Terms and Conditions

1.1 Acceptance of Terms

Your use of our services constitutes your acceptance of these Terms. We reserve the right to refuse service to anyone for any reason at any time.

1.2 Legal Capacity

By using our services, you represent that:

• You are at least 18 years of age or the age of majority in your jurisdiction
• You have the legal capacity to enter into binding contracts
• You are not prohibited from using our services under applicable laws
• All information you provide is accurate and complete

2. Services Description

Tharwa Consulting operates through four specialized brands, each offering distinct digital services:

2.1 WP Crafters

• Custom WordPress website development and design
• Theme customization and development
• Plugin development and integration
• Website optimization and performance tuning
• WordPress maintenance and support services
• Website migration and updates
• Security implementation and monitoring

2.2 Sellerscraft

• E-commerce platform setup and configuration
• Online marketplace management (Amazon, eBay, Shopify, etc.)
• Product listing optimization
• Inventory management solutions
• Order processing and fulfillment support
• Sales analytics and reporting
• E-commerce strategy consulting

2.3 VisaforNomads

• Digital nomad visa consultation and guidance
• Remote work setup and infrastructure consulting
• Location-independent business solutions
• Digital tools and platform recommendations
• Remote work compliance advisory
• Travel and work coordination services

2.4 Agent AI Crafters

• AI solution design and implementation
• Automation development and integration
• Machine learning model deployment
• AI strategy consulting
• Chatbot and virtual assistant development
• Process automation services
• AI training and support

2.5 Service Scope

All services are digital in nature unless explicitly stated otherwise in a separate service agreement. Physical products or goods are not currently offered but may be added in the future with separate terms.

3. Service Agreements and Engagement

3.1 Proposal and Acceptance

Services are provided based on:

• Written proposals or quotes provided by us
• Service packages described on our websites
• Custom agreements negotiated between parties
• Subscription or recurring service plans

Your acceptance of a proposal (via signature, email confirmation, or payment) constitutes a binding agreement.

3.2 Project Scope

Each engagement will include:

• Clear description of deliverables
• Timeline and milestones (where applicable)
• Pricing and payment terms
• Specific requirements and responsibilities
• Communication protocols

3.3 Changes to Scope

Any changes to the agreed scope of work must be:

• Requested in writing
• Reviewed and approved by both parties
• Subject to additional fees if applicable
• Documented in a change order or amendment

Scope creep (gradual expansion beyond original agreement) may result in additional charges or project delays.

4. Pricing and Payment Terms

4.1 Pricing Structure

Our pricing varies based on:

• Service type and complexity
• Project scope and requirements
• Subscription or one-time engagement
• Custom versus package services

All prices are quoted in [Currency - USD/INR/GBP/EUR] unless otherwise specified.

4.2 Payment Methods

We accept payment through:

• Credit/debit cards
• Bank transfers/wire transfers
• PayPal and other online payment processors
• Cryptocurrency (where applicable and agreed)
• Other methods as mutually agreed

4.3 Payment Schedule

One-Time Projects:

• Deposit: 50% upfront before work commences
• Balance: 50% upon project completion or as per milestone schedule
• Custom payment schedules may be arranged for larger projects

Subscription Services:

• Billed monthly, quarterly, or annually as selected
• Payment due at the beginning of each billing period
• Auto-renewal unless cancelled as per cancellation policy

Hourly Services:

• Invoiced monthly or upon completion
• Payment due within specified terms (typically 15-30 days)

4.4 Late Payments

• Invoices are due within the period specified (typically 15 days)
• Late payments may incur interest charges of [X]% per month or the maximum allowed by law
• Services may be suspended for accounts 30+ days overdue
• Access to deliverables may be withheld until payment is received
• Collection costs and legal fees may be added to overdue balances

4.5 Taxes

All prices are exclusive of applicable taxes (GST, VAT, sales tax, etc.) unless explicitly stated otherwise. You are responsible for all taxes associated with your purchase.

4.6 Refund Policy

Digital Services:

• Deposits are non-refundable once work has commenced
• Completed work is non-refundable
• Refunds for incomplete work are at our sole discretion
• Subscription services may be cancelled but are not prorated

Exceptions:

• Service not delivered as agreed in writing
• Breach of contract by Tharwa Consulting
• As required by applicable consumer protection laws

Refund requests must be submitted in writing within 30 days of service delivery.

5. Client Responsibilities and Obligations

5.1 Information and Access

You agree to:

• Provide accurate, complete, and timely information
• Grant necessary access to platforms, accounts, and systems
• Respond to requests for feedback and approvals within reasonable timeframes
• Provide all required materials, content, and assets
• Maintain confidentiality of login credentials

5.2 Content Provision

You are responsible for:

• Providing original or properly licensed content (text, images, videos)
• Ensuring content does not infringe third-party rights
• Accuracy and legality of all content provided
• Obtaining necessary permissions and releases

5.3 Cooperation

Timely project completion depends on your:

• Prompt responses to communications
• Timely provision of required materials
• Clear and consistent feedback
• Availability for scheduled meetings or calls

Delays caused by lack of client cooperation may result in timeline extensions and additional fees.

5.4 Third-Party Services

When our services require third-party platforms (WordPress hosting, e-commerce platforms, marketplace accounts):

• You are responsible for your accounts and relationships with these providers
• You must comply with their terms of service
• You are responsible for associated costs and fees
• We are not liable for third-party service issues or changes

6. Intellectual Property Rights

6.1 Client-Provided Content

You retain all rights to content, materials, and intellectual property you provide. By providing content to us, you grant us a non-exclusive, worldwide license to use, reproduce, modify, and display the content solely for the purpose of delivering services to you.

6.2 Deliverables and Work Product

Custom Development Work:

Upon full payment, you receive:

• Ownership of custom code developed specifically for you
• License to use delivered designs and graphics
• Rights to final deliverables as specified in agreement

Pre-Existing Materials:

We retain rights to:

• Pre-existing code libraries and frameworks
• Proprietary tools and processes
• Template and theme licenses
• Third-party plugins and components
• Reusable code modules and snippets

6.3 Tharwa Consulting Property

We retain all rights to:

• Our methodologies and processes
• Internal tools and systems
• Knowledge and expertise
• Brand names and trademarks
• Training materials and documentation
• Marketing materials and case studies

6.4 Portfolio and Marketing Rights

We reserve the right to:

• Display completed projects in our portfolio
• Use project descriptions in marketing materials
• Create case studies (with your approval for detailed information)
• Reference you as a client (unless confidentiality is agreed)

You may request confidentiality or exclusion from our portfolio, which we will honor.

6.5 Third-Party Licenses

Some deliverables may include third-party components subject to their own licenses:

• Open-source software (GPL, MIT, etc.)
• Premium themes or plugins
• Stock images or graphics
• Third-party APIs or services

You are responsible for complying with applicable third-party licenses.

7. Warranties and Disclaimers

7.1 Our Warranties

We warrant that:

• Services will be performed with reasonable skill and care
• We have the right to provide the services offered
• Services will substantially conform to agreed specifications
• We will comply with applicable laws in delivering services

7.2 Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY STATED ABOVE, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• UNINTERRUPTED OR ERROR-FREE OPERATION
• ACCURACY OR RELIABILITY OF RESULTS
• COMPATIBILITY WITH ALL SYSTEMS OR PLATFORMS

7.3 No Guarantee of Results

We do not guarantee:

• Specific business results or outcomes
• Search engine rankings or traffic levels
• Sales volumes or conversion rates
• Platform approval or compliance
• Third-party service performance
• Specific return on investment

7.4 Third-Party Services

We are not responsible for:

• Failures or changes in third-party services
• Third-party platform policies or terms
• Hosting provider issues or downtime
• Payment processor problems
• Internet connectivity issues

7.5 Client Responsibility

You acknowledge that:

• Final results depend partly on factors outside our control
• Your cooperation and input affect outcomes
• Market conditions and competition influence results
• Technology and platforms evolve over time

8. Limitation of Liability

8.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $1,000 USD, WHICHEVER IS GREATER.

8.2 Excluded Damages

IN NO EVENT SHALL WE BE LIABLE FOR:

• INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
• LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
• LOSS OF DATA OR INFORMATION
• BUSINESS INTERRUPTION
• LOSS OF GOODWILL OR REPUTATION
• COST OF SUBSTITUTE SERVICES
• PUNITIVE OR EXEMPLARY DAMAGES

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.3 Exceptions

Nothing in these Terms limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct
• Any liability that cannot be excluded under applicable law

8.4 Third-Party Actions

We are not liable for:

• Actions or omissions of third-party service providers
• Changes to third-party platforms or policies
• Security breaches of third-party systems
• Unauthorized access to your accounts
• Your violation of third-party terms of service

8.5 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control, including:

