1. About eSparkBiz

eSparkBiz Technologies Private Limited is an India-based technology services company providing software development and technology consulting services to businesses.

Our services may include:

  • Custom software development
  • Web application development
  • Mobile application development
  • UI/UX design
  • Cloud and DevOps services
  • Dedicated development teams
  • Software consulting
  • Enterprise technology solutions
  • Digital transformation services
  • Maintenance and support
  • Other technology-related services

Specific services provided to a client are governed by the applicable proposal, statement of work, master services agreement, order form, or other written agreement between eSparkBiz and the client.

2. Acceptance of These Terms

By accessing, browsing, or using the Website, you confirm that:

  • You have the legal capacity to enter into these Terms;
  • You are using the Website for lawful purposes;
  • You will comply with these Terms and applicable laws;
  • Any information you provide to us is accurate and not misleading.

If you access the Website on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Website Use

You may use the Website for legitimate business and informational purposes.

You agree not to:

  • Use the Website for any unlawful or fraudulent purpose;
  • Attempt to gain unauthorized access to the Website or its systems;
  • Interfere with the operation, security, or availability of the Website;
  • Introduce malicious code, viruses, malware, or other harmful material;
  • Scrape, crawl, copy, reproduce, or systematically extract Website content without our prior written permission;
  • Reverse engineer or attempt to derive the underlying source code of the Website;
  • Impersonate another person or organization;
  • Submit false, misleading, or fraudulent information;
  • Use the Website to transmit spam or unsolicited communications;
  • Use the Website in a manner that could damage our reputation or business;
  • Circumvent security or access controls; or
  • Use the Website in violation of applicable laws or regulations.

We reserve the right to restrict or terminate access to the Website where we reasonably believe these Terms have been violated.

4. Website Content

The content available on the Website, including text, graphics, images, illustrations, logos, icons, videos, case studies, articles, blog posts, software, designs, and other materials (“Content”), is provided for general informational and business purposes.

We make reasonable efforts to keep Website Content accurate and current. However, we do not guarantee that all Content will always be complete, accurate, current, or error-free.

Information published on the Website should not be considered a binding offer, quotation, professional advice, or contractual commitment unless expressly stated otherwise in a written agreement signed by an authorized representative of eSparkBiz.

5. Services and Project Information

Descriptions of our services, technologies, capabilities, methodologies, case studies, project examples, timelines, pricing information, and other business information displayed on the Website are provided for general informational purposes.

Actual project scope, deliverables, technology choices, timelines, pricing, resource allocation, warranties, support obligations, and other commercial terms may vary depending on the specific project.

A client engagement becomes binding only when the applicable commercial and contractual documents have been accepted or executed by the relevant parties.

6. Estimates, Proposals, and Quotations

Any estimates, pricing information, timelines, resource plans, proposals, or quotations communicated through the Website or during preliminary discussions are subject to change unless expressly confirmed in a binding written agreement.

Project estimates may depend on assumptions, requirements, dependencies, third-party services, technical constraints, and information available at the time the estimate is prepared.

A final scope, price, timeline, and delivery commitment will be governed by the applicable written agreement or statement of work.

7. Intellectual Property

Unless otherwise stated, all intellectual property rights in the Website and its Content belong to eSparkBiz Technologies Private Limited or its applicable licensors.

This may include:

  • Website design and layout
  • Branding and trademarks
  • Logos
  • Text and written content
  • Graphics and visual materials
  • Software and code
  • UI/UX elements
  • Documentation
  • Videos and media
  • Website architecture and presentation
  • Other proprietary materials

You may view and use the Website for its intended purpose. You may not reproduce, modify, distribute, publish, transmit, sell, license, create derivative works from, or commercially exploit Website Content without our prior written permission, except where expressly permitted by applicable law.

8. Trademarks

The eSparkBiz name, logo, branding, service names, and related marks are owned by or licensed to eSparkBiz Technologies Private Limited, unless otherwise indicated.

You may not use our trademarks, branding, or logos in a manner that suggests sponsorship, endorsement, affiliation, or partnership without our prior written authorization.

Third-party trademarks appearing on the Website remain the property of their respective owners.

9. User-Submitted Information

If you submit information, content, project requirements, documents, feedback, or other materials to eSparkBiz through the Website or other communication channels, you represent that:

  • You have the right to provide such information;
  • Providing the information does not violate any law or third-party rights;
  • The information is not knowingly false, misleading, or fraudulent; and
  • You will not knowingly provide malicious code or harmful materials.

We may use submitted information for the purposes for which it was provided, including responding to inquiries, evaluating project requirements, preparing proposals, and communicating with you.

The handling of personal information is governed by our Privacy Policy.

10. Confidential Information

Information submitted through a general website inquiry should not automatically be considered confidential unless the parties have entered into an applicable confidentiality agreement or the information is otherwise protected under applicable law.

If you intend to share confidential or proprietary information, you should contact eSparkBiz regarding an appropriate confidentiality or non-disclosure agreement before disclosing such information.

Where a separate NDA or confidentiality agreement exists between the parties, that agreement will govern confidential information to the extent of any conflict.

11. Client Engagements

Once eSparkBiz and a client enter into a separate written agreement, the terms of that agreement will govern the relevant services and relationship.

Such agreements may include:

  • Master Services Agreements
  • Statements of Work
  • Work Orders
  • Service Agreements
  • Non-Disclosure Agreements
  • Data Processing Agreements
  • Support and Maintenance Agreements
  • Other written commercial agreements

If there is a conflict between these Website Terms and a specific written agreement governing an eSparkBiz service engagement, the specific written agreement will prevail for that engagement.

