Terms & Conditions

1. About NerveByte Infotech

NerveByte Infotech is a technology and business-services company providing solutions that may include, without limitation:

• Website and application development
• Travel technology solutions
• Airline and travel API integration
• Amadeus, Sabre and other third-party API integrations
• CRM and booking-management systems
• Meta-search and travel distribution solutions
• Digital marketing and marketing technology
• Business process outsourcing (“BPO”)
• Customer support solutions
• Automation and software solutions
• Revenue-recovery and business optimization solutions
• Technology consulting
• Custom software development
• Maintenance and technical support
• Other technology and business services agreed with a client

Specific Services supplied to a client may be governed by a separate proposal, quotation, Statement of Work (“SOW”), service agreement, order form, invoice or other written agreement.

2. Acceptance of Terms

By using the Website or engaging our Services, you confirm that:

1. You are legally capable of entering into a binding agreement;
2. You have authority to accept these Terms on behalf of yourself or the organization you represent;
3. The information you provide to us is accurate and complete;
4. You will use our Website and Services only for lawful purposes; and
5. You will comply with these Terms and all applicable laws and regulations.

Where a separate written agreement exists between NerveByte Infotech and a client, that agreement will govern the specific commercial engagement. In the event of a conflict, the specific written agreement will prevail to the extent of the conflict.

3. Website Use

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

You must not:

• Use the Website for unlawful, fraudulent or unauthorized activities;
• Attempt to gain unauthorized access to the Website, servers, systems or databases;
• Introduce viruses, malware, malicious code or other harmful material;
• Interfere with the operation or security of the Website;
• Scrape, copy, reproduce or commercially exploit Website content without permission;
• Impersonate NerveByte Infotech, its employees, representatives or partners;
• Use the Website to transmit spam or unauthorized communications;
• Attempt to reverse engineer or compromise any Website functionality; or
• Use the Website in a manner that could damage NerveByte Infotech or its clients, partners or infrastructure.

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

4. Services

NerveByte Infotech provides technology and business services based on the scope agreed with each client.

Services may include third-party technologies, APIs, software, hosting providers, payment processors, cloud infrastructure, communication platforms, airline systems, travel suppliers, data providers and other external services.

Unless expressly stated otherwise in writing:

• Third-party services are subject to the relevant third party’s terms;
• NerveByte Infotech does not guarantee uninterrupted availability of third-party systems;
• Changes, suspension or discontinuation of third-party APIs may affect the Services;
• Additional charges may apply where third-party providers impose fees, licensing costs, API charges or other expenses.

5. Custom Development

Where NerveByte Infotech develops software, websites, applications, integrations, CRM systems or other technology specifically for a client, the applicable SOW or commercial agreement will define:

• Project scope
• Deliverables
• Development milestones
• Timelines
• Client responsibilities
• Testing and acceptance
• Hosting arrangements
• Maintenance
• Support
• Fees
• Intellectual-property ownership; and
• Any applicable limitations.

Requests outside the agreed scope may be treated as change requests and may result in additional fees and revised timelines.

6. Project Timelines

Any project timeline communicated by NerveByte Infotech is an estimate unless expressly agreed as a binding deadline in writing.

Delays may occur due to:

• Client approvals;
• Delayed information or materials;
• Third-party API providers;
• Hosting or infrastructure providers;
• Regulatory requirements;
• Payment or licensing issues;
• Changes in project scope;
• Technical dependencies; or
• Events outside our reasonable control.

NerveByte Infotech will make reasonable efforts to communicate material delays.

7. Client Responsibilities

The client is responsible for providing accurate information, materials, credentials, approvals, API access and other resources reasonably required to provide the Services.

The client represents that it has the necessary rights, permissions and licenses to provide any:

• Text;
• Images;
• Logos;
• Trademarks;
• Software;
• Databases;
• Customer information;
• Documents;
• Data;
• API credentials; or
• Other materials supplied to NerveByte Infotech.

The client remains responsible for the legality and accuracy of its own products, services, content and business operations.

8. Fees and Payment

Fees will be specified in the applicable quotation, proposal, invoice, SOW or service agreement.

Unless otherwise agreed:

• Fees are payable according to the payment schedule communicated by NerveByte Infotech;
• Taxes and government charges may be charged in addition to the quoted fees where applicable;
• Third-party licensing, API, hosting, software or infrastructure charges may be billed separately;
• Delayed payments may result in suspension of Services;
• Work may resume once outstanding amounts and applicable charges have been settled.