• Natural disasters and acts of God
• War, terrorism, or civil unrest
• Government actions or regulations
• Internet or telecommunications failures
• Pandemics or public health emergencies
• Strikes or labor disputes
• Failures of third-party services

9. Indemnification

9.1 Your Indemnification

You agree to indemnify, defend, and hold harmless Tharwa Consulting, its brands, officers, directors, employees, contractors, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of third-party rights (including intellectual property rights)
• Content or materials you provide
• Your actions or omissions related to our services
• Your use of deliverables or work product

9.2 Our Indemnification

We agree to indemnify you against claims that deliverables we create infringe third-party intellectual property rights, provided that:

• You notify us promptly of any such claim
• We have sole control of the defense and settlement
• You cooperate reasonably with our defense
• The claim does not arise from your modifications or misuse

10. Confidentiality

10.1 Confidential Information

Both parties agree to maintain confidentiality of non-public information disclosed during the engagement, including:

• Business strategies and plans
• Financial information
• Technical specifications
• Proprietary processes
• Customer data
• Trade secrets

10.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach
• Was known prior to disclosure
• Is independently developed
• Is required to be disclosed by law
• Is disclosed with written permission

10.3 Data Protection

We handle your data in accordance with our Privacy Policy and applicable data protection laws. Specific data processing terms may be included in separate Data Processing Agreements where required.

11. Term and Termination

11.1 Term

These Terms remain in effect for the duration of our service relationship and continue to apply to all past and future engagements unless superseded by a specific written agreement.

11.2 Project Completion

One-time projects terminate upon:

• Delivery and acceptance of all deliverables
• Full payment received
• Resolution of any outstanding issues

11.3 Subscription Termination

By You:

• Cancel anytime with notice period specified in your plan
• Cancellation takes effect at end of current billing period
• No refunds for partial periods unless required by law
• Access continues until end of paid period

By Us:

• We may terminate subscriptions with 30 days notice
• Immediate termination for breach of Terms
• Refund of unused portions at our discretion

11.4 Project Termination

By You:

• Provide written notice of termination
• Pay for all work completed to date
• Pay for any non-refundable expenses incurred
• Return or destruction of our confidential information

By Us:

• We may terminate for non-payment after 15 days notice
• We may terminate for breach of Terms with 7 days to cure
• Immediate termination for illegal activity or abuse

11.5 Effects of Termination

Upon termination:

• All unpaid fees become immediately due
• We may suspend access to services and deliverables
• You must cease using our confidential information
• Provisions that by nature should survive will continue

11.6 Survival

The following sections survive termination:

• Payment obligations
• Intellectual property rights
• Warranties and disclaimers
• Limitation of liability
• Indemnification
• Confidentiality
• Dispute resolution

12. Dispute Resolution

12.1 Informal Resolution

Before initiating formal proceedings, parties agree to:

• Communicate concerns in writing
• Attempt good faith negotiation
• Allow 30 days for informal resolution

12.2 Governing Law

These Terms are governed by the laws of:

• For Indian clients: Laws of India and Karnataka State
• For UK clients: Laws of England and Wales
• For EU clients: Laws of the relevant member state
• For US clients: Laws of [State] and applicable federal law

Without regard to conflict of law principles.

12.3 Jurisdiction

• For Indian Clients:
  Exclusive jurisdiction: Courts of Bangalore, Karnataka, India
• For UK/EU Clients:
  Subject to mandatory consumer protection laws, disputes shall be resolved in courts of England and Wales, or your local jurisdiction as required by law.
• For US Clients:
  Subject to arbitration provisions below, jurisdiction in [State/Federal] courts.

12.4 Arbitration (Where Applicable)

For eligible disputes:

• Binding arbitration under [Arbitration Association] rules
• Location: Bangalore, India (or mutually agreed location)
• Language: English
• One arbitrator mutually selected
• Each party bears own costs unless otherwise awarded

Exceptions to Arbitration:

• Claims for injunctive relief
• Intellectual property disputes
• Collection of undisputed amounts
• Small claims court matters (under jurisdictional limits)

12.5 Class Action Waiver

WHERE PERMITTED BY LAW, YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY AND WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS.

12.6 Limitation Period

Claims must be brought within one (1) year from when the cause of action arose, or the maximum period allowed under applicable consumer protection laws, whichever is longer.

13. General Provisions

13.1 Entire Agreement

These Terms, together with any referenced policies and specific service agreements, constitute the entire agreement between parties and supersede all prior understandings, representations, and agreements.

13.2 Amendments

We reserve the right to modify these Terms at any time. Changes will be effective:

• Immediately for new users
• After notice period (typically 30 days) for existing users
• Upon your continued use of services after changes

Material changes will be communicated via:

• Email notification
• Website notice
• In-service notification

13.3 Severability

If any provision is found unenforceable, the remaining provisions continue in full effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

13.4 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision. No waiver is effective unless in writing and signed by an authorized representative.

13.5 Assignment

You may not assign or transfer your rights or obligations without our written consent. We may assign or transfer our rights and obligations:

• To affiliates or related entities
• In connection with a merger, acquisition, or sale of assets
• To service providers or contractors (while maintaining confidentiality)

13.6 Independent Contractors

Parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

13.7 Notices

All legal notices must be sent to:

To Tharwa Consulting:

To You:

Notices are effective upon receipt or 3 business days after sending.

13.8 Language

These Terms are written in English. Any translations are for convenience only. In case of conflicts, the English version prevails.

13.9 Headings

Section headings are for convenience only and do not affect interpretation.

13.10 Third-Party Beneficiaries

These Terms do not create rights for third parties unless explicitly stated.

14. Acceptable Use Policy

14.1 Prohibited Uses

You may not use our services to:

• Violate any laws or regulations
• Infringe intellectual property rights
• Transmit harmful or malicious code
• Engage in fraudulent activity
• Spam or send unsolicited communications
• Impersonate others or misrepresent affiliations
• Interfere with service operation
• Harvest data without permission
• Engage in illegal or unethical activities

14.2 Content Restrictions

You may not provide or request content that:

• Is illegal, harmful, or abusive
• Infringes third-party rights
• Contains malware or security threats
• Violates privacy or data protection laws
• Is defamatory or misleading
• Promotes illegal activities

14.3 Consequences of Violations

Violations may result in:

• Warning and opportunity to cure
• Immediate service suspension
• Contract termination
• Withholding of deliverables
• Legal action and reporting to authorities
• No refund of fees paid

15. Specific Terms by Brand

15.1 WP Crafters Specific Terms

Hosting and Maintenance:

• We do not provide hosting unless explicitly included
• Maintenance services require separate agreement
• You are responsible for hosting costs and renewals
• We require admin access for development work
• Backup responsibility as specified in agreement

Plugin and Theme Licenses:

• Premium plugins/themes require separate purchase
• You must comply with component licenses
• Updates and support per license terms

15.2 Sellerscraft Specific Terms

Marketplace Compliance:

• You must comply with marketplace policies
• You are responsible for account status
• We do not guarantee platform approval
• Policy violations are your responsibility
• Account suspension is outside our control

Product Listings:

• You warrant product information accuracy
• You own or have rights to product content
• Compliance with consumer protection laws is your responsibility

15.3 VisaforNomads Specific Terms

Immigration Advice Disclaimer:

• We provide guidance, not legal advice
• Consult licensed immigration attorneys for legal matters
• Visa approval is determined by authorities
• Requirements change; information may become outdated
• You are responsible for compliance with laws

Service Limitations:

• We do not guarantee visa approval
• Processing times vary by jurisdiction
• We cannot influence government decisions

15.4 Agent AI Crafters Specific Terms

AI Services:

• AI models require training data from you
• Results depend on data quality and quantity
• AI outputs may require human review
• Models improve over time with feedback
• No guarantee of specific accuracy levels

Data Usage:

• Training data handling per Privacy Policy
• You warrant rights to provided data
• Model performance depends on data quality

16. Compliance and Legal Requirements

16.1 Regulatory Compliance

We strive to comply with applicable laws and regulations, including:

• Data protection laws (GDPR, UK GDPR, CCPA, etc.)
• Consumer protection regulations
• E-commerce regulations
• Accessibility standards (where applicable)
• Industry-specific regulations

16.2 Your Compliance Obligations

You are responsible for:

• Complying with laws in your jurisdiction
• Obtaining necessary licenses and permits
• Following industry regulations
• Meeting accessibility requirements
• Paying applicable taxes

16.3 Export Controls

You agree to comply with all applicable export control and sanctions laws.

17. Contact Information

For questions about these Terms:

Mailing Address:

18. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT:

• You have read and understood these Terms
• You agree to be bound by these Terms
• You have the authority to enter into this agreement
• You have had the opportunity to seek independent legal advice

These Terms constitute a binding legal agreement.