Master Services Agreement

Terms & Conditions

Comprehensive contractual terms governing all software development engagements, custom system delivery, intellectual property ownership, milestone payments, 1-year free hosting, and liability policies for HEWN CRAFT STUDIO.

Effective Date: August 5, 2026 • Agreement Version: 2.4 • Jurisdiction: Surat, Gujarat, India
Terms Sections
  • 1. Acceptance & Binding Scope
  • 2. Engineering Services Scope
  • 3. IP Rights & Work-for-Hire
  • 4. Invoicing, Payments & Late Fees
  • 5. 1-Year Free Hosting & Support
  • 6. Client Obligations & Feedback
  • 7. Confidentiality & Non-Disclosure
  • 8. Warranties & Disclaimers
  • 9. Limitation of Liability
  • 10. Agreement Termination
  • 11. Governing Law & Arbitration

1. Acceptance & Binding Agreement

These Terms & Conditions ("Terms", "Agreement") constitute a legally binding agreement between you (whether individually or on behalf of an entity, hereinafter "Client", "You") and HEWN CRAFT STUDIO (founded by Dharmik Gohil, Surat, Gujarat, India, hereinafter "HEWN CRAFT", "Studio", "We").

By accessing our website, issuing a purchase order, executing a Statement of Work (SOW), or engaging HEWN CRAFT for website development, mobile application development, custom software engineering, CRM buildout, ERPNext deployment, AI agent automation, or VR/AR spatial product creation, you explicitly accept and agree to be bound by these Terms in full.

2. Engineering Services & Project Scope

HEWN CRAFT provides full-stack technology and custom software engineering services across four primary engagement models: Full-Cycle Development, Co-Development, Developer Outstaffing, and Dedicated Team models.

A. Statements of Work (SOW) & Deliverables

Specific project deliverables, milestones, technical specifications, timelines, and fees shall be defined in written Statements of Work (SOW) or project proposals mutually signed by both parties. Any technical modification or feature addition outside the SOW scope shall require a formal Change Request (CR) evaluated for timeline and cost impacts.

B. Acceptance Testing & Sign-off

Upon completion of each project milestone, Client shall have seven (7) business days ("Acceptance Window") to perform User Acceptance Testing (UAT) against agreed technical criteria. If no formal bug report or rejection notice is submitted within seven business days, the milestone shall be deemed fully accepted and approved.

3. Intellectual Property (IP) Rights & Work-for-Hire

We enforce complete clarity regarding software copyright, source code, and intellectual property ownership:

100% Client Ownership Guarantee: Upon full and final settlement of all invoices associated with a project milestone, HEWN CRAFT hereby assigns and transfers all rights, titles, source code, design assets, database schemas, and intellectual property developed specifically for the Client under that SOW to the Client on a work-for-hire basis.

A. Studio Retained Assets

HEWN CRAFT retains full ownership of pre-existing software frameworks, generic utility libraries, open-source boilerplate tools, and internal development methodologies ("Studio Background IP") utilized during construction. Client receives a non-exclusive, perpetual, royalty-free license to use Studio Background IP solely as embedded within the delivered software.

B. Portfolio & Marketing Rights

Unless explicitly restricted by a signed Non-Disclosure Agreement (NDA) or white-label contract clause, Client grants HEWN CRAFT the non-exclusive right to display completed project screenshots, logos, and generalized case studies on the studio website and portfolio channels for promotional purposes.

4. Invoicing, Payments & Late Fees

Payment Term Standard Schedule & Policy
Milestone Structure Standard 40% initial deposit prior to kickoff, 40% upon mid-project beta delivery, 20% prior to final production deployment & source code handoff.
Payment Window All invoices are strictly net-15 days from the date of issue. Accepted payment methods include SWIFT bank transfers, UPI, wire transfers, and authorized payment gateways.
Multi-Currency Terms Invoices issued in USD, EUR, GBP, or INR shall be paid in the specified currency. Currency conversion fees or intermediary bank fees are the responsibility of the payer.
Late Payment Interest Invoices unpaid after 15 calendar days shall accrue interest at the rate of 1.5% per month (or the maximum statutory limit) on the outstanding balance until settled.

