Terms and Conditions
Effective Date: August 05, 2026
1. Introduction & Acceptance of Terms
These Terms and Conditions (the "Agreement") form a legally binding contract between you ("Client", "User", "you", or "your") and NAKO Tech ("NAKO Tech", "we", "our", or "us"). This Agreement governs your access to and use of the NAKO Tech website, as well as the provision of any digital agency services, including web development, digital marketing, AI solutions, video production, and other related services (collectively, the "Services").
By accessing our website, requesting a quotation, paying an invoice, or otherwise engaging our Services, you agree that you have read, understood, and agree to comply with and be bound by this Agreement. If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these terms.
2. Definitions
- Client: Any individual or entity that engages NAKO Tech for the provision of Services.
- Services: The specific digital, marketing, development, AI, or creative tasks and deliverables outlined in an approved Order or quotation.
- Order: A formal quotation, proposal, invoice, or statement of work issued by NAKO Tech and accepted by the Client.
- Project: A defined scope of Services to be completed within an estimated timeframe.
- Deliverables: The final output, software, website, designs, videos, or campaigns provided by NAKO Tech upon completion of the Services.
3. Scope of Services
NAKO Tech provides a comprehensive suite of digital agency services. The specific scope, features, and functionality of your Project will be detailed in your individual Order. Our core service categories include:
- Development & Engineering: Website Development, Mobile App Development, LMS & Online Course Development, CRM Implementation.
- Marketing & Growth: Digital Marketing, Search Engine Optimization (SEO), Social Media Management.
- Creative & Content: Branding & Graphic Design, Video Production & Editing.
- Emerging Tech: AI Solutions & Automation integration.
- Support: Ongoing Website Maintenance, Consulting & Training.
Any requests outside the defined scope of the Order will be subject to additional fees and a revised timeline.
4. Project Timelines and Client Responsibilities
Timelines: Estimated completion dates are provided in good faith based on our standard workflows. However, these are estimates and not guarantees. Timely delivery is highly dependent on Client cooperation.
Client Obligations: You agree to provide all necessary materials, content (text, images, branding), approvals, access credentials, and feedback in a timely manner. If a project is delayed by more than 30 consecutive days due to the Client's failure to provide requested materials or approvals, NAKO Tech reserves the right to place the Project on hold or classify it as abandoned.
Project Abandonment: If a project remains stalled for more than 60 days due to Client inaction, we may terminate the Project. Any advance payments will be forfeited, and resuming the Project will require a new Order, subject to updated pricing and scheduling.
5. Payments, GST, and Invoicing
Payment Terms: Unless otherwise specified in your Order, NAKO Tech requires a 50% non-refundable advance payment prior to the commencement of any Project. The remaining 50% is due prior to the final handover, deployment, or transfer of ownership of the Deliverables.
Monthly Retainers: Services billed on a recurring monthly basis (e.g., Social Media Management, SEO, Maintenance) require payment at the beginning of each billing cycle. Failure to pay may result in the immediate suspension of services.
Taxes: All fees are exclusive of Goods and Services Tax (GST) and other applicable taxes unless explicitly stated otherwise. The Client is responsible for paying all appropriate taxes associated with the Services under Indian Law.
6. Revisions and Additional Work
Each Project includes a specific number of revision rounds as defined in the Order. Revisions must be requested within the designated review period. Revisions are intended for minor adjustments and refinements. Complete redesigns, changes to the core structure, or additions outside the original scope will be billed separately at our standard hourly or project rates.
7. Intellectual Property Rights & Ownership
NAKO Tech Property: We retain all intellectual property rights in our pre-existing tools, code libraries, AI models, and proprietary methodologies utilized during the Project.
Client Ownership: Upon full and final payment of all outstanding invoices, NAKO Tech transfers the ownership rights of the final Deliverables (e.g., custom website code, final logo files, finished video exports) to the Client. This does not include raw working files (e.g., layered design files, raw video footage, proprietary scripts) unless explicitly negotiated in the Order.
