Terms &
Conditions

WHEREAS, the Client owns and/or operates the Website(s) described in Schedule A and requires ongoing maintenance, support, and management services;

WHEREAS, Six30Labs possesses expertise in website maintenance, hosting management, security, and digital infrastructure across a broad range of technologies including but not limited to WordPress, Joomla, Drupal, Shopify, Magento, custom-built applications (PHP, Node.js, Python, .NET, Java, React, Angular, Vue), mobile-responsive websites, progressive web apps, headless CMS architectures, and associated hosting infrastructure;

WHEREAS, the Client desires to engage Six30Labs to provide ongoing maintenance and support services for the Website(s) under the terms set out herein;

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties agree to be bound by these Terms & Conditions.

These Terms apply to all AMC Plans offered by Six30Labs (Essential, Starter, Growth, and Enterprise) and to any add-on services or Change Orders executed under those Plans.

This Agreement covers only the Services expressly listed in Section 4 as “In-Scope” for the Client’s selected Plan tier. Six30Labs is under no obligation to perform any work beyond the defined scope without an approved Change Order executed in accordance with Section 7.

Six30Labs shall not be liable and the AMC shall not cover remediation of issues arising from:

1. Modifications to the Website made by the Client or any third party without Six30Labs’ prior written consent;
2. Installation of plugins, themes, scripts, or code not approved by Six30Labs;
3. Failure by the Client to maintain secure credentials or enable recommended security measures;
4. Client-authorised third-party access to the hosting environment;
5. Actions taken by the Client that directly cause website outage or data corruption.

Such remediation, if requested, will be scoped and billed as a Change Order at 1.5× the standard rate.

Where the Client’s website is hosted on infrastructure not directly managed by Six30Labs (e.g. the Client’s own AWS, GCP, or shared hosting account), Six30Labs’ obligations are limited to configuration-level support and do not extend to infrastructure-level failures, capacity constraints, or third-party provider outages. Six30Labs shall not be held liable for downtime arising from such third-party provider failures.

Six30Labs shall not be responsible for security incidents caused by:

1. Zero-day vulnerabilities for which no publicly available patch existed at the time of the incident;
2. Social engineering attacks targeting the Client’s personnel;
3. Client’s failure to enable Multi-Factor Authentication (MFA) after recommendation by Six30Labs;
4. Breaches originating from systems outside Six30Labs’ management or control.

The annual AMC fee includes a fixed allocation of maintenance and support hours per the selected Plan tier: Essential: 4 hours per annum (single annual pool); Starter: 2 hours per calendar month; Growth: 4 hours per calendar month; Enterprise: 8 hours per calendar month.

Hours are allocated at the start of each calendar month (or at the start of the contract year for the Essential pool) and are consumed in minimum 15-minute increments per task.

Unused Fair Use Hours do not accumulate, roll over, or carry forward to subsequent months or contract years. Any hours not consumed by the end of the applicable period are forfeited. No credit, refund, or compensation will be provided for unused hours.

Hours consumed beyond the monthly allocation will be billed as overage at the agreed standard hourly rate plus applicable taxes, invoiced quarterly in arrears. Six30Labs will notify the Client when 80% of the monthly allocation has been consumed. Overage work may proceed unless the Client instructs Six30Labs in writing to pause all work.

If a Client consistently exceeds the Fair Use allocation for three (3) or more consecutive months, Six30Labs reserves the right to propose a plan upgrade at the next billing cycle.

Six30Labs will provide the Client with a monthly utilisation report showing hours consumed, balance remaining, and a task-level breakdown of activities performed within the period. The report constitutes Six30Labs’ authoritative record of hours consumed and shall prevail in any dispute over usage.

Any request for work outside the Scope of Services must be submitted as a formal Change Request to the designated Six30Labs Project Manager via email. Six30Labs will evaluate the request within 3 Business Days and issue a Change Order specifying scope, effort, cost, timeline impact, and dependencies.

No out-of-scope work shall commence until the Change Order is approved in writing by an authorised representative of the Client. Email acceptance constitutes valid written approval.

If the Client verbally or via informal communication requests urgent commencement of out-of-scope work prior to formal Change Order approval, and Six30Labs commences such work in good faith, the work shall be billable at 1.5× the standard hourly rate. Commencement of work by Six30Labs at the Client’s request shall be deemed acceptance of the Change Order and the associated charges.

Once approved, a Change Order forms an integral part of this Agreement and is governed by all terms herein, including intellectual property, payment, and liability provisions. Change Order work is invoiced separately from the AMC fee.