5. 1-Year Free Hosting & Maintenance Terms

Every custom project delivered by HEWN CRAFT includes 1 Year of Complimentary Premium Hosting and 1 Year of Complimentary Maintenance Support under the following conditions:

  • Complimentary Hosting Scope: Includes managed high-performance edge server hosting, free SSL certificate setup, automated CDN routing, and weekly database backups for up to 12 months post-launch.
  • Complimentary Maintenance Scope: Covers bug fixes, security patches, and critical dependency updates for issues originating directly from HEWN CRAFT's codebase.
  • Exclusions: Excludes third-party API breaking changes, client modifications/tampering with core code, domain renewal fees, or major feature enhancements outside the original SOW.
  • Renewal Terms: Hosting and maintenance agreements may be renewed annually at standard studio rates upon expiration of the 12-month period.

6. Client Obligations & Feedback Deadlines

Timely project execution relies on collaborative feedback. Client agrees to:

  1. Provide timely access to required third-party credentials, brand assets, API keys, and domain DNS settings necessary for development.
  2. Designate a single primary point of contact authorized to approve milestones and sign off on technical changes.
  3. Respond to design mockups, code previews, and feedback requests within five (5) business days. Project delays caused by client inaction exceeding 14 calendar days may result in timeline rescheduling and pro-rata re-mobilization fees.

7. Confidentiality & Non-Disclosure (NDA)

Both parties agree that all non-public technical specifications, trade secrets, customer lists, business strategies, source code, and financial information disclosed during the engagement shall be held in strict confidence.

Confidential information shall not be disclosed to any third party without prior written consent, except to employees, subcontractors, and legal advisors who require access for project execution and are bound by equivalent confidentiality obligations. Confidentiality obligations remain binding for three (3) years post-project completion.

8. Warranties & Technical Disclaimers

HEWN CRAFT warrants that all software services shall be performed in a professional, workmanlike manner conforming to industry software engineering standards.

Warranty Disclaimer: Except for express warranties set forth herein, all services, applications, and VR/AR software are provided "AS IS" and "AS AVAILABLE". HEWN CRAFT disclaims all implied warranties of merchantability, fitness for a particular purpose, or uninterrupted zero-downtime operation caused by third-party infrastructure failures (e.g. AWS, Cloudflare, Apple App Store policies).

9. Limitation of Liability

To the maximum extent permitted by applicable law:

  • Cap on Damages: The maximum aggregate liability of HEWN CRAFT STUDIO, its founder, employees, or contractors arising out of or related to any project engagement shall not exceed the total fees actually paid by Client to HEWN CRAFT under the specific SOW in the six (6) months preceding the claim.
  • Exclusion of Consequential Loss: In no event shall HEWN CRAFT be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, business interruption, or reputation damage, regardless of theory of liability.

10. Agreement Termination

Either party may terminate an active SOW or service agreement under the following conditions:

  • Termination for Convenience: Client may terminate a project at any time by providing fourteen (14) days prior written notice, provided Client pays for all work completed and milestones achieved up to the effective termination date.
  • Termination for Cause: Either party may terminate immediately if the other party breaches a material term of this Agreement and fails to cure such breach within fourteen (14) days of receiving written breach notification.

11. Governing Law & Dispute Resolution

These Terms & Conditions and all legal relations between the parties shall be governed by, construed, and enforced in accordance with the laws of the Republic of India, without regard to its conflict of law principles.

In the event of any dispute, claim, or controversy arising from this Agreement, the parties shall first attempt in good faith to resolve the dispute through informal negotiations for a period of thirty (30) calendar days. Any dispute not resolved through negotiation shall be submitted to exclusive binding arbitration in Surat, Gujarat, India under the Arbitration and Conciliation Act of India. The courts located in Surat, Gujarat shall have exclusive territorial jurisdiction over any legal proceedings.

Official Contract Contact:
Legal Affairs & Contracting Department — HEWN CRAFT STUDIO
Founder & Principal: Dharmik Gohil
Surat, Gujarat, India • Pin: 395001
Direct Contact Email: hewncraftstudio@gmail.com
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