Terms of Service

These Terms explain the rules, responsibilities, and legal conditions for using our website and services.

KEY COMMITMENTS

  • We sign comprehensive NDAs with ALL clients (B2B and B2C)
  • Client information is NEVER disclosed without explicit written permission
  • Credit card details are NEVER stored on our servers
  • HIPAA-compliant Business Associate Agreements for US healthcare projects
  • White Label partners' end-clients are never contacted without authorization
  • All website content and intellectual property is protected by copyright

1. Acceptance of Terms

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("Client", "you", "your") and Enstacked Technologies ("Company", "we", "us", "our"), a company registered in Gujarat, India, governing your use of the enstacked.com website ("Website") and all services provided by us.

IMPORTANT: BY ACCESSING OUR WEBSITE, ENGAGING OUR SERVICES, OR ENTERING INTO ANY SERVICE AGREEMENT WITH US, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF OUR WEBSITE AND SERVICES.

These Terms apply to all visitors, users, clients, agency partners, and any other parties who access our Website or engage our services.

2. Services Offered

Enstacked Technologies provides comprehensive IT services globally:

2.1 White Label Agency Services

Development and design services rebranded under your agency: Shopify Development, WordPress Development, UX/UI Design, and Digital Marketing services.

2.2 Ecommerce Development

Shopify, WooCommerce, and Custom Ecommerce Solutions.

2.3 CMS Development

WordPress and Custom CMS Solutions.

2.4 Headless Ecommerce & CMS Development

React, Next.js, Headless Ecommerce and CMS solutions with modern decoupled architectures.

2.5 Custom Software Development

Web Applications, React, Node.js, Salesforce, and Enterprise Solutions.

2.6 Staff Augmentation (B2B Dedicated Resources)

Dedicated developers and specialists in: React, Node.js, Next.js, Salesforce, Shopify, UX/UI Design, and WordPress.

Service scope, pricing, deliverables, and timelines are defined in separate Statements of Work (SOW), proposals, or service agreements executed between parties.

3. White Label Agency Services - Special Terms

3.1 Absolute Confidentiality

We execute comprehensive Non-Disclosure Agreements (NDAs) with ALL White Label partners. Your end clients will NEVER know that work is outsourced or that Enstacked Technologies is involved. All deliverables are provided without any Enstacked branding and are presented entirely under your agency's name and branding.

3.2 No Direct Contact Policy

STRICT POLICY: Enstacked Technologies will NEVER contact your end clients directly, reveal our involvement, or disclose the nature of our partnership without your explicit prior written authorization. Any such contact shall constitute a material breach of our agreement.

3.3 Intellectual Property Transfer

Upon receipt of full payment for White Label services, all intellectual property rights in custom deliverables created specifically for the project shall transfer to the agency partner or their designated end client as specified in the SOW. We retain no rights to use, display, reference, or include such work in our portfolio without explicit written consent.

3.4 Protection of Partner Information

All information received from agency partners about their business operations, client lists, pricing structures, strategies, end-client details, trade secrets, and proprietary data is treated with the highest level of confidentiality and processed solely for project delivery purposes.

4. Staff Augmentation - Special Terms

4.1 Employment Status

All dedicated resources provided under Staff Augmentation engagements remain employees of Enstacked Technologies. NO employment, contractor, or agency relationship is created between the Client and the dedicated resources. Enstacked Technologies is solely responsible for all employment-related obligations including compensation, benefits, taxes, insurance, and statutory compliance.

4.2 Non-Solicitation Clause

STRICT NON-SOLICITATION: Client agrees not to directly or indirectly solicit, recruit, hire, engage, or attempt to solicit, recruit, hire, or engage any dedicated resource provided by Enstacked Technologies, either as an employee, contractor, consultant, or in any other capacity, during the engagement period AND for a period of THIRTY-SIX (36) MONTHS following the termination or expiration of services, unless otherwise agreed in writing with payment of a recruitment fee.

4.3 Notice Period

Staff Augmentation services require a minimum notice period of FIFTEEN (15) to THIRTY (30) DAYS for cancellation, termination, or resource changes, as specified in the applicable SOW. Billing for the notice period applies regardless of whether the resource is actively utilized during this time.

4.4 Resource Replacement

If a dedicated resource is unavailable for reasons beyond our control (illness, resignation, etc.), we will provide a replacement resource of equivalent skill level within a reasonable timeframe. Credits may be provided for extended unavailability at our discretion.

5. Healthcare Projects & HIPAA Compliance

5.1 Applicability

This section applies when Enstacked Technologies provides services to US healthcare clients (Covered Entities or their Business Associates) involving the creation, receipt, maintenance, transmission, or access to Protected Health Information (PHI), including but not limited to: healthcare websites with patient forms, patient portals, drug portals, appointment scheduling systems, EHR/EMR integrations, telemedicine platforms, or any system handling health-related data.

