Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client”, “you”, or “your”) and ITSolute Systems(“ITSolute”, “we”, “our”, or “us”), a company operating at Parthas Lane, Kottayam, Kerala – 686001, India. By accessing our website at itsolute.com or engaging us for any IT services, you agree to be bound by these Terms.

1. About ITSolute Systems

ITSolute Systems provides information technology services to businesses in Kerala, India. Our services include computer hardware supply, software licensing, laptop repair and maintenance, office networking, IT automation consulting, annual maintenance contracts (AMC), and related professional services.

We also provide technology implementation services that may use third-party platforms including Meta (WhatsApp Business API, Facebook, Instagram), Google Workspace, Microsoft 365, and Zoho. Where our services involve these platforms, the respective platform’s terms of service apply in addition to these Terms.

2. Acceptance of Terms

By using our website, submitting an enquiry, signing a service agreement, or accepting a quote from us, you confirm that:

• You are at least 18 years of age
• You have the legal authority to enter into contracts on behalf of the business you represent
• You have read and agree to these Terms and our Privacy Policy
• Where our services involve third-party platforms (Meta, Google, Microsoft, Zoho), you also agree to comply with those platforms’ policies

3. Services

3.1 Scope of services

The specific services we provide, their deliverables, timelines, and pricing are defined in the written quote, proposal, or service agreement issued to you before work begins. These Terms apply to all such engagements. In case of conflict between a signed service agreement and these Terms, the signed agreement takes precedence.

3.2 Annual Maintenance Contracts (AMC)

AMC agreements are governed by the specific contract signed between ITSolute Systems and the client. AMC services typically cover hardware support, software troubleshooting, network maintenance, and remote assistance as specified in the contract. Response time SLAs, coverage scope, and escalation procedures are set out in the individual AMC agreement.

3.3 Third-party platform services

Where we implement, configure, or manage services on third-party platforms on your behalf (including Meta WhatsApp Business API, Facebook Pages, Instagram Business, Google Workspace, Microsoft 365, or Zoho), the following applies:

• You remain the owner and operator of all third-party accounts, even where ITSolute has administrative access to implement services
• You are responsible for ensuring your use of those platforms complies with their respective terms, including Meta’s Platform Terms and Developer Policies
• ITSolute acts as a technology service provider and does not operate as a data controller for data held within these third-party platforms
• We do not guarantee uninterrupted availability of third-party platforms; outages or policy changes by those platforms are outside our control

3.4 WhatsApp Business API services

Where ITSolute implements WhatsApp Business API solutions for clients, this is done through authorised Meta Business Solution Providers (BSPs). As a technology implementer:

• Your business must hold a verified Meta Business Account in good standing to use WhatsApp Business API
• All WhatsApp communications sent through systems we implement must comply with Meta’s WhatsApp Business Policy
• You are solely responsible for the content of messages sent through WhatsApp Business API integrations we build for you
• You must not use these integrations to send spam, unsolicited marketing, or content that violates applicable Indian law or Meta’s policies
• Message templates must be pre-approved by Meta; ITSolute can assist with submission but cannot guarantee approval

4. Client Obligations

You agree to:

• Provide accurate and complete information when engaging our services, including details about your existing IT infrastructure, business requirements, and any relevant regulatory obligations
• Maintain valid licences for all software you use, including software we supply or configure on your behalf
• Ensure your employees comply with acceptable use policies for systems we manage under an AMC or other agreement
• Pay invoices within the agreed payment terms (typically net 15 days from invoice date unless otherwise specified in your agreement)
• Notify us promptly of any security incidents, suspected breaches, or significant changes to your IT environment that may affect the services we provide
• Obtain any necessary consents before sharing third-party personal data with us for the purpose of delivering our services

5. Prohibited Uses

You must not use our website, services, or any systems we build or manage for you to:

• Violate any applicable Indian law, regulation, or court order — including the Information Technology Act 2000, IT (Amendment) Act 2008, and the Digital Personal Data Protection Act 2023
• Send spam, phishing communications, or unsolicited bulk messages through any channel, including WhatsApp, email, or SMS integrations we implement
• Infringe the intellectual property, privacy, or other rights of any third party
• Distribute malware, ransomware, or any harmful code
• Circumvent, disable, or interfere with security features of any software, system, or network
• Engage in any activity that violates Meta’s Platform Terms, WhatsApp Business Policy, Google’s Acceptable Use Policy, or Microsoft’s product terms
• Misrepresent your identity or your business’s nature to us, to third-party platforms, or to end users of systems we build
• Use our services to facilitate illegal activity of any kind

Violation of these prohibitions may result in immediate termination of services without refund, and we reserve the right to report prohibited activity to the relevant platform, authority, or law enforcement agency.

6. Intellectual Property

6.1 Our content

All content on this website — text, graphics, code, logos, and design — is the property of ITSolute Systems or our licensors. You may not copy, reproduce, or distribute it without our written permission.

