Terms of Service
The rules and conditions that govern your use of Muffincode's services
Effective Date: January 1, 2025
Last Updated: January 1, 2025
Version: 1.0
By using muffincodes.com or engaging Muffincode's services, you agree to be bound by these Terms of Service. Please read them carefully before proceeding.
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client" or "you") and Muffincode, operated by Rohit Kumar ("Muffincode", "we", "us", or "our"), governing your access to and use of the website muffincodes.com and all technical services offered by Muffincode.
By visiting our website, submitting an enquiry, signing a project proposal, or making a payment, you acknowledge that you have read, understood, and agree to be bound by these Terms in full. If you do not agree to these Terms, you must not use our website or services.
These Terms are governed by the laws of India.
2. Definitions
For the purposes of these Terms, the following definitions apply:
All technical services offered by Muffincode including web development, AI integration, cloud engineering, CRM/ERP development, Shopify/WordPress development, technical consulting, and white-label development.
A specific engagement for which Muffincode has provided a proposal, quote, or agreement to the Client.
The code, designs, documentation, configurations, and other outputs produced by Muffincode as part of a Project.
A written document (email or formal document) outlining the scope, timeline, cost, and terms of a Project.
The individual, company, or organisation that engages Muffincode for Services.
Any non-public information shared between Muffincode and the Client in the course of a Project.
3. Services & Engagement
3.1 Service Description
Muffincode provides custom technical services as described on muffincodes.com and in project proposals. All services are performed by Rohit Kumar and, where applicable, trusted collaborators under Rohit Kumar's direct supervision.
3.2 Project Commencement
A project formally begins when all of the following conditions are met:
- A written Proposal has been accepted by the Client (via email confirmation or signed document)
- The agreed upfront payment (typically 50% of the total project cost) has been received in full
- Required access, credentials, and project materials have been provided by the Client
3.3 Project Scope
The scope of each project is defined in the Proposal. Any work requested beyond the agreed scope — including additional features, pages, modules, integrations, or substantial design changes — will be treated as a change request and quoted separately. Muffincode will not perform out-of-scope work without written agreement on revised pricing and timeline.
3.4 Project Timeline
Estimated timelines are provided in good faith based on the agreed scope. Timelines may be affected by delays in Client feedback, changes in scope, late provision of required materials, or circumstances outside our control. Muffincode is not liable for project delays caused by the Client's failure to provide timely responses, content, or approvals.
4. Payment Terms
4.1 Payment Schedule
Unless otherwise agreed in writing, the following payment structure applies:
- Fixed-price projects: 50% deposit due before work commences; 50% final payment due before final delivery/launch
- Monthly retainers: Invoiced and payable on the 1st of each month in advance
- Consulting / hourly: Invoiced weekly or upon completion, payable within 7 days
4.2 Payment Methods
Muffincode accepts payment via:
- UPI (Indian clients)
- Bank transfer (NEFT/RTGS/IMPS — Indian clients)
- Razorpay (cards, net banking, UPI, EMI — Indian clients)
- Stripe (cards — international clients)
- Wise / PayPal (international clients, subject to mutual agreement)
4.3 Late Payment
Invoices not paid within the agreed payment period (default: 7 days from invoice date) will incur a late fee of 2% per month on the outstanding amount. Muffincode reserves the right to pause or suspend work on any project where payment is overdue by more than 14 days, without liability for resulting delays.
4.4 Taxes
All prices quoted are exclusive of applicable taxes. GST (Goods and Services Tax) will be added to invoices for Indian clients as required under Indian tax law. International clients are responsible for any taxes applicable in their jurisdiction.
5. Intellectual Property & Ownership
5.1 Client Ownership upon Full Payment
Upon receipt of full and final payment for a project, Muffincode assigns to the Client full ownership of all custom Deliverables produced specifically for that project, including source code, custom designs, and related documentation. The Client has unrestricted rights to use, modify, distribute, and commercialise the Deliverables.
5.2 Prior to Full Payment
Until full payment is received, all Deliverables remain the intellectual property of Muffincode. The Client does not have the right to use, deploy, distribute, or present the work publicly until the final payment is cleared.
5.3 Third-Party & Open Source Components
Deliverables may include open-source software, third-party libraries, or licensed components. These components remain subject to their own respective licenses. Muffincode will notify the Client of any significant third-party components used and their license terms.
5.4 Portfolio Rights
Unless the Client expressly requests otherwise in writing, Muffincode reserves the right to reference the project (in general terms) in our portfolio, case studies, and marketing materials. We will not disclose confidential business information without the Client's permission.
5.5 Muffincode's Tools & Frameworks
Any proprietary tools, frameworks, boilerplate code, or methodologies developed independently by Muffincode remain the sole property of Muffincode. These may be used in Client projects but are not transferred as part of the project Deliverables.
6. Confidentiality
Both parties agree to treat all Confidential Information shared during a project engagement with strict confidentiality. Neither party will disclose the other's Confidential Information to any third party without prior written consent, except as required by law.
For white-label and agency engagements, Muffincode commits to:
- Not contacting the Client's end customers directly
- Not disclosing its involvement to the Client's customers
- Signing a separate Non-Disclosure Agreement (NDA) upon request at no additional cost
Confidentiality obligations survive the termination of the engagement for a period of 2 years.
7. Revisions & Change Requests
Each project package includes a defined number of revision rounds as specified in the Proposal. A 'revision' is defined as a set of reasonable changes to work already completed, consolidated into a single feedback document.
