Terms of Use

Hibiscus Technolab will execute bespoke client engineering work only where a written order, approved statement of work (SOW), or mutual agreement has been confirmed via email. All software code, designs, and deliverables remain the intellectual property of Hibiscus Technolab until accounts are paid in full.

1. Acceptance of Terms & Account Obligations

Your access to and use of hibiscustechnolab.com and associated subdomains is subject exclusively to these Terms. You will not use the website or Services for any purpose that is unlawful, fraudulent, or prohibited by these terms or by Indian or local jurisdictions applicable to you.

To access and use certain Services or portals, you agree to provide true, accurate, current, and complete information during and after registration. You are solely responsible for maintaining account confidentiality and for all acts done through the use of your registered account or access credentials.

2. Service Delivery & Contractual Engagements

• Written Engagement: Hibiscus Technolab executes custom design, software engineering, and retainer services upon receipt of a written purchase order, approved proposal, or electronic agreement.
• Binding Contract: You understand that upon initiating a transaction or ordering Services, you are entering into a legally binding and enforceable contract with us.
• Refund Claims: You shall be entitled to claim a refund in the event we are unable to provide the agreed Service, strictly subject to the timelines and criteria specified in our Refund & Returns Policy. Failure to raise a claim within the stipulated window forfeits refund eligibility.

3. Website Design & Custom Software Development

Though every effort is made to ensure that all web applications, custom scripts, APIs, and deliverables are bug-free, robust, and compliant with modern standards, Hibiscus Technolab cannot accept responsibility for incidental losses incurred due to malfunction of third-party software, upstream hosting, or browser deprecations.

• Retention of Title: Web server configurations, graphic assets, database schemas, and proprietary source code remain the property of Hibiscus Technolab until all outstanding invoices and agreed milestone accounts are paid in full.
• Client Content Responsibility: Hibiscus Technolab cannot accept liability for any copyright, trademark, or licensing infringements caused by text, graphics, trademarks, or materials submitted by the client.
• Third-Party Consequential Loss: Hibiscus Technolab will not be liable for compensation or loss of earnings resulting from work carried out on behalf of the client or any appointed third-party agents.

4. Database, Application & E-Commerce Development

While stringent code audits and automated unit tests are standard in our workflow, the ultimate responsibility lies with the client in ensuring that all software functions correctly in user acceptance testing (UAT) before production launch.

Where applications or sites are deployed on infrastructure not directly provisioned by Hibiscus Technolab, the client is expected to provide suitable access, server co-operation, and staging environments identical to production. Where bugs or edge-case functional issues are discovered post-launch within agreed warranty periods, Hibiscus Technolab will endeavor to rectify them in alignment with project specifications.

5. Website Hosting, Infrastructure & VPS Management

While Hibiscus Technolab offers managed hosting, VPS optimization, and cloud migration services, no absolute guarantee can be made regarding 100% uninterrupted uptime due to factors beyond reasonable control (upstream network routing, global data center outages, fiber cuts, or DDoS attacks).

Hibiscus Technolab reserves the right to refuse to host or deploy material deemed offensive, illegal, defamatory, or in breach of statutory laws. Fees relating to managed hosting or domain names must be paid prior to their renewal/expiration date. If fees remain unpaid at expiration, services may be suspended or cancelled, and we are not liable for data loss arising therefrom.

6. Intellectual Property & Copyright

All copyright, trademarks, design rights, software code, and intellectual property in our website, brand assets, proprietary plugins (including LeadsFlow, Moversdock, WP BNB Calendar, etc.), and frameworks are owned by or licensed to Hibiscus Technolab.

You agree not to decompile, reverse-engineer, redistribute, resell, or exploit any proprietary software, frameworks, or design components without our prior explicit written consent, except where code is granted under standard open-source or commercial customer licenses upon full payment.

7. Limitation of Liability & Disclaimers

Our website and Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied. To the maximum extent permitted by law, Hibiscus Technolab expressly excludes liability for any direct, indirect, incidental, special, or consequential damages (including loss of business, data, profits, revenue, or goodwill) arising out of or in connection with the use of our website or engineered solutions.

8. Invoicing, Payments & Settlement Terms

• Upfront Deposits: An agreed advance deposit is required before engineering or sprint kickoff for custom development projects.
• Invoice Due Dates: Unless otherwise stipulated in an approved Statement of Work, all invoices for work rendered must be settled in full no later than fifteen (15) calendar days from the invoice date.
• Service Suspension: If accounts remain unsettled without prior written extension, access to development staging servers, code repositories, or hosted platforms may be restricted until balances are resolved.

9. Force Majeure & Severance

Neither party shall be liable for failure or delay in performing contractual obligations if prevented or delayed by events beyond reasonable control, including natural disasters, telecommunications outages, pandemics, governmental regulations, or war.

If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

10. Governing Law & Exclusive Dispute Jurisdiction

These Terms, transactions, and any dispute or claim arising out of or related to them shall be governed by and construed in accordance with the substantive laws of India. All disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Indore, Madhya Pradesh, India.