6.2 Deliverables

Custom deliverables created specifically for you under a paid engagement (such as automation workflows, custom reports, or configured systems) become your property upon full payment, unless the engagement agreement specifies otherwise.

6.3 Our tools and methods

Our internal tools, processes, templates, and methodologies remain the property ofITSolute Systems and are licensed to you for use only within the scope of the relevant engagement. This includes any code libraries, scripts, or configuration frameworks we develop as part of our standard service delivery.

6.4 Third-party software

Software licences supplied by ITSolute (Microsoft 365, Zoho, Google Workspace, Tally, etc.) remain subject to the respective vendor’s licence terms. ITSolute acts as a reseller or implementation partner; the software itself is not our intellectual property.

7. Payment Terms

• All prices are in Indian Rupees (INR) and are exclusive of GST unless stated otherwise
• Hardware and software orders require payment before delivery or activation unless a credit arrangement is in place
• AMC contracts are billed monthly or annually as specified in the contract; advance payment may be required
• Project-based engagements follow a milestone payment schedule as agreed in the written proposal
• Overdue invoices may attract interest at 18% per annum from the due date
• We reserve the right to suspend services for accounts more than 30 days overdue

8. Limitation of Liability

To the fullest extent permitted by applicable law:

• ITSolute’s total liability to you for any claim arising from our services shall not exceed the total fees paid by you to us in the three months preceding the event giving rise to the claim
• We are not liable for indirect, consequential, incidental, or special damages, including loss of profits, loss of data, or business interruption, even if we have been advised of the possibility of such damages
• We are not liable for failures, outages, or policy changes by third-party platforms (Meta, Google, Microsoft, Zoho, Vercel, or any other provider)
• We are not liable for data loss resulting from hardware failure, ransomware, or other events outside our direct control; clients are responsible for maintaining their own backups unless a backup service is explicitly included in a signed AMC or agreement

Nothing in these Terms limits our liability for fraud, death, or personal injury caused by our negligence, or any other liability that cannot be excluded under Indian law.

9. Warranty and Service Standards

We will deliver our services with reasonable skill and care. Hardware supplied by us carries the manufacturer’s warranty; we will assist you in making warranty claims but are not ourselves the warranty provider. Refurbished hardware carries a separate warranty period as specified at the time of sale.

We do not warrant that our services will be uninterrupted or error-free. Where we commit to specific service levels (e.g. response times under an AMC), those are set out in the signed contract.

10. Confidentiality

Each party agrees to keep the other’s confidential information — including business data, credentials, pricing, and technical documentation — strictly confidential and to use it only for the purpose of delivering or receiving the agreed services. This obligation survives termination of the engagement for a period of three years.

ITSolute may mention your business name as a client reference (e.g. in case studies or proposals) only with your prior written consent.

11. Data Protection

Our use of personal data is governed by our Privacy Policy, which forms part of these Terms. Where we process personal data on your behalf as a data processor (for example, processing customer data in an automation system we build for you), we will:

• Process data only on your documented instructions and for the purpose of delivering the agreed services
• Implement appropriate technical and organisational security measures
• Not transfer your customers’ personal data to unauthorised sub-processors
• Assist you in responding to data subject requests where the data is within our control
• Comply with the Digital Personal Data Protection Act 2023 (DPDPA) as it applies to our activities

12. Termination

Either party may terminate a service engagement by providing written notice as specified in the relevant service agreement. In the absence of a specific agreement:

• Monthly AMC contracts may be terminated with 30 days’ written notice
• Annual AMC contracts may be terminated at the end of the annual term with 30 days’ notice; early termination may incur a pro-rated cancellation fee as specified in the contract
• ITSolute may terminate services immediately, without notice or refund, in cases of prohibited use, non-payment beyond 30 days, or breach of these Terms

On termination, we will provide reasonable assistance to transfer data and configurations back to you or a new provider, subject to any outstanding payment obligations being settled.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of India. Any dispute arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Kottayam, Kerala.

Before initiating formal proceedings, both parties agree to attempt resolution through good-faith negotiation. If unresolved within 30 days, disputes may be referred to arbitration under the Arbitration and Conciliation Act 1996, with a sole arbitrator appointed by mutual agreement, seated in Kottayam.

14. Changes to These Terms

We may update these Terms to reflect changes in our services, applicable law, or the policies of platforms we work with (including Meta, Google, and Microsoft). We will update the effective date at the top of this page. For material changes, we will notify active clients by email at least 14 days before the change takes effect. Continued use of our services after that date constitutes acceptance.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.

16. Entire Agreement

These Terms, together with our Privacy Policy and any signed service agreement or proposal, constitute the entire agreement between you and ITSolute Systems regarding the subject matter herein, and supersede all prior discussions, representations, or agreements. No variation to these Terms is effective unless made in writing and signed by an authorised representative of ITSolute Systems.

17. Contact

For questions about these Terms, to report a violation, or to exercise any rights described here, contact us:

• Email: hello@itsolute.com
• Phone / WhatsApp: +91 85475 33005
• Address: Parthas Lane, Kottayam, Kerala – 686001, India