Six30Labs targets 99.5% monthly uptime for managed websites, excluding Scheduled Maintenance windows and events outside Six30Labs’ direct control as listed in the SLA exclusions below.

The following do not constitute SLA breaches and are excluded from uptime and response time calculations:

1. Pre-notified Scheduled Maintenance windows (minimum 48 hours’ notice);
2. Downtime caused by the Client’s hosting provider, DNS registrar, or third-party services not managed by Six30Labs;
3. Downtime arising from Client-initiated changes, Client-installed code, or unauthorised third-party access;
4. Force Majeure Events;
5. DDoS attacks where Six30Labs has implemented commercially reasonable mitigation;
6. Downtime caused by the Client’s failure to approve or fund recommended infrastructure upgrades;
7. Issues arising from exceeding hosting resource limits (traffic spikes, storage exhaustion);
8. Any period during which Services are suspended due to the Client’s non-payment.

Where uptime falls below 99.5% in any calendar month (excluding SLA exclusion periods), and the Client submits a written credit request within 15 days of month-end with supporting evidence, Six30Labs may apply a service credit of up to 10% of the monthly AMC fee against the next invoice. Service credits are the Client’s sole and exclusive remedy for uptime failures and are not redeemable as cash.

Six30Labs’ own monitoring data shall be authoritative in all credit assessments.

Standard Support Hours are Monday to Friday, 10:00 AM to 7:00 PM IST, excluding public holidays observed at Six30Labs’ Bengaluru office. Six30Labs shall provide the Client with its annual holiday calendar at the commencement of each contract year.

P1 Critical issues reported outside Standard Support Hours will be attended to on a best-effort basis for Starter and Growth plans. Emergency support is billed at 1.5× the standard hourly rate with a minimum charge of 1 hour, applicable to Starter and Growth plans unless the 24×7 On-Call Support add-on is active.

Enterprise plan clients receive best-effort extended coverage included in the base plan. Guaranteed after-hours response requires the 24×7 On-Call Support add-on.

The annual AMC fee is payable 100% in advance at the commencement of the contract year. No instalment arrangements are available unless separately agreed in writing by a director-level representative of Six30Labs.

All invoices are due within 15 days from the date of the invoice. Invoices not settled by the due date shall be subject to the late payment provisions in Section 12.

Upon annual renewal, the AMC fee is subject to a 10% increment over the preceding year’s fee unless otherwise negotiated in writing at least 30 days prior to the renewal date. Six30Labs reserves the right to apply a higher increment based on material changes in infrastructure costs, with 45 days’ prior written notice.

All AMC fees, advance hosting charges, and domain management fees are non-refundable once paid, regardless of early termination, non-utilisation of services, or any other reason. Unused Fair Use Hours carry no monetary value and will not be refunded.

Payments are accepted via NEFT/RTGS/Wire transfer (details on invoice), Razorpay payment gateway (credit card, debit card, UPI, net banking, wallets), and bank transfer. Payment gateway surcharges, if any, are borne by the Client.

All fees quoted are exclusive of Goods & Services Tax (GST) and any other applicable taxes. GST will be charged at the prevailing rate (currently 18%) and will be separately itemised on all invoices. The Client is responsible for all taxes applicable to the Services, including any withholding taxes applicable in the Client’s jurisdiction.

If the Client disputes any portion of an invoice, the Client must notify Six30Labs in writing within 7 days of the invoice date, specifying the disputed items and reasons in detail. Failure to dispute within this window constitutes acceptance of the invoice in full. Undisputed portions of any invoice remain payable by the original due date regardless of any ongoing dispute on other line items.

Third-party costs incurred on the Client’s behalf (domain renewals, plugin licences, hosting upgrades, SSL certificates, CDN charges) will be invoiced as pass-through costs at actual cost plus a 12% administration fee. Six30Labs will seek pre-approval for any single pass-through expense exceeding Rs. 5,000.

Overdue invoices shall attract a late payment charge of 2% per month (compounding) on the outstanding balance, calculated from the due date until the date of full payment. This rate applies regardless of when Six30Labs first notifies the Client of the overdue amount.

If any invoice remains unpaid for more than 30 days past the due date, Six30Labs may, at its sole discretion, suspend all non-critical Services upon 7 days’ written notice. If any invoice remains unpaid for more than 45 days, Six30Labs may suspend all Services including hosting and email management.

Six30Labs shall not be liable for any loss, damage, downtime, or data loss resulting from such suspension. Services will resume within 2 Business Days of receipt of all outstanding payments including accrued late fees.

