Terms of service

1. Who we are, and how these terms fit together

These terms are between you ("you", the business ordering) and DataHarmoni, a sole proprietorship based at B-13, Anupam Enclave Phase 1, New Delhi 110068, India ("we"). Contact: hello@dataharmoni.com. We sell to businesses only. By ordering you confirm that you are ordering for a business and not as a consumer.

These terms, our disclaimer, the quotation and the invoice together make up the contract. For a fix sprint, the Fix Sprint terms also apply. For an agency ordering for its own clients, the Agency terms also apply. If they differ, this order applies: the quotation, but only for scope, price, delivery date and other commercial terms it expressly identifies; then the Agency terms on white-label points; then the Fix Sprint terms on fixes; then these terms. The invoice may not change the scope or price in the quotation. The disclaimer applies alongside all of them.

"Working days" means Monday to Friday, excluding public holidays in New Delhi.

2. How an order becomes a contract

The order goes in this sequence: we send a quotation, you accept it, we send an invoice, you pay it, the contract is formed, and we start work. A quotation can be accepted within 14 days unless it says otherwise. By accepting the quotation and paying the invoice, you agree to these terms and to the scope stated in the quotation and invoice.

3. What we provide

The services described in your quotation: a readiness audit, a fix sprint and a monthly check. Our offer page is a summary; the quotation controls what is included. What is not included is described in each report. A report is delivered when we send you a report covering the pages and the items agreed in the quotation; delivering that report is delivering the audit.

The free snapshot is provided as it is, is not a paid service and creates no contract.

4. What we do not provide

We do not provide legal advice, a certificate of conformance or any statement that your store meets a law or standard. Our findings and their severity ratings are an engineering assessment, not a legal determination. We make no guarantee about regulatory outcomes.

5. Prices and payment

Prices are in US dollars unless the quotation states another currency, and exclude any taxes that apply. The audit is paid in advance. A fix sprint is quoted after the audit; we ask for half in advance and half on delivery, as the Fix Sprint terms describe. Monthly checks are billed monthly in advance. Invoices are due within seven days of the invoice date. If an undisputed invoice is overdue, we may pause work until it is paid.

6. What we need from you

The address of the store, and confirmation that you own it or are authorised to ask us to test it. For fixes, the access described in the Fix Sprint terms.

You confirm that you have the right to instruct us and to give us any access we ask for, and that the material you give us (for example a theme, code, images or text) does not infringe anyone else's rights. If a third party makes a claim against us because you gave us an instruction or access you were not authorised to give, or because material you provided infringes its rights, you will cover our reasonable losses from that claim, including reasonable legal costs, to the extent they result from those matters. This applies only to those matters.

7. Delivery

We aim to deliver an audit within three working days of receiving payment. Dates depend on you giving us what we need in good time.

8. Corrections, re-scans and further audits

These are three different things.

• Report correction. If we made a factual or transcription error in a report, we correct it at no charge.
• Free re-scan. An audit includes one re-scan of the same agreed pages. You ask for it within 30 days after delivery, we re-scan once, and we send you the results by email. A fix sprint includes its own re-test, which is separate.
• Further audit. Extra pages, material changes to the theme, new apps or additional testing are a new service, quoted separately.

9. Cancellation and refunds

Work starts when we begin testing your store; for a fix sprint, when we first change your environment. If you cancel before work starts, we will provide a full refund. Once work has started, fees are non-refundable, except as applicable law requires, as the next sentence provides, and as the Fix Sprint terms provide for a fix sprint. If we fail to deliver an agreed service, we will first correct or re-perform the affected work; where that is not reasonably possible, we will refund the amount paid for the undelivered portion.

10. Ownership

• What you own. When the fees for a service are paid in full (for a fix sprint ended early, including any difference due under section 9 of the Fix Sprint terms), you own the deliverables made specifically for you: your report and the code we write for your store.
• What we keep. We keep our tools, scanner, code libraries, templates, checklists, methods, report structure and know-how. We may reuse general techniques and generic fixes that do not reveal your confidential information.
• Third-party software. Themes, apps, platforms and other third-party software remain subject to their own licences.

11. Monthly checks

A monthly check is a re-scan of the pages named in the quotation, once each calendar month, with a short summary of what changed and an email when a scan finds new findings on those pages. It is a periodic check and not continuous monitoring, and it is delivered when we send that summary. Writing alt text for new products is included only if the quotation says so and you give us the limited store access it needs, on the same terms as section 3 of the Fix Sprint terms. We do not need customer or order data; if the access you give exposes it, we do not copy or keep it. You can cancel by email at any time; the cancellation takes effect from the next billing date, and we do not refund a month already billed.

12. Confidentiality and data

We keep what you tell us and what we find confidential and use it only to deliver the service. We handle personal data as described in the privacy notice.

13. Our standard of work, and warranties

We provide the services with reasonable skill and care. Except as stated in these terms, and to the extent the law allows, we give no other warranties, express or implied, including any warranty that a store will be free of accessibility barriers or that a fix will work with every app, theme or browser.

14. Liability

To the extent the law allows:

• we are not liable for indirect or consequential loss, loss of profit, revenue, goodwill or anticipated savings, or business interruption; and
• our total liability for all claims connected with a service is limited to the fees paid or payable for that service (for a monthly check, the fees for the month in which the claim arose).

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited.

15. Governing law

These terms are governed by the laws of India, and the courts at New Delhi have jurisdiction, unless the law where you are based gives you rights that cannot be waived.

16. Changes

We may update these terms. The versions of these terms, and of any Fix Sprint or Agency terms, that apply to an order are those on the site when you accept the quotation. We keep copies with the order and send them on request.