry right to display project screenshots, live URLs, and non-confidential case study summaries in professional portfolios, unless covered by a mutually executed Non-Disclosure Agreement (NDA).

7. Client Obligations & Acceptable Use Policy (AUP)

The Client agrees to comply with the following standards during the project lifecycle:

• Asset Ownership Warranty: The Client warrants that all logos, imagery, copy, typography licenses, and API credentials supplied to Provider are lawfully owned by the Client and do not infringe third-party copyrights, trademarks, or proprietary rights.
• Feedback Turnaround: Timely project delivery requires timely communication. Client agrees to provide required server access, assets, and revision feedback within three (3) to five (5) business days.
• Strict Acceptable Use Policy: You may never utilize software, templates, or engineering services provided by us to develop, operate, or facilitate:
  • Malicious software, spyware, ransomware, phishing portals, or automated exploit bots.
  • Unauthorized cyber intrusions, brute-force attacks, or port vulnerability scanners.
  • Illegal gambling, fraudulent financial pyramid schemes, or unverified crypto scams.
  • Defamatory, hateful, infringing, or unlawful content under applicable international law.
  Violation of this AUP constitutes material breach and results in immediate termination of licenses and services without refund.

8. Third-Party Infrastructure, Hosting & External APIs

Modern software relies on third-party cloud ecosystems. Unless explicitly contracted as an ongoing managed infrastructure service:

• Domain registrations, Cloud VPS servers (AWS, DigitalOcean, Linode, Hostinger, cPanel), SSL certificates, and external API quotas (e.g. OpenAI, Twilio, Google Maps, SendGrid, Payment Gateways) remain the direct financial and contractual responsibility of the Client.
• Provider is not liable for service downtime, latency, API deprecations, rate-limit bans, or pricing modifications enacted by third-party infrastructure providers.

9. 30-Day Bug Warranty & Technical Support

We stand behind the engineering excellence of our code:

• 30-Day Post-Launch Bug Warranty: For custom software deliveries, Provider provides complimentary bug remediation for thirty (30) calendar days following final production deployment. Any reproducible error or defect departing from the agreed written SOW will be rectified without additional engineering charge.
• Warranty Exclusions: This warranty does not cover defects caused by:
  • Subsequent modifications, edits, or installations made by the Client or third-party developers to the source code or server environment.
  • Hosting server misconfigurations, PHP version deprecations, or operating system incompatibilities not present during delivery.
  • Sudden breaking changes introduced by external third-party APIs.
• Ongoing Maintenance: Following the 30-day warranty window, ongoing security updates, version upgrades, and feature enhancements are available through separate retainer agreements.

10. Refunds, Digital Deliverables & Statutory Consumer Waivers

Our refund terms are structured around transparent milestone deliverables as detailed in our formal Refund Policy:

• Pre-Kickoff Cancellation: 100% deposit refund if a custom project is canceled prior to engineering commencement (minus non-refundable payment gateway processing fees).
• In-Progress Milestones: Once a development milestone has commenced and work presented for review, deposit funds dedicated to that milestone are non-refundable due to dedicated engineering hours consumed.
• Statutory Digital Content Waiver (EU & UK Consumer Law): Pursuant to Article 16(m) of EU Directive 2011/83/EU on Consumer Rights and the UK Consumer Contracts Regulations, when you purchase downloadable digital software goods (source code files, templates, scripts), you acknowledge and expressly agree that supply of the digital content begins immediately upon purchase, and you expressly waive your statutory 14-day right of withdrawal / cooling-off period once download access has been provided.

11. Disclaimer of Warranties & Limitation of Liability

Disclaimer of Warranties: EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, ALL SOFTWARE, CODE TEMPLATES, SERVICES, AND DELIVERABLES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Limitation of Financial Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOHD IRSHAD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, REVENUE DOWNTIME, LOSS OF DATA, REPUTATIONAL DAMAGE, OR THIRD-PARTY CLAIMS) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE DELIVERABLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Aggregate Liability Cap: IN NO EVENT SHALL PROVIDER’S TOTAL AGGREGATE FINANCIAL LIABILITY ARISING UNDER OR RELATED TO THIS AGREEMENT, UNDER ANY THEORY OF CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY, EXCEED THE ACTUAL MONETARY AMOUNT PAID BY THE CLIENT TO PROVIDER FOR THE SPECIFIC SERVICE, PRODUCT, OR MILESTONE IN DISPUTE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

12. Governing Law, Dispute Resolution & International Jurisdiction

We adhere to equitable, predictable international dispute standards:

• Mandatory 30-Day Informal Negotiation: Prior to initiating any formal legal or arbitral proceedings, the parties agree to first seek resolution through good-faith informal negotiations by submitting written notice of dispute to irshadalam62733@gmail.com. The parties will confer within thirty (30) calendar days to attempt mutual resolution.
• Governing Law: These Terms 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, without regard to its conflict of law principles.
• Arbitration & Jurisdiction: If unresolved via negotiation, disputes shall be submitted to the exclusive jurisdiction of the competent civil courts located in New Delhi / Uttar Pradesh, India, or resolved through mutually agreed expedited digital arbitration.
• Preservation of Mandatory Consumer Protections: Nothing in these terms excludes, restricts, or modifies any statutory rights or consumer protections that cannot be waived or limited by private contract under mandatory laws in your home country (including mandatory consumer statutory guarantees in the European Union, United Kingdom, or Australia).

13. Indemnification

You agree to defend, indemnify, and hold harmless Mohd Irshad against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney fees) arising from or relating to: (a) your breach of these Terms or the Acceptable Use Policy; (b) any materials, content, media, or trademarks supplied by you for integration into the software; or (c) your commercial exploitation or misuse of the delivered software.

14. Force Majeure

Neither party shall be liable for delay or failure to perform its contractual obligations resulting from events beyond reasonable control, including but not limited to acts of God, extreme natural disasters, pandemic disruptions, war, terrorism, civil disturbances, strikes, telecommunications grid failures, major third-party cloud hosting infrastructure outages, or government embargoes.

15. Severability, Entire Agreement & Amendments

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

These Terms, together with our Privacy Policy, Refund Policy, and any signed project Scope of Work (SOW), constitute the entire commercial agreement between the parties regarding the subject matter herein and supersede all prior communications or proposals.

16. Legal Notices & Contact Information

All formal legal notices, contract inquiries, or intellectual property verification requests should be directed to: