Sujay V Sarma

Sujay V. Sarma | Age: 43 years | Aquarius
The Legend | Dyslexic | IT Consultant | Author | Poet | Theoritical Cosmologist

This website is the only source for accurate and authentic information about me.


Terms of Service


Here is my terms and conditions that applies to you when you use:

  • this website (https://sujayvsarma.com); or
  • any other website created by me; or
  • any web service or data provider created by me; or
  • any SDK created by me; or
  • any app created by me

The above shall be known individually as Service and collectively as Services.

If you do not agree with these terms and conditions, you should not use the Services.

This agreement is made with effect from the date you first visited, installed or used any Service created by me, or from today, whichever is earlier, between the parties:

  1. You, herinafter known as the Service Recipient
  2. Me, hereinafter known as the Service Provider
  3. You and Me, collectively known as the Parties
A. Scope

Wherein the Service Recipient engages the Service Provider for a "Project", the Scope shall include but not be limited to:

  1. Developing the software for the project, including: creating the architecture, software code, documentation artifacts, installation and usage documentation as applicable;
  2. Provisioning, deprovisioning, commissioning, decommissioning, maintaining and managing the hardware and software involved in the project;
  3. Providing technical assistance and advice to the team involved with the project;
  4. Incidental travel and other expenses incurred toward the project

Wherein the Service Recipient makes use of publicly hosted or otherwise available Services created by the Service Provider, the Scope shall be explicitly limited to only the functionality implemented in the Service at the point in time, whichever is earlier, when the user:

  1. First accessed or made use of the Service;
  2. Created a "User Account", if applicable, on the Service

This shall be known as "Original Scope". Functionality added after initiation of the Original Scope for a particular Service Recipient shall not be in Scope of this Agreement and shall require a new Agreement or an addendum to this Agreement.

This agreement covers all Services currently in production and those that may be planned or made available in the future.

B. Confidential Information

It is agreed and stipulated to by both parties that information provided by the Service Recipient to the Service Provider or vice versa, that is directly or indirectly related, but not unrelated to the agreed scope of work, including information disclosed and received during the time of negotiations or sign up, is to be treated as Confidential Information.

Information that is already present in public domain or can be accessed by the either party without involvement by the other party shall not be treated as Confidential Information.

Confidential Information shall not be disclosed to any party that is not a party to this agreement without express written consent of the party that owns such information.

Interpretation: If the information conveyed by you to me cannot be accessed by me without you having given that information, then it is "confidential" and I cannot share that information with anyone else. However, if that information can be accessed (for example) on a blog on the Internet, then it is not "confidential".

C. Warranties

Wherein the Service Recipient engages the Service Provider for a "Project", the Service Provider provides for a warranty not exceeding a term of six (06) months from the date of completion of the particular work. Beyond the term of Warranty, the Service Provider shall not be obligated to provide any additional work under the previously agreed on Project/scope.

Wherein the Service Recipient makes use of publicly hosted or otherwise available Services created by the Service Provider, the Service Provider provides no warranty for either the availability, intergity, stability of the Service; and neither the integrity or consistency of the data used for such Service.

D. Errors, Bugs and Bug Fixes

Wherein the Service Recipient engages the Service Provider for a "Project", the Service Provider shall endeavour to address and fix errors and bugs of Severity 1 and Severity 2 before the end of the Warranty. Bugs and errors accepted to be of Severity 3 and below will be addressed only on the Service Provider’s discretion. The Service Provider shall not be obligated to address bugs of any severity after the end of the Warranty.

Wherein the Service Recipient makes use of publicly hosted or otherwise available Services created by the Service Provider, the Service Provider provides no guarantees or committments towards addressing any errors or bugs or rolling out fixes for errors and bugs in any time-frame. Such errors and bugs shall be fixed solely at the discretion and timelines internally decided by the Service Provider from time to time.

E. Intellectual Property

All Parties agree to and stipulate that:

  1. Intellectual property developed by the Service Recipient shall be the intellectual property of the Service Recipient;
  2. Intellectual property developed by the Service Provider, not related to the work performed for the Service Recipient or exists independently of the work done for the Service Recipient shall be the intellectual property of the Service Provider;
  3. Intellectual property developed by the Service Provider, related to the work performed for the Service Recipient shall be the intellectual property of the Service Recipient;

Intellectual property may be transferred by means of an explicit License, by one party to another for purposes of the agreed scope of work. All Parties stipulate and agree that such transfer and license shall be for the purposes of the engagement and the Recipient of the intellectual property shall not lay any further claim or ownership on such material beyond the scope of work and shall desist from using such intellectual property to perform other work for other Service Recipients.