The following are not considered revisions and will be quoted as additional work:
- Requests to change the fundamental direction or design style after approval
- Addition of new features, pages, or modules not in the original scope
- Changes requested after the final delivery has been accepted
- Requests that require rebuilding or substantially restructuring completed work
Muffincode will provide a written quote for all additional work before proceeding. No additional work will be performed without written approval from the Client.
8. Warranties & Representations
8.1 Muffincode Warrants
- That all Services will be performed with reasonable skill, care, and diligence
- That Deliverables will substantially conform to the agreed Proposal specifications
- That Muffincode has the right to enter into this agreement and perform the Services
- That Deliverables will not knowingly infringe upon any third-party intellectual property rights
8.2 Client Warrants
- That all content, materials, and assets provided to Muffincode are owned by the Client or that the Client has legal rights to use them
- That the Client has the authority to enter into this agreement on behalf of their organisation
- That the Client's intended use of the Deliverables does not violate any applicable laws
8.3 Post-Launch Support Period
Muffincode provides a post-launch support period as specified in each project Proposal (typically 30–90 days). During this period, we will fix any bugs or errors in the Deliverables that are directly attributable to our work, at no additional cost. This warranty does not cover issues caused by the Client's modifications, third-party plugin updates, or content changes made after launch.
9. Limitation of Liability
To the maximum extent permitted by applicable law:
- Muffincode's total liability to the Client for any claim arising out of or in connection with a project shall not exceed the total fees paid by the Client for that specific project.
- Muffincode shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, loss of data, loss of business, or loss of goodwill — even if Muffincode has been advised of the possibility of such damages.
- Muffincode is not responsible for performance issues, downtime, or failures caused by third-party services, hosting providers, APIs, or platforms (including but not limited to AWS, Shopify, WordPress, Razorpay, or WhatsApp).
- Muffincode is not responsible for any loss or damage caused by the Client's modifications to Deliverables after final handover.
IMPORTANT NOTE
Nothing in these Terms limits liability for fraud, wilful misconduct, death, or personal injury caused by negligence, where such limitation is prohibited by law.
10. Cancellation & Refunds
10.1 Cancellation by Client
The Client may cancel a project at any time by providing written notice to Muffincode. In the event of cancellation:
- If cancelled before work commences: 100% of the upfront deposit is refunded, minus a 10% administrative fee
- If cancelled after work has commenced but before 50% project completion: 50% of the upfront deposit is refunded; the remaining 50% is retained to cover work completed
- If cancelled after 50% project completion: No refund is due. Muffincode will deliver all completed work to the Client in its current state
- Monthly retainers may be cancelled with 15 days' written notice. No partial-month refunds are provided
10.2 Cancellation by Muffincode
Muffincode reserves the right to cancel an engagement in the following circumstances:
- The Client is found to be using the Services for illegal, harmful, or unethical purposes
- The Client has failed to make payment within 30 days of the due date
- The Client has provided false information that materially affects the project
In such cases, Muffincode will refund fees proportional to work not yet completed.
11. Client Responsibilities
The success of a project depends on collaboration. The Client agrees to:
- Provide all required content, materials, credentials, and access in a timely manner
- Designate a single point of contact for project communication to avoid conflicting instructions
- Provide clear, consolidated feedback within the agreed review periods (typically 5 business days)
- Not share project access credentials with unauthorised third parties
- Promptly notify Muffincode of any changes in project requirements or business circumstances
Muffincode is not responsible for delays directly caused by the Client's failure to fulfil these responsibilities.
12. Prohibited Uses
You must not use muffincodes.com or Muffincode's Services to:
- Build, operate, or promote any product or service that is illegal under Indian or international law
- Develop tools designed to harm, defraud, harass, or discriminate against any person or group
- Create malware, spyware, phishing tools, spam systems, or any other malicious software
- Infringe upon the intellectual property rights of any third party
- Violate the privacy of individuals or collect personal data without lawful basis
- Engage in any activity that could bring Muffincode into disrepute
Muffincode reserves the right to refuse or terminate any engagement that we reasonably believe violates these prohibitions, without refund.
13. Governing Law & Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts of India.
13.2 Dispute Resolution
In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation. If a resolution cannot be reached within 30 days of written notice of the dispute, either party may pursue legal remedies.
13.3 Informal Resolution
Before initiating any formal legal action, the aggrieved party must provide the other party with at least 30 days' written notice describing the dispute and the outcome sought. Both parties will make reasonable efforts to resolve the matter amicably during this period.
14. Force Majeure
Neither party shall be held liable for delays or failure to perform obligations under these Terms due to circumstances beyond their reasonable control, including but not limited to: natural disasters, government actions, internet outages, pandemic or public health emergencies, power failures, or acts of war. The affected party must notify the other party as soon as reasonably possible.
15. Changes to These Terms
Muffincode reserves the right to update these Terms at any time. When material changes are made, we will update the 'Last Updated' date and notify active clients via email. Continued use of our website or services after changes are posted constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
17. Entire Agreement
These Terms of Service, together with any signed project Proposal or Statement of Work, constitute the entire agreement between you and Muffincode regarding the subject matter herein. They supersede all prior discussions, representations, or agreements, whether written or oral, relating to that subject matter.
18. Contact & Legal Notices
For questions about these Terms, legal notices, or formal correspondence, please contact:
- Name: Rohit Kumar
- Business: Muffincode
- Email: hello@muffincodes.com
- Website: www.muffincodes.com
- Location: India
For formal legal notices, please send an email with the subject line: 'Legal Notice — Muffincode'
Thank you for taking the time to read our policies.
Muffincode — muffincodes.com — hello@muffincodes.com