Portfolio Rights: NAKO Tech reserves the right to showcase the completed Deliverables, Client logos, and case studies in our digital portfolio, social media, and marketing materials, unless a separate Non-Disclosure Agreement (NDA) specifically prohibiting this is executed prior to Project commencement.
8. Third-Party Services and Costs
Our Services may integrate with or require the use of third-party platforms (e.g., Domain Registrars, Web Hosting, Meta Business Manager, Google Ads, CRM software, premium plugins, AI APIs). The Client is solely responsible for all licensing fees, subscription costs, and terms of service associated with these third-party providers. NAKO Tech does not guarantee the uptime, performance, or continued availability of any third-party service.
9. Acceptable Use and User Obligations
When accessing our website or utilizing our Services, you agree not to:
- Use the Services for any unlawful purpose or to promote illegal activities;
- Attempt to reverse engineer, decompile, or hack any software or systems developed by NAKO Tech;
- Transmit malware, viruses, or harmful code;
- Violate the intellectual property or privacy rights of third parties;
- Provide false, misleading, or fraudulent information during the consultation or project phases.
10. Disclaimers: AI, SEO, and Marketing Results
No Guaranteed Results: NAKO Tech utilizes industry-best practices for Digital Marketing, SEO, and AI Automation. However, we do not guarantee specific outcomes, sales volumes, lead generation metrics, or search engine rankings. Digital algorithms and market conditions are dynamic and outside our control.
AI Disclaimer: Artificial Intelligence solutions provided by NAKO Tech rely on third-party models and emerging technologies. We do not warrant that AI-generated content, automation workflows, or chatbot responses will be 100% error-free, completely accurate, or immune to technical hallucinations. The Client is responsible for final review and compliance of all AI outputs used in their business.
"As Is" Delivery: Except as expressly provided herein, all Services and Deliverables are provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
11. Limitation of Liability
To the maximum extent permitted by Indian law, NAKO Tech, its directors, employees, partners, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party; or (c) unauthorized access, use, or alteration of your transmissions or content.
In no event shall NAKO Tech's aggregate liability for all claims relating to the Services exceed the total amount paid by you to NAKO Tech for the specific project or service in the three (3) months preceding the claim.
12. Indemnification
You agree to defend, indemnify, and hold harmless NAKO Tech and its personnel from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of this Agreement; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your provided content caused damage to a third party.
13. Termination and Suspension
Either party may terminate a month-to-month service agreement by providing 15 days' written notice. NAKO Tech reserves the right to immediately suspend or terminate your access to the Services, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement. Upon termination, your right to use the Services will immediately cease, and all outstanding payments for work completed up to the date of termination shall become immediately due and payable. Refunds are strictly governed by our independent Refund & Cancellation Policy.
14. Force Majeure
NAKO Tech shall not be liable for any failure or delay in performance under this Agreement due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, internet outages, cyber-attacks, power failures, or strikes.
15. Dispute Resolution, Governing Law, and Jurisdiction
This Agreement and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of India, specifically the laws applicable in the State of Tamil Nadu, without regard to its conflict of law provisions.
In the event of a dispute, the parties agree to first attempt to resolve the matter amicably through good-faith negotiations for a period of at least 30 days. If the dispute cannot be resolved through negotiation, you expressly agree that the exclusive jurisdiction and venue for any legal proceedings shall be the competent civil courts located in Coimbatore, Tamil Nadu, India. You hereby waive any objection to such jurisdiction or venue.
16. Data Privacy
Your privacy is important to us. The collection, storage, and processing of personal data are governed by our Privacy Policy, which is aligned with the Digital Personal Data Protection Act, 2023 (DPDP Act). By agreeing to these Terms, you also acknowledge and consent to our data practices as outlined in our Privacy Policy and Cookie Policy.
17. Amendments
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 15 days' notice prior to any new terms taking effect. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.
18. Contact Information
If you have any questions, concerns, or legal notices regarding these Terms, please contact us at:
NAKO Tech
28/123-C, MTP Road, Donnington, Kotagiri, The Nilgiris, Tamil Nadu – 643217, India
Phone: +91 86080 77834 / +91 63798 01605
Email: nakotech.in@gmail.com