12. Third-Party Services and Links

The Website may contain links to third-party websites, applications, software, platforms, or services.

These third-party services are independently operated and may be subject to their own terms and privacy policies.

eSparkBiz does not control and is not responsible for:

  • Availability of third-party services;
  • Content published by third parties;
  • Third-party privacy practices;
  • Third-party security practices;
  • Accuracy of third-party information; or
  • Any loss or damage resulting from your use of third-party services.

Your use of third-party services is subject to the terms established by the relevant third-party provider.

13. Availability and Website Changes

We may modify, update, suspend, or discontinue all or part of the Website at any time, with or without notice.

We do not guarantee that the Website will:

  • Always be available;
  • Operate without interruption;
  • Be free from errors;
  • Be free from security vulnerabilities; or
  • Be compatible with every device, browser, or operating system.

We may perform maintenance, upgrades, security measures, or other changes that temporarily affect Website availability.

14. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Website and its Content are provided on an “as is” and “as available” basis.

We do not make warranties or representations that:

  • The Website will always be available or uninterrupted;
  • Website Content will always be complete, accurate, or current;
  • The Website will be free from errors, defects, or vulnerabilities;
  • The Website will meet every user’s specific requirements; or
  • Information obtained through the Website will always be suitable for a particular purpose.

Nothing in these Terms excludes any warranty, right, or protection that cannot lawfully be excluded under applicable law.

15. Limitation of Liability

To the maximum extent permitted by applicable law, eSparkBiz Technologies Private Limited and its directors, officers, employees, affiliates, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to your use of, or inability to use, the Website.

This may include loss of:

  • Profits;
  • Revenue;
  • Business opportunities;
  • Data;
  • Goodwill;
  • Business interruption; or
  • Anticipated savings.

Nothing in these Terms limits or excludes liability to the extent such limitation or exclusion is prohibited under applicable law.

For client engagements, any limitation of liability applicable to the services provided by eSparkBiz will be governed by the applicable written client agreement.

16. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless eSparkBiz Technologies Private Limited and its directors, officers, employees, affiliates, and representatives from claims, liabilities, damages, losses, costs, and expenses arising from:

  • Your violation of these Terms;
  • Your unlawful use of the Website;
  • Your violation of applicable law;
  • Your infringement of another person’s intellectual property or other rights; or
  • Information or materials you submit to the Website in violation of these Terms or applicable law.

This provision does not apply to the extent that the relevant claim results from eSparkBiz’s own unlawful conduct or other circumstances where indemnification cannot legally be required.

17. Privacy

Your use of the Website may involve the collection and processing of personal information.

Our collection and processing of personal information is described in our Privacy Policy.

By using the Website, you acknowledge that you have reviewed the Privacy Policy.

18. Security

You must not attempt to compromise or circumvent the security of the Website or our systems.

Prohibited activities include:

  • Unauthorized access attempts;
  • Security testing without authorization;
  • Port scanning or vulnerability exploitation without authorization;
  • Introducing malware or malicious code;
  • Attempting to disrupt Website availability;
  • Circumventing authentication or access controls; and
  • Accessing data or systems that you are not authorized to access.

We may investigate suspected security violations and take appropriate legal or technical action.

19. Feedback

If you provide suggestions, comments, ideas, or other feedback regarding our Website, services, products, or business (“Feedback”), you agree that we may use such Feedback for legitimate business purposes without obligation to compensate you, unless otherwise agreed in writing.

We will not use Feedback in a manner that identifies you personally without appropriate authorization where required by applicable law.

20. Case Studies, Testimonials, and Client References

Where we publish client names, logos, testimonials, case studies, project descriptions, or references, we will seek to use such information in accordance with applicable permissions, agreements, or authorizations.

Project results, performance metrics, timelines, and outcomes described in case studies may vary between projects and should not be interpreted as guarantees of future results.

21. Suspension or Termination

We may suspend or restrict your access to the Website where reasonably necessary, including where:

  • You violate these Terms;
  • Your use presents a security risk;
  • Your activities may harm the Website or our systems;
  • Required by law; or
  • We discontinue or materially change the Website.

Provisions that by their nature should survive termination, including intellectual property, disclaimers, limitations of liability, indemnification, and governing law, will survive as applicable.

22. Governing Law

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

Subject to any mandatory provisions of applicable law, courts having appropriate jurisdiction in Ahmedabad, Gujarat, India shall have jurisdiction over disputes arising out of or relating to these Terms.

Where a separate written agreement between eSparkBiz and a client contains specific dispute-resolution provisions, those provisions will govern the relevant client relationship.

23. Changes to These Terms

We may update these Terms from time to time.

When changes are made, we will update the “Last Updated” date at the top of this page.

Your continued use of the Website after updated Terms are published constitutes your acceptance of the revised Terms, to the extent permitted by applicable law.

We encourage you to review these Terms periodically.

24. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be modified or limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

25. Entire Agreement

These Terms, together with our Privacy Policy and any other policies expressly incorporated by reference, constitute the terms governing your use of the Website.

For specific client engagements, the applicable written agreement between eSparkBiz and the client will govern the relevant services and relationship.

26. No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision or any other provision in the future.

27. Contact Us

If you have questions regarding these Terms and Conditions, please contact us:

eSparkBiz Technologies Private Limited

Registered/Business Address:
12th Floor, The Orion,
Near Lotus Temple, SG Highway,
Ahmedabad – 382481, Gujarat, India.