5.2 Business Associate Agreement Requirement

MANDATORY: Before any PHI is shared with Enstacked Technologies, the healthcare client (Covered Entity) MUST execute a Business Associate Agreement (BAA) with us. We will NOT accept, process, store, or transmit any PHI without a fully executed BAA in place. Clients must proactively inform us if their project involves PHI before project commencement.

5.3 Our HIPAA Obligations

As a Business Associate, we commit to:

  • Use and disclose PHI only as permitted by the BAA and HIPAA regulations
  • Implement administrative, physical, and technical safeguards per the HIPAA Security Rule
  • Encrypt PHI using AES-256 at rest and TLS 1.2+ in transit
  • Maintain audit logs and access controls
  • Apply the Minimum Necessary standard to limit PHI access
  • Report Breaches of Unsecured PHI within 30 days of discovery
  • Ensure subcontractors are bound by equivalent BAA obligations
  • Make PHI available for individual access and amendment requests
  • Maintain records for accounting of disclosures
  • Return or destroy PHI upon termination

5.4 Client HIPAA Responsibilities

The healthcare client (Covered Entity) is responsible for: executing the BAA before sharing PHI; informing us of any restrictions on PHI use; notifying us of consent revocations; ensuring requests do not violate HIPAA; and maintaining their own HIPAA compliance obligations.

6. Payment Terms

6.1 Pricing

Service pricing is as agreed in the applicable SOW, proposal, or service agreement. All prices are exclusive of applicable taxes, duties, and government levies unless explicitly stated otherwise. We reserve the right to adjust pricing with reasonable notice for ongoing engagements.

6.2 Advance Payment

We may require advance payment or deposits before commencing work, as specified in the SOW. Advance payments are credited against final invoices and are non-refundable except as expressly provided herein.

6.3 Payment Due Date

Invoices are due within SEVEN (7) to TEN (10) DAYS of invoice date unless otherwise specified. Time is of the essence with respect to payment obligations.

6.4 Late Payment

LATE PAYMENT CONSEQUENCES: Overdue invoices may incur interest at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower). We reserve the right to suspend all services, withhold deliverables, and terminate engagements for accounts more than 15 days overdue. Client remains liable for all collection costs, including reasonable attorney fees.

6.5 Payment Security

Payments are processed through secure third-party payment gateways (e.g., bank transfer, PayPal, Stripe). We NEVER store credit card numbers, CVV codes, or complete card details on our systems. All payment data is handled by PCI-DSS compliant processors.

7. Cancellation & Refund Policy

7.1 Client Cancellation - Project Services

If you choose to cancel a project, you will be invoiced for all work completed and expenses incurred up to the cancellation date, plus any non-cancellable commitments made on your behalf. Advance payments are non-refundable but will be credited against amounts owed.

7.2 Client Cancellation - Staff Augmentation

Staff Augmentation cancellation requires the applicable notice period (15-30 days). Full billing applies during the notice period regardless of resource utilization. Early termination without proper notice requires payment of the full notice period amount.

7.3 Our Right to Cancel

We reserve the right to cancel or terminate any engagement at our sole discretion for: material breach of these Terms; non-payment; fraudulent activity; unethical requests; circumstances that pose legal, reputational, or operational risk; or force majeure events. If we cancel for reasons not attributable to Client, we will refund prepaid amounts for undelivered services.

7.4 Refund Policy

GENERAL POLICY: Refunds are evaluated on a case-by-case basis at our sole discretion. We do not provide refunds for completed work, staff augmentation services rendered, or circumstances where Client is in breach. Any refund approval is without admission of liability.

8. Intellectual Property Rights

8.1 Our Website Content

ALL content on the Enstacked Technologies website—including but not limited to logos, designs, text, graphics, images, photographs, icons, code, software, data compilations, and their arrangement—is the exclusive property of Enstacked Technologies and is protected by copyright, trademark, and other intellectual property laws. No part of our website may be reproduced, distributed, modified, republished, displayed, transmitted, or used in any manner without our prior written authorization. Unauthorized use may result in legal action.

8.2 Client Intellectual Property

Client retains all rights to their pre-existing intellectual property, including ideas, strategies, business plans, trade secrets, trademarks, and proprietary information shared with us. Such information is protected under NDA and will not be used, disclosed, or reproduced without authorization.

8.3 Project Deliverables

Upon receipt of FULL PAYMENT, intellectual property rights in custom deliverables created specifically for the Client shall transfer to the Client as specified in the SOW, subject to: (a) any third-party licenses that may apply to incorporated components; (b) our right to retain and use general knowledge, skills, and experience gained; (c) any pre-existing materials as described below.

8.4 Pre-Existing and Reusable Materials

Any pre-existing intellectual property, proprietary tools, frameworks, templates, libraries, methodologies, or reusable components developed by Enstacked Technologies independently or prior to the engagement remain our exclusive property. Client receives a non-exclusive, non-transferable, royalty-free license to use such materials solely as incorporated into their deliverables.

