Terms of Service

Welcome to UpTech Consulting. These Terms of Service ("Terms") govern your access to and use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Services Overview

UpTech Consulting provides cybersecurity consulting, technology advisory, and staff augmentation services, including but not limited to:

Cybersecurity consulting and strategic advisory
Vulnerability Assessment and Penetration Testing (VAPT)
Compliance and GRC (Governance, Risk, and Compliance) advisory
Cloud security and architecture review
Incident response and threat intelligence
Digital risk protection and brand monitoring
Staff augmentation for cybersecurity roles
Security Operations Center (SOC) services

2. Acceptance of Terms

By using our website or engaging our services, you represent that:

You are at least 18 years of age
You have the legal authority to enter into these Terms
You will comply with all applicable laws and regulations
All information provided to us is accurate and complete

3. Service Engagement

3.1 Consulting Services

Engagement of our consulting services is subject to:

Execution of a formal Statement of Work (SOW) or Master Services Agreement (MSA)
Mutual agreement on scope, deliverables, timelines, and fees
Compliance with our engagement policies and procedures
Payment of agreed fees and expenses

3.2 Staff Augmentation

Staff augmentation services are provided under separate engagement agreements that specify:

Role descriptions and required qualifications
Duration of engagement (short-term, long-term, project-based)
Rates, payment terms, and billing schedules
Termination clauses and notice periods

4. User Responsibilities

When using our services, you agree to:

Provide accurate, complete, and timely information
Maintain the confidentiality of any login credentials
Cooperate with our team and provide necessary access and resources
Comply with all applicable laws, regulations, and industry standards
Not use our services for any unlawful or fraudulent purposes
Not attempt to access systems or data without authorization
Respect intellectual property rights

5. Confidentiality

Both parties acknowledge that during the course of engagement, they may have access to confidential information. We agree to:

Maintain strict confidentiality of all client information
Use confidential information solely for the purpose of delivering services
Implement appropriate security measures to protect confidential data
Execute Non-Disclosure Agreements (NDAs) when required
Return or destroy confidential information upon request or engagement termination

Confidential information does not include information that is publicly available, independently developed, or disclosed with authorization.

6. Intellectual Property

6.1 Our Property

All content on our website, including text, graphics, logos, methodologies, tools, and software, is the property of UpTech Consulting and is protected by copyright, trademark, and other intellectual property laws.

6.2 Client Property

All pre-existing intellectual property owned by the client remains the property of the client.

6.3 Work Product

Ownership of deliverables and work product will be specified in the engagement agreement. Unless otherwise specified:

Client owns deliverables specifically created for their engagement
UpTech Consulting retains ownership of methodologies, frameworks, and tools
UpTech Consulting may use anonymized data and insights for research and improvement

7. Fees and Payment

Our fee structure varies based on the type of service:

Fixed-Price Projects: Total project cost agreed upfront
Time and Materials: Billing based on hours worked and resources utilized
Retainer Arrangements: Monthly or quarterly retainer fees
Staff Augmentation: Per-person, per-day/month rates

Payment terms:

Payment terms are typically Net 30 days from invoice date
Late payments may incur interest charges as per Indian law
We reserve the right to suspend services for non-payment
All fees are exclusive of applicable taxes (GST, etc.)

8. Warranties and Disclaimers

8.1 Service Warranties

We warrant that:

Services will be performed in a professional and workmanlike manner
Our consultants have appropriate qualifications and experience
We will comply with applicable laws and industry standards
We will use reasonable efforts to meet agreed timelines

8.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THE ENGAGEMENT AGREEMENT:

SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
WE DO NOT GUARANTEE SPECIFIC RESULTS OR OUTCOMES
WE ARE NOT RESPONSIBLE FOR CLIENT'S IMPLEMENTATION DECISIONS
CYBERSECURITY IS AN EVOLVING FIELD; NO SYSTEM CAN BE GUARANTEED 100% SECURE

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM
WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
WE SHALL NOT BE LIABLE FOR LOSSES RESULTING FROM CLIENT'S FAILURE TO IMPLEMENT RECOMMENDATIONS
WE SHALL NOT BE LIABLE FOR THIRD-PARTY ACTIONS OR BREACHES

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless UpTech Consulting, its officers, employees, and consultants from any claims, liabilities, damages, or expenses arising from:

Your violation of these Terms
Your violation of applicable laws or regulations
Your misuse of our services
Infringement of third-party intellectual property rights
Unauthorized access or disclosure of information

11. Termination

11.1 By Client

Client may terminate services by providing written notice as specified in the engagement agreement. Client remains responsible for:

Fees for work completed up to the termination date
Reimbursement of expenses incurred
Payment of any early termination fees if applicable

11.2 By UpTech Consulting

We may terminate services immediately if:

Client breaches these Terms or the engagement agreement
Client fails to make timely payments
Client engages in unethical or illegal conduct
Continuation would violate legal or ethical obligations

11.3 Effect of Termination

Upon termination:

All outstanding fees become immediately due
Each party shall return or destroy confidential information
Provisions regarding confidentiality, intellectual property, and limitation of liability survive

12. Compliance and Regulatory

Our services are designed to assist with compliance to various standards and regulations, including:

ISO 27001 (Information Security Management)
SOC 2 (Service Organization Control)
NIST Cybersecurity Framework
RBI guidelines for financial institutions
CERT-In cybersecurity directions
India's Digital Personal Data Protection Act (DPDP Act)
Industry-specific regulations as applicable

Ultimate responsibility for compliance remains with the client. We provide advisory services and recommendations; implementation decisions are the client's responsibility.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

13.2 Jurisdiction

The courts of Hyderabad, Telangana, India shall have exclusive jurisdiction over any disputes arising from these Terms or our services.

13.3 Arbitration

Any disputes shall first be attempted to be resolved through good faith negotiations. If unsuccessful, disputes may be resolved through arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended.

14. Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including:

Natural disasters, pandemics, or acts of God
War, terrorism, or civil unrest
Government actions or regulations
Internet or telecommunications failures
Cyber attacks affecting critical infrastructure

15. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting on our website with an updated "Last Updated" date. Continued use of our services after changes constitutes acceptance of the modified Terms.

For active engagements, material changes will be communicated in writing, and existing agreements will be governed by the Terms in effect at the time of agreement execution.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with any engagement agreement, constitute the entire agreement between you and UpTech Consulting regarding our services and supersede all prior agreements and understandings.