TERMS OF USE & ACCEPTABLE USE POLICY

Effective Date: 01.01.2026

Company Name: Total Engineering Solution

Website: www.tessoftware.in

1. Introduction

This Terms of Use and Acceptable Use Policy (“Terms”) governs the use of all services provided by Total Engineering Solution, including but not limited to software development, game development, website development, mobile application development, IT consulting, domain registration, web hosting, cloud services, and related IT services (“Services”).

By availing any Services from us, the client/user (“Client”, “User”) confirms that they have read, understood, and agreed to be legally bound by these Terms. Acceptance of these Terms is mandatory for activation or continuation of any Services.

2. Scope of Services

We provide technical services only. Our role is limited to development, deployment, hosting, maintenance, and domain-related technical support as per client requirements.

We do not control, monitor, verify, or endorse the content, business model, transactions, or end-user activities conducted through client-owned websites, applications, or systems.

3. Client Responsibility & Lawful Use

The Client is solely responsible for:

  • The nature, purpose, and legality of their website, application, software, or platform
  • All content, data, communications, user interactions, and transactions conducted through their systems
  • Compliance with all applicable Indian laws, rules, regulations, and government guidelines, including but not limited to the Information Technology Act, 2000, RBI regulations, and applicable state and central laws

The Client agrees not to use our Services for any unlawful, prohibited, or unethical activities.

4. Gambling, Betting & Online Money-Based Games

The Client explicitly acknowledges that:

  • Online gambling, betting, wagering, lottery, and money-based games are regulated and/or prohibited under various Indian laws and state-specific regulations
  • If the Client’s website or application involves real-money gaming, betting, gambling, or online transactions linked to games, the entire legal responsibility lies solely with the Client

Total Engineering Solution shall not be liable, directly or indirectly, for legal consequences, penalties, fines, or financial losses arising from such activities.

5. No Liability for Client Usage

We shall not be responsible or liable for how the Client uses the website or any illegal, misleading, or fraudulent activity conducted. All liabilities arising from usage rest entirely with the Client.

7. Payments, Invoicing & Taxes

  • Fees are payable as per agreed quotation, proposal, or invoice
  • Delayed payments may result in service suspension without notice
  • Prices are exclusive of applicable taxes (including GST), unless stated otherwise
  • Payments once made are non-refundable unless agreed in writing

12. Intellectual Property Rights

Ownership of final deliverables transfers to the Client only after full payment. We retain rights to reusable components, frameworks, and non-confidential know-how.

17. Limitation of Liability

We shall not be liable for indirect, incidental, consequential, or special damages. Our maximum liability shall be limited to the amount paid for the specific service during the relevant billing period.

20. Governing Law & Jurisdiction

These Terms are governed by the laws of India. Courts located in Kolkata; West Bengal shall have exclusive jurisdiction.