Terms and Conditions of Use
Effective Date: September 11, 2025
1. Introduction and Acceptance of Terms
Welcome to shivamcomputer.com (the "Site"), the official online presence and store for Shivam Computers ("Company," "we," "us," or "our"). We are located in Delhi, India, and specialize in software products, software support, IT services, and custom software development.
These Terms and Conditions ("Terms") govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site, and the purchase or use of any products (e.g., software licenses), support services, development services, or other offerings ("Offerings").
By accessing, browsing, or using this Site, or by purchasing or utilizing any of our Offerings, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (please link your Privacy Policy here), which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Site or our Offerings.
2. Definitions
- "Site" refers to the website shivamcomputer.com and all its related pages, content, and services.
- "Company," "we," "us," "our" refers to Shivam Computers, with its office located in Delhi, India.
- "User," "You," and "Your" refer to the individual or entity accessing or using the Site or our Offerings.
- "Offerings" collectively refer to all products (e.g., software, digital licenses), software support, IT services, and custom software development services provided by Shivam Computers.
- "Software Products" refer to pre-built software applications or licenses sold on the Site.
- "Services" refer to software support, IT services, and custom software development services.
3. User Accounts
To access certain features of the Site, including making a purchase or requesting services, you may be required to register for an account. When you create an account, you agree to:
- Provide accurate, current, and complete information.
- Maintain the security and confidentiality of your password and accept all risks of unauthorized access to your account.
- Promptly notify us if you discover or suspect any security breaches related to the Site or your account.
- Be solely responsible for all activities that occur under your account.
4. Offerings, Pricing, and Orders
- Offerings Descriptions: We strive to ensure that all descriptions, images, and details of our Offerings are as accurate as possible. However, we do not warrant that the descriptions are error-free, complete, reliable, current, or without error.
- Pricing: All prices are listed in Indian Rupees (INR) unless otherwise specified and are subject to change without notice. Prices do not include applicable taxes (such as GST), which will be added to your total at checkout or specified in a service agreement.
- Quotations for Services: For custom development or larger service packages, a separate, detailed quotation ("Quote") will be provided. Acceptance of the Quote will constitute a binding agreement for those specific Services, subject to these Terms.
- Orders/Service Agreements: An order confirmation or service agreement does not signify our acceptance of your order/project, nor does it constitute confirmation of our offer to sell/provide services. We reserve the right at any time after receipt of your order/request to accept, decline, or limit it for any reason, including but not limited to the unavailability of a product/resource, errors in price or description, or suspected fraud.
5. Payment and Billing
You agree to provide current, complete, and accurate purchase and account information for all purchases and services. You agree to pay all charges at the prices then in effect for your purchases and any applicable fees or taxes. You authorize us to charge your chosen payment provider for any such amounts upon placing your order or as per the agreed payment schedule for services. We may use third-party payment processors.
6. Delivery of Software Products & Services
- Software Products: Upon successful completion of your payment, digital Software Products (such as licenses, activation keys, or download links) will be delivered electronically. Delivery may occur via:
- Email to the address associated with your account.
- Direct download from the Site.
- Placement within your user account dashboard on the Site.
- You acknowledge that delivery is considered complete once the digital Product has been made available to you through any of these methods.
- Services: The delivery and completion of Services (support, development, etc.) will be governed by the specific terms outlined in your service agreement, statement of work (SOW), or as communicated directly by Shivam Computers.
7. Refund, Cancellation, and Service Termination Policy
- Software Products: Due to the digital nature of Software Products, they are generally not eligible for return or refund once delivered and activated. All sales are considered final. However, we may consider a refund on a case-by-case basis under the following circumstances:
- The Software Product is proven to be non-functional or defective.
- Accidental duplicate purchase of the same product.
- To request a refund, you must contact our support team at supportl@shivamcomputer.com within 7 to 14 days of purchase. We reserve the right to verify the claim before issuing a refund.
- Services (Support, Development, etc.):
- Cancellations: For ongoing services or development projects, cancellation terms will be specified in the individual service agreement or SOW. Generally, termination may require a notice period, and you may be liable for work completed up to the termination date.
- Refunds for Services: Refunds for services are typically not provided for work already performed. Any refund for prepaid services will be determined based on the specific service agreement and the extent of work completed, less any non-refundable costs.
- Please refer to our detailed Refund Policy page for more information.
8. Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all software, text, graphics, logos, icons, and images) are owned by Shivam Computers, its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, or republish any of our material without our express written consent.
9. Software Licenses and Service Agreements
- Software Products: Any Software Product purchased from the Site is governed by the terms of its specific End User License Agreement ("EULA"). You must agree to the EULA before you can install and use the software.
- Custom Software Development: Any custom software developed for you will be subject to a separate Software Development Agreement, which will define ownership, licensing, intellectual property rights, and maintenance terms.
- Services: All other services (support, IT services) will be governed by specific service agreements, statements of work (SOWs), or Annual Maintenance Contracts (AMCs) as applicable.
10. Client Data and Confidentiality
In the course of providing Services, you may share data or confidential information with us. We agree to:
- Maintain the confidentiality of all client data and sensitive information.
- Use such data solely for the purpose of providing the agreed-upon Services.
- Implement reasonable security measures to protect your data.
- Our obligations regarding data protection and privacy are further detailed in our Privacy Policy and any specific Non-Disclosure Agreement (NDA) signed between us.
11. Prohibited Activities
You may use the Site and our Offerings only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any way that violates any applicable Indian or international law or regulation.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, or any servers, computers, or databases connected to the Site.
- Use any robot, spider, or other automatic device to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Introduce any viruses, trojan horses, worms, or other material that is malicious or technologically harmful.
- Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site without explicit permission.
12. Disclaimer of Warranties
The Site and its content are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site.
For Software Products, warranties (if any) are limited to those expressly provided in the accompanying EULA. For Services, warranties will be as specified in the relevant service agreement or SOW.
13. Limitation of Liability
To the fullest extent permitted by law, in no event will Shivam Computers, its affiliates, or their licensors, service providers, employees, agents, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site, or any Offerings purchased or utilized through the Site, including any direct, indirect, special, incidental, consequential, or punitive damages.
Our maximum liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the specific Offering giving rise to the claim in the preceding twelve (12) months.
14. Indemnification
You agree to defend, indemnify, and hold harmless Shivam Computers, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site or Offerings, including, but not limited to, your User Contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
15. Governing Law and Jurisdiction
These Terms and your use of the Site and Offerings shall be governed by and construed in accordance with the laws of India. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the competent courts located in Delhi, India. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
17. Entire Agreement
These Terms, together with our Privacy Policy and any specific service agreements, EULAs, or SOWs, constitute the sole and entire agreement between you and Shivam Computers regarding the Site and our Offerings and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and our Offerings.
18. Changes to the Terms
We reserve the right, in our sole discretion, to revise and update these Terms from time to time. All changes are effective immediately when we post them. Your continued use of the Site or our Offerings following the posting of revised Terms means that you accept and agree to the changes.
19. Contact Information
For any questions, feedback, or concerns regarding these Terms or our Offerings, please contact us at:
Shivam Computers
A, 52, Street No. 1, Guru Nanak Pura, Laxmi Nagar, Delhi, 110092, India.
Email: info@shivamcomputer.com
Phone: 8800713151
Website: shivamcomputer.com