All payments are subject to the applicable commercial agreement.

9. Refunds and Cancellations

Refund eligibility depends on the nature of the Service and the applicable proposal, SOW, invoice or service agreement.

Because many technology Services involve resources, development time, third-party licenses, infrastructure or customized work, payments for completed or committed work may be non-refundable unless otherwise agreed in writing.

Where a refund is approved, the applicable refund amount and processing timeline will be communicated to the client.

Third-party fees already incurred on behalf of a client may not be refundable where the relevant third-party provider does not provide a refund.

10. Third-Party Services and API Integrations

NerveByte Infotech may integrate or connect client systems with third-party services.

Examples may include airline, hotel, travel, payment, CRM, marketing, cloud, communication, analytics and other technology platforms.

NerveByte Infotech does not own or control third-party platforms and therefore cannot guarantee:

• Their continued availability;
• API uptime;
• Data accuracy;
• Pricing;
• Inventory;
• Processing speed;
• Third-party policy changes;
• API compatibility;
• Third-party security; or
• Continued access to a third-party service.

The client may be required to enter into separate agreements with third-party providers.

11. Travel Technology Services

Where NerveByte Infotech provides travel technology, booking technology, API integration or related services, NerveByte Infotech generally acts as a technology and service provider unless expressly stated otherwise in writing.

NerveByte Infotech does not automatically become an airline, hotel, car-rental company, travel supplier, merchant of record or travel agent merely because its technology is used to facilitate travel-related transactions.

The client is responsible for ensuring that its own travel business complies with applicable airline, supplier, consumer-protection, payment, licensing and regulatory requirements.

12. Intellectual Property

Unless otherwise agreed in writing, all intellectual property associated with the Website and NerveByte Infotech’s proprietary materials remains the property of NerveByte Infotech or its licensors.

This includes, where applicable:

• Website content;
• Branding;
• Logos;
• Software;
• Source code;
• Object code;
• Frameworks;
• Templates;
• Designs;
• Documentation;
• Processes;
• Methods;
• Know-how;
• Databases;
• Tools;
• Automation systems; and
• Proprietary technology.

A client receives only the rights expressly granted under the applicable commercial agreement.

Payment for Services does not automatically transfer ownership of NerveByte Infotech’s pre-existing technology, frameworks, tools, libraries, reusable components or intellectual property.

13. Client Content and Data

The client retains ownership of content and data that it lawfully provides to NerveByte Infotech, subject to the rights required for NerveByte Infotech to provide the Services.

The client grants NerveByte Infotech the limited right to access, process, store, transmit and otherwise use such information as reasonably necessary to perform the agreed Services.

The client is responsible for ensuring that it has appropriate authorization to provide personal data or other information to NerveByte Infotech for processing.

14. Data Protection and Privacy

NerveByte Infotech may collect and process personal information in connection with the Website and Services.

Such processing may include information required for:

• Responding to enquiries;
• Providing Services;
• Managing client relationships;
• Processing transactions;
• Providing customer support;
• Account administration;
• Security and fraud prevention;
• Analytics;
• Legal and regulatory compliance; and
• Other legitimate business purposes.

NerveByte Infotech will handle personal data in accordance with applicable data-protection laws and its applicable Privacy Policy.

The Digital Personal Data Protection Act, 2023 applies to specified processing of digital personal data, including certain processing connected with offering goods or services to individuals in India.

Our privacy practices may be updated as applicable laws and regulatory requirements evolve.

15. Confidentiality

Each party may receive confidential information belonging to the other party.

Confidential information may include:

• Business plans;
• Pricing;
• Customer information;
• Software;
• Source code;
• API credentials;
• Technical information;
• Commercial information;
• Financial information;
• Security information; and
• Other information identified as confidential or reasonably understood to be confidential.

Each party agrees to use reasonable measures to protect confidential information and not disclose it to unauthorized persons, except where disclosure is required by law or is reasonably necessary to perform the applicable Services.

16. Security

NerveByte Infotech will use commercially reasonable measures appropriate to the nature of the Services to protect systems and information under its control.

However, no internet-based system can be guaranteed to be completely secure.

Clients must maintain appropriate security over their own:

• Passwords;
• API keys;
• Login credentials;
• Payment information;
• Servers;
• Devices; and
• Internal systems.

