1. Acceptance of Terms
By accessing or using the website at hiremisterb.com ("Website") or any services provided by HireMisterB Digital Private Limited ("HMB", "we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must not access or use our Website or services.
These Terms constitute a legally binding agreement between you (the "Client" or "User") and HireMisterB Digital Private Limited, a company incorporated under the Companies Act, 2013, in India. These Terms apply to all visitors, clients, and users of our Website and services.
2. Services Provided
HireMisterB Digital Private Limited provides IT consulting, software development, digital marketing, and related technology services including but not limited to:
- Web and mobile application development
- Cloud infrastructure design, migration, and management
- Enterprise software implementation (Salesforce, SAP, Microsoft Dynamics, IFS)
- Digital marketing, SEO, PPC, and content marketing
- UI/UX design and product strategy
- Data science, AI/ML, and business intelligence solutions
- Managed IT services, cybersecurity, and technical support
- Software products including HMB Academy, HMB Care, HMB Flow, and HMB Forge
Specific service terms, project scopes, timelines, and deliverables are governed by separate Master Service Agreements (MSAs) or Statements of Work (SOWs) entered into with each client. In the event of a conflict, the MSA/SOW takes precedence over these general Terms.
3. Accounts & Access
Where our Website or platforms require account registration, you agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Keep your login credentials confidential and not share them with third parties
- Notify us immediately at legal@hiremisterb.com if you suspect unauthorised access to your account
- Accept responsibility for all activity that occurs under your account
We reserve the right to suspend or terminate accounts that we reasonably believe are being used fraudulently, unlawfully, or in violation of these Terms.
4. Intellectual Property
4.1 Our Property
All content on this Website (including text, graphics, logos, images, software code, and the HMB brand) is owned by or licensed to HireMisterB Digital Private Limited and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written consent.
4.2 Client Work Product
Upon full payment of all outstanding fees, HMB assigns to the client all intellectual property rights in custom deliverables specifically developed for that client under a project agreement, unless otherwise specified in the applicable SOW. HMB retains ownership of pre-existing IP, frameworks, tools, and general methodologies used in delivering the work.
4.3 Licence to Use Website
We grant you a limited, non-exclusive, non-transferable licence to access and use our Website for lawful purposes consistent with these Terms. This licence does not include the right to scrape, data-mine, or systematically extract content from our Website.
5. Payment Terms
Payment terms for project-based and retainer engagements are specified in the applicable SOW or proposal. General payment conditions include:
- Invoices are due within 30 days of the invoice date unless otherwise agreed in writing
- Late payments attract interest at 1.5% per month on the outstanding balance
- Project commencement is subject to receipt of agreed upfront payments or signed agreements
- All prices are exclusive of applicable taxes (GST, withholding tax, etc.) unless expressly stated otherwise
- HMB reserves the right to suspend services for non-payment after a 14-day cure period
6. Confidentiality
Each party agrees to keep confidential all non-public information received from the other party that is designated as confidential or that would reasonably be understood to be confidential given the nature of the information and circumstances of disclosure ("Confidential Information").
Confidential Information does not include information that: (a) is or becomes publicly known through no breach of this agreement; (b) was rightfully known before receipt from the disclosing party; (c) is received from a third party without restriction; or (d) is independently developed without use of the Confidential Information.
Where clients require additional non-disclosure protections, a separate Non-Disclosure Agreement (NDA) can be executed upon request.
7. Warranties & Disclaimers
HMB warrants that it will perform services in a professional and workmanlike manner using qualified personnel, and that deliverables will materially conform to the specifications set out in the applicable SOW for a warranty period of 90 days from delivery.
THE WEBSITE AND ANY CONTENT THEREON ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HMB'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE FEES PAID BY YOU TO HMB IN THE THREE (3) MONTHS PRECEDING THE CLAIM; OR (B) INR 50,000 (FIFTY THOUSAND RUPEES).
IN NO EVENT WILL HMB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, so some of the above limitations may not apply to you.
9. Indemnification
You agree to indemnify, defend, and hold harmless HMB, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your use of our Website or services in violation of these Terms
- Your violation of any applicable law or regulation
- Your infringement of any third-party intellectual property rights
- Any content or data you provide to HMB in connection with our services
10. Termination
Either party may terminate a service engagement as specified in the applicable SOW or MSA. With respect to access to our Website, we reserve the right to terminate or suspend your access immediately, without prior notice or liability, if you breach any provision of these Terms.
Upon termination of any service agreement, each party shall promptly return or destroy the other party's Confidential Information, and HMB will provide the client with any completed deliverables up to the termination date upon receipt of payment for work completed.
11. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. The courts of Mumbai, Maharashtra, India shall have exclusive jurisdiction over any disputes arising from these Terms, unless otherwise agreed in a separate written agreement.
Before initiating formal legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation for a period of 30 days. If unresolved, disputes may be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996, with proceedings conducted in English in Mumbai.
12. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our Website and updating the "Last Updated" date. Your continued use of our Website or services after changes take effect constitutes your acceptance of the revised Terms. We recommend reviewing these Terms periodically.
13. Contact
For questions regarding these Terms of Service, please contact us:
- Company: HireMisterB Digital Private Limited
- Email: legal@hiremisterb.com
- General: hiremisterb@gmail.com
- Website: www.hiremisterb.com