Notwithstanding the above, the developer of the intellectual property may apply for patents to the particular property. If such intellectual property is patented by the Service Provider, and is used in the products/services provided to the Service Recipient, then the Service Provider agrees to implicitly license the intellectual property at no additional cost to the Service Recipient in perpetuity.

Interpretation: Your independent work is your IP; my independent work is my IP. Anything you make for me is my IP, anything I make for you is your IP. We may share IP with each other, but only with a specific scope of work. When the work is done, we agree to destroy each other’s IP that we have with us. If I developed a certain intellectual property that may be patented, then I can patent it. But if I use that intellectual property in the products/software/services I provide you, then I will license it to you at no additional cost, in perpetuity.

F. Indemnification

The Service Recipient agrees to indemnify the Service Provider of all damages and liabilities arising from the use or non-use of the information or application or other collateral delivered to the Service Recipient. This shall include the use and non-use of the material by the Service Recipient, their clients, customers, partners, vendors, and any other users, legal or illegal.

The term of this indemnification begins immediately and continues into perpetuity.

G. Binding on employees, contractors, vendors and other associates

This Agreement shall be binding on all Employees, Contractors, Vendors, Partners, and other associates engaged by both the Service Provider and the Service Recipient, whether full-time or part-time. All such organizations and people shall be made a party to this agreement before they can begin work on the engagement. Where explicit signatures to this Agreement is not obtained, the Parties shall be deemed to have accepted this Agreement in full and without dissent.

H. Return of material and collateral

All Parties agree that except for irreplaceable physical material, other material including digital material shall be reasonably destroyed by its possessor on termination of this agreement.

Any physical material that cannot be replaced is to be returned to the party that provided such material. Return of material shall be initiated within a reasonable timeframe from the termination of the agreement, but the returning party shall not be accountable for the receipt of such material by the original owner. The returning party shall also not be held liable for any damage, wear and tear or otherwise, to the said material.

E-mails, letters, faxes and other manners of correspondence, invoices, bills and receipts or other data relating to financial transactions shall be retained for records as per the laws, rules and regulations applicable to the domicile of both parties.

Digital information stored in "Backup" mechanisms and databases shall not be in scope to be so destroyed.

I. Non-compete

Wherein the Service Recipient engages the Service Provider for a "Project", the Service Provider agrees not to create or provide products, software, services or other collateral, exactly identical to those provided to the specific Service Recipient. However, the Service Provider shall not be restrained from creating similar products, services or other deliverables to those provided to this specific Service Recipient.

J. Limitation of Liabilities

Under no circumstances may the monetary value of liabilities exceed forty percent (40%) of the value of the engagement or the amount already paid, whichever is lesser, and limited to the amount paid toward the Scope accruing that liability.

There shall be no monetary or material liability where no fee or charges were collected towards the service provided.

Interpretation: If the total value of a project is INR 1 Lakh, the maximum liabilities will be capped at INR 40,000. If only INR 20,000 has been paid so far, then the total liabilities will be capped at INR 8,000 (40% of 20,000). If I did the work for free, then the total liabilities will be ZERO.

K. Limitation of Statutes

All Parties stipulate and agree that there shall be a maximum period of three (03) months within which either party shall attempt to resolve or find recourse to any violation set forth in this Agreement. Beyond this period, the aggrieved party shall not pursue any methods of recourse, privately, through mediation, arbitration, a court of law or by any other means.

L. Selection of Applicable Laws and Venues of Recourse

All Parties agree to be bound by the laws, regulations and other legal frameworks set forth by the Republic of India. Parties agree to legal recourse only at the tribunals and courts in the State of Delhi.

All Parties agree that any violation of this Agreement shall result only in a Civil proceeding and under no circumstances shall a criminal proceeding be instituted.

The accepted stages to finding recourse to problems shall be as follows:

  1. Mutual Resolution
  2. Mediation by Unrelated Third Party
  3. Arbitration via Legal Counsel
  4. Civil Proceedings in an applicable Tribunal or Court of Law
Storage of your data

Please see the Privacy Policy for details of what data about you may be stored at our end and what/how we use it for.

Change history
  • Last Revised: Feb 7th, 2020.
  • Originally written: Nov 12th, 2019.
Contact information

Please see Contact page for information.

This agreement is hereby commenced.