In the event Six30Labs is required to engage legal counsel, a debt collection agency, or initiate legal proceedings to recover outstanding amounts, all reasonable costs and fees incurred in such recovery efforts shall be borne by the Client and added to the outstanding balance.

Upon completion of any Deliverable, Six30Labs will notify the Client in writing. The Client has 5 Business Days from the notification date to review and either: (a) accept the Deliverable in writing; or (b) provide a detailed written list of material deficiencies referencing agreed requirements.

If the Client fails to respond within the 5 Business Day review period, the Deliverable shall be deemed accepted. Deployment or use of any Deliverable in a production environment shall also constitute acceptance, irrespective of whether the formal review period has expired.

If valid deficiencies are reported, Six30Labs will address them within a reasonable timeframe. The Client then has a further 3 Business Days to re-review. If no response is received, the corrected Deliverable shall be deemed accepted. Acceptance triggers the corresponding payment obligation.

RPO and RTO values are commercially reasonable targets and not contractual guarantees. Actual recovery times depend on incident severity, data volume, hosting provider performance, and factors outside Six30Labs’ reasonable control. Six30Labs shall not be liable for failure to meet RPO/RTO targets where commercially reasonable efforts were made.

The Client is strongly recommended to maintain independent backups of all business-critical data. Six30Labs’ backup service is provided as an additional safety net and does not replace the Client’s own data management obligations. Six30Labs shall not be liable for any data loss where commercially reasonable backup procedures were in place and followed.

Website security is a shared responsibility between Six30Labs and the Client. Each party’s obligations are as follows:

Six30Labs is responsible for: Applying security patches and updates; configuring and maintaining server-level firewalls and WAF rules; performing regular malware scans; managing SSL certificates; maintaining an encrypted credential vault; providing security incident response within SLA timelines.

The Client is responsible for: Maintaining strong, unique admin passwords updated at least quarterly; not installing code without prior notice to Six30Labs; safeguarding credentials; promptly notifying Six30Labs of suspected breaches; enabling MFA on all admin accounts; securing Client-side devices used to access admin panels; not granting third-party access without Six30Labs’ prior written consent.

Six30Labs maintains an encrypted credential vault for all Client credentials, accessible only to authorised personnel assigned to the Client account. Six30Labs will rotate internal access credentials upon any personnel change affecting the Client’s account. All Client credentials are treated as Confidential Information.

Six30Labs shall not be liable for security breaches, data loss, or downtime arising from: (i) the Client’s failure to maintain secure credentials; (ii) Client-authorised third-party access; (iii) Client-installed or Client-modified code; (iv) the Client’s failure to implement recommended security measures within a reasonable time of recommendation.

Where Six30Labs manages hosting on the Client’s behalf, this includes server monitoring, patching, and coordination with hosting providers. It does not include procurement of new infrastructure, server upgrades, or migration to new hosting environments unless separately quoted via a Change Order.

Where the Client manages its own hosting account (e.g. direct relationship with AWS, GCP, DigitalOcean), Six30Labs’ role is configuration advisory only. Six30Labs cannot be responsible for hosting provider failures, account suspensions, or billing issues arising from the Client’s direct relationship with the provider.

All content, trademarks, brand assets, databases, and data provided by the Client remain the exclusive property of the Client. The Client grants Six30Labs a non-exclusive, revocable, royalty-free licence to use Client IP solely for the purpose of performing the Services during the term of this Agreement.

All pre-existing tools, libraries, frameworks, methodologies, scripts, templates, and proprietary code owned by or licensed to Six30Labs prior to or independently of this Agreement (“Six30Labs IP”) remain the exclusive property of Six30Labs. No provision of this Agreement transfers or assigns any ownership of Six30Labs IP to the Client.

The Client is granted a non-exclusive, non-transferable, perpetual licence to use Six30Labs IP solely as embedded within or necessary for the operation of the Client’s Website, subject to continued payment of all amounts due under this Agreement.

Custom code, designs, and configurations developed specifically and exclusively for the Client’s Website under this Agreement (“Custom Deliverables”) shall be assigned to the Client only upon full payment of all associated invoices. Until full payment is received, Six30Labs retains a lien over all Custom Deliverables and is under no obligation to release source code, grant repository access, or transfer any rights.

Six30Labs may reference the Client by name, logo, and general project description in its portfolio, website, case studies, and marketing materials, unless the Client explicitly opts out in writing within 30 days of the Effective Date. Opt-out requests received after this window will be honoured on a best-efforts basis for future marketing but cannot require removal of existing published materials.