8.5 Third-Party Materials

Deliverables may incorporate third-party software, plugins, themes, or components subject to their own license terms (e.g., GPL, MIT, proprietary licenses). Client is responsible for compliance with all such third-party license obligations.

9. Confidentiality & Non-Disclosure

WE MAINTAIN ABSOLUTE CONFIDENTIALITY. We sign comprehensive Non-Disclosure Agreements (NDAs) with ALL clients—both B2B and B2C.

Confidential Information includes, without limitation:

  • Business plans, strategies, methodologies, and proprietary processes
  • Technical specifications, source code, documentation, and architecture
  • Customer lists, pricing information, and financial data
  • Trade secrets and intellectual property
  • End-client information (for White Label partners)
  • Protected Health Information (for healthcare clients under BAA)
  • Any information designated as confidential or that a reasonable person would understand to be confidential

Confidentiality obligations survive termination of services indefinitely for trade secrets and for a minimum of five (5) years for other confidential information.

10. Warranties & Disclaimers

10.1 Service Warranty

We warrant that services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. If services fail to conform to this warranty, your exclusive remedy is re-performance of the non-conforming services at no additional cost, provided you notify us in writing within thirty (30) days of delivery.

10.2 No Guarantee of Results

WE DO NOT GUARANTEE specific business outcomes, search engine rankings, website traffic, conversion rates, revenue increases, or any particular results. Performance depends on numerous factors beyond our control including market conditions, client actions, third-party services, and algorithm changes.

10.3 Website Disclaimer

THIS WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10.4 Third-Party Disclaimer

We are not responsible for the performance, availability, security, or practices of any third-party platforms, services, plugins, or integrations (including Shopify, WordPress, Salesforce, hosting providers, payment gateways, etc.). Client assumes all risk associated with third-party dependencies.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL ENSTACKED TECHNOLOGIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, OUR SERVICES, OR YOUR USE OF OUR WEBSITE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO ENSTACKED TECHNOLOGIES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless Enstacked Technologies and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use of our Website or services; (b) your breach of these Terms or any applicable law; (c) your violation of any third-party rights, including intellectual property, privacy, or proprietary rights; (d) any content, materials, or data you provide that causes damage to third parties; (e) your negligence or willful misconduct; (f) any claim that your instructions or specifications infringed third-party rights.

13. Prohibited Uses

You agree NOT to:

  • Impersonate Enstacked Technologies or misrepresent affiliation with us
  • Send spam, junk mail, or unauthorized communications through our services
  • Use automated systems (bots, scrapers, spiders) to access our Website without permission
  • Attempt unauthorized access to our systems, networks, or data
  • Attack our Website via DDoS, SQL injection, or any malicious means
  • Use our services for illegal, fraudulent, or unethical purposes
  • Infringe intellectual property rights or violate third-party rights
  • Reverse engineer, decompile, or attempt to derive source code from our proprietary software
  • Violate any applicable local, state, national, or international laws or regulations

14. Third-Party Links & Services

Our Website may contain links to third-party websites or services not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, practices, availability, or security of any third-party sites. Clicking on third-party links is at your sole risk. Our inclusion of links does not imply endorsement.

15. Governing Law & Dispute Resolution

15.1 Governing Law

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

15.2 Jurisdiction

Subject to the arbitration clause below, the courts located in Ahmedabad, Gujarat, India shall have exclusive jurisdiction over any disputes arising from or relating to these Terms.

15.3 Mandatory Arbitration (B2B Engagements)

FOR ALL B2B ENGAGEMENTS: Any controversy, claim, or dispute arising out of or relating to these Terms or our services shall be resolved by binding arbitration administered in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The seat of arbitration shall be Ahmedabad, Gujarat, India. The language of arbitration shall be English. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction. EACH PARTY WAIVES ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATION.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, applicable SOWs, NDAs, and BAAs (where applicable), constitute the entire agreement between you and Enstacked Technologies and supersede all prior agreements, representations, and understandings.

16.2 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Enstacked Technologies.

16.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, government actions, epidemics, pandemics, power failures, internet outages, or telecommunications failures.

16.6 Notices

All legal notices must be in writing and sent to the addresses specified in the applicable agreement or to support@enstacked.com. Notices are deemed received upon confirmed delivery.

16.7 Amendments

We reserve the right to modify these Terms at any time. Changes are effective upon posting with an updated "Last Updated" date. Your continued use of our Website or services after changes constitutes acceptance. For material changes, we may provide additional notice.

16.8 Survival

Provisions relating to intellectual property, confidentiality, limitation of liability, indemnification, governing law, and any other provisions that by their nature should survive, shall survive termination of these Terms.

17. Contact Information

For questions about these Terms of Service:

Enstacked Technologies
Gujarat, India
Email: support@enstacked.com
Website: https://enstacked.com/