Both parties agree to maintain strict confidentiality of all Confidential Information disclosed by the other party during the term and for a period of 3 years following termination. Confidential Information shall not be disclosed to any third party without the disclosing party’s prior written consent.

Disclosure is permitted: (a) to employees, contractors, or advisors on a strict need-to-know basis, bound by equivalent confidentiality obligations; or (b) as required by law, court order, or regulatory authority, provided the receiving party gives prompt written notice where legally permissible. Six30Labs may sub-contract portions of the Services to vetted third-party providers bound by equivalent obligations.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available without breach; (b) was already known to the receiving party prior to disclosure; (c) is independently developed without reference to the disclosing party’s information; or (d) is disclosed by a third party without restriction.

Both parties shall comply with applicable data protection laws including the Information Technology Act, 2000 (India), the Digital Personal Data Protection Act, 2023 (India), and any equivalent regulations applicable in the Client’s jurisdiction (e.g. GDPR where the Client serves EU data subjects).

The Client is the data controller for all personal data stored on or processed through the Website. Six30Labs acts solely as a data processor to the extent necessary to perform the Services, and shall process Client data only for that purpose. Six30Labs shall not use Client data for any other purpose without explicit consent.

In the event Six30Labs becomes aware of a confirmed or reasonably suspected security breach affecting Client data within its infrastructure, Six30Labs shall notify the Client in writing within 72 hours of discovery, including: nature and scope of the breach; data potentially affected; remedial actions taken or proposed; and a designated point of contact.

Six30Labs’ obligation is limited to notification and commercially reasonable remediation within its own infrastructure. The Client is solely responsible for all regulatory notifications, user communications, and legal filings required under applicable data protection laws.

Upon termination, Six30Labs shall, at the Client’s written election, return or securely destroy all Client data within 30 days following the end of the transition period, except where retention is required by law. After this period, Six30Labs has no obligation to retain Client data and may permanently delete it without further notice.

In no event shall Six30Labs be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits; loss of revenue; loss of data; loss of business opportunity; business interruption; cost of procurement of substitute services; or loss of goodwill, even if Six30Labs has been advised of the possibility of such damages and regardless of the theory of liability.

The total aggregate liability of Six30Labs for all claims arising out of or in connection with this Agreement shall not exceed the total fees actually paid by the Client in the 6-month period immediately preceding the event giving rise to the claim, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

The Client acknowledges that the AMC service charges reflect the allocation of risk set forth in this Agreement, and that Six30Labs would not enter into this Agreement without these limitations. These limitations apply regardless of whether any limited remedy fails of its essential purpose.

The Client shall indemnify, defend, and hold harmless Six30Labs and its officers, directors, employees, and contractors from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (i) the Client’s breach of these Terms; (ii) the Client’s negligence or wilful misconduct; (iii) third-party claims relating to content published on the Website by or on behalf of the Client; (iv) the Client’s violations of any applicable law or third-party rights.

This Agreement is effective for 12 months from the Effective Date unless terminated earlier. It may be renewed for successive 12-month terms upon mutual written agreement at least 30 days prior to expiry.

If the Client continues to utilise Services after the expiry date without a formal renewal agreement, the Agreement shall be deemed to continue on a month-to-month basis at the then-prevailing rates (including any applicable renewal increment), terminable by either party with 15 days’ written notice.

Either party may terminate this Agreement with 30 days’ written notice. Upon termination for convenience, the Client shall pay for all Services rendered up to the effective date of termination, plus all non-cancellable commitments (e.g. annual domain/hosting charges already incurred). No refund will be issued for any prepaid AMC fees.

Either party may terminate immediately upon written notice if the other party: (a) commits a material breach and fails to cure it within 15 days of written notice specifying the breach; or (b) becomes insolvent, enters liquidation, is the subject of bankruptcy proceedings, or ceases to carry on business.

Six30Labs may terminate this Agreement immediately upon written notice if any invoice remains unpaid for more than 45 days past its due date, without any further cure period being required.

The following provisions survive termination of this Agreement: Sections 1 (Definitions), 11 (Taxes), 13 (Acceptance), 17 (IP), 18 (Confidentiality), 19 (Data Protection), 20 (Liability), 22 (Exit), 23 (Non-Solicitation), and 25 (Governing Law).

Upon termination or expiry, Six30Labs shall, if requested in writing, provide up to 30 days of transition assistance including: handover of all credentials and access keys; transfer of source code repository; export and delivery of current database and file backups; DNS and domain transfer assistance; and up to 8 hours of knowledge transfer sessions at no additional charge. Additional transition support shall be billed at the prevailing hourly rate.

All transition assistance is strictly conditional on the Client having settled all outstanding invoices, including final-month charges, accrued late fees, and any Change Order balances. Six30Labs reserves the right to withhold all credentials, source code, database exports, and infrastructure access until the Client’s account is fully settled.

Six30Labs shall retain Client data and backups for 30 days following the end of the Transition Period. After this period, all Client data in Six30Labs’ possession shall be permanently deleted without further notice. The Client is solely responsible for ensuring all necessary data is obtained before expiry of this retention window.

During the term of this Agreement and for a period of one (1) year following termination (for any reason), the Client shall not directly or indirectly: hire, engage, solicit, or encourage any employee, contractor, or sub-contractor of Six30Labs who was involved in providing Services under this Agreement, without Six30Labs’ prior written consent.

A breach of this clause shall entitle Six30Labs to liquidated damages equal to 6 months’ gross compensation (salary, contractor fees, and benefits) of the solicited or hired individual, payable within 30 days of Six30Labs’ written demand. The parties acknowledge this to be a genuine pre-estimate of loss.

Neither party shall be liable for any failure or delay in performance directly and primarily caused by a Force Majeure Event. The affected party shall notify the other in writing within 5 Business Days of the event’s occurrence and shall use commercially reasonable efforts to mitigate its impact and resume performance as soon as practicable.

If a Force Majeure Event continues for more than 60 consecutive days, either party may terminate this Agreement upon written notice without further liability, except that: (a) the Client shall pay for all Services performed up to the event date; and (b) Six30Labs shall return any prepaid fees for Services not yet rendered beyond the event date, less any non-recoverable costs already incurred.

This Agreement shall be governed by and construed in accordance with the laws of India. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Before initiating formal proceedings, the parties shall attempt to resolve any dispute through good-faith negotiation between senior management for a period of 30 days from the date of written notice of the dispute.

If unresolved through negotiation, disputes shall be referred to binding arbitration in Bengaluru, India, under the Arbitration and Conciliation Act, 1996, before a sole arbitrator mutually agreed upon. If the parties cannot agree on an arbitrator within 10 days, the arbitrator shall be appointed by the Bangalore International Mediation, Arbitration and Conciliation Centre (BIMACC). The language of arbitration shall be English. The arbitral award shall be final and binding.

For any matters not subject to arbitration (including interim relief, enforcement of arbitral awards), the courts of Bengaluru, Karnataka, India shall have exclusive jurisdiction. The Client irrevocably submits to the personal jurisdiction of such courts and waives any objection to venue.

This Agreement (including all schedules, Change Orders, and these Terms & Conditions) constitutes the entire agreement between the parties and supersedes all prior proposals, negotiations, representations, and agreements, whether written or oral, relating to its subject matter.

No amendment or modification of these Terms shall be effective unless in writing and signed by authorised representatives of both parties. Six30Labs reserves the right to update these Terms annually upon renewal; updated Terms will be provided with the renewal invoice and deemed accepted if the Client proceeds with renewal.

The Client may not assign, transfer, or sub-licence this Agreement or any rights hereunder without Six30Labs’ prior written consent. Six30Labs may freely assign this Agreement to any affiliate, successor entity, or acquirer upon written notice to the Client. Any unauthorised assignment by the Client is void.

If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

No failure or delay by Six30Labs in exercising any right or remedy shall constitute a waiver of that right or remedy. A waiver in one instance shall not constitute a waiver in subsequent instances.

All formal notices under this Agreement shall be in writing and delivered by email with read-receipt/delivery confirmation or by registered mail to the addresses specified in Schedule A. Notices are effective upon confirmed delivery. Notices to Six30Labs: info@six30labs.io | Bhive Platinum, Indiranagar, Bengaluru – 560038.

Six30Labs is an independent contractor. Nothing in this Agreement creates or shall be construed as creating an employment relationship, partnership, joint venture, agency, or franchise between the parties.

This Agreement is entered into for the sole benefit of the parties and their permitted successors and assigns. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies upon any third party.

This Agreement may be executed in counterparts, including by electronic signature (DocuSign or equivalent), each of which shall be deemed an original and together shall constitute a single instrument. Electronic signatures shall be given the same legal effect as wet-ink signatures under the Information Technology Act, 2000.

This Agreement is in the English language. If translated into any other language, the English version shall prevail in the event of any inconsistency or dispute.