Clients should immediately notify NerveByte Infotech if they suspect unauthorized access to credentials or systems used in connection with the Services.

17. Warranties and Disclaimers

The Website and certain Services may be provided on an “as available” basis.

To the maximum extent permitted by applicable law, NerveByte Infotech does not warrant that:

• The Website will always be available;
• The Website will be uninterrupted or error-free;
• Third-party systems will remain available;
• All information will always be complete or current;
• Every integration will operate without interruption;
• The Services will satisfy every specific business objective; or
• Any particular commercial result will be achieved.

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

18. Limitation of Liability

To the maximum extent permitted by applicable law, NerveByte Infotech shall not be liable for indirect, incidental, special, consequential or punitive damages, including loss of:

• Profits;
• Revenue;
• Business opportunities;
• Goodwill;
• Data; or
• Anticipated savings,

arising from or relating to the Website or Services.

Where legally permitted and unless a separate written agreement provides otherwise, NerveByte Infotech’s aggregate liability relating to a specific Service shall not exceed the fees actually paid by the client to NerveByte Infotech for that Service during the applicable period.

This limitation does not apply to liabilities that cannot legally be limited or excluded.

19. Indemnification

To the extent permitted by applicable law, the client agrees to indemnify and hold harmless NerveByte Infotech, its directors, employees, contractors and representatives from claims, losses, liabilities, damages and reasonable expenses arising from:

• The client’s unlawful use of the Services;
• Violation of these Terms;
• Infringement of third-party intellectual-property rights through client-provided materials;
• Unauthorized use of third-party data;
• Fraudulent activities conducted through the client’s systems;
• Violation of applicable laws by the client; or
• Claims arising from products or services independently operated by the client.

20. Suspension and Termination

NerveByte Infotech may suspend or terminate access to Services where:

• Fees remain unpaid;
• The client materially breaches these Terms;
• The Services are being used unlawfully;
• Security risks are identified;
• Required third-party access is withdrawn;
• Continued performance becomes commercially or technically impractical; or
• Suspension is required by law or a competent authority.

Termination does not eliminate obligations that accrued before termination.

Any provisions that by their nature should survive termination, including confidentiality, intellectual property, payment obligations, limitations of liability and dispute provisions, will continue to apply.

21. Force Majeure

NerveByte Infotech shall not be responsible for delay or failure caused by circumstances beyond its reasonable control.

Such circumstances may include:

• Natural disasters;
• War;
• Terrorism;
• Government action;
• Internet or telecommunications failures;
• Cybersecurity incidents;
• Cloud-service outages;
• Third-party platform failures;
• Power failures;
• Labor disputes;
• Epidemics or pandemics;
• Regulatory changes; or
• Other events beyond reasonable control.

22. Links to Third-Party Websites

The Website may contain links to third-party websites or services.

These links are provided for convenience and do not necessarily constitute an endorsement.

NerveByte Infotech does not control third-party websites and is not responsible for their:

• Content;
• Availability;
• Security;
• Privacy practices;
• Products;
• Services; or
• Terms.

Users should review the applicable third-party terms before using external services.

23. Changes to Services

NerveByte Infotech may modify, update, replace or discontinue Website features or Services from time to time.

Where a client has an active paid engagement, material changes will be handled according to the applicable commercial agreement.

24. Changes to These Terms

NerveByte Infotech may update these Terms periodically.

The updated version will be published on the Website with a revised “Last Updated” date.

Your continued use of the Website following publication of updated Terms constitutes acceptance of the revised Terms, to the extent permitted by applicable law.

25. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of India, unless a separate written agreement between NerveByte Infotech and a client expressly provides otherwise.

Subject to applicable law and any contractual dispute-resolution mechanism, courts having appropriate jurisdiction in New Delhi, Delhi, India shall have jurisdiction over disputes arising from these Terms.

26. Dispute Resolution

The parties will attempt to resolve disputes through good-faith discussions before commencing formal proceedings.

Where a separate written agreement provides for arbitration, mediation or another dispute-resolution mechanism, that mechanism will apply.

Nothing in this section prevents either party from seeking urgent legal or equitable relief where permitted by law.

27. Severability

If any provision of these Terms is determined to be invalid, unlawful or unenforceable, that provision shall be interpreted to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.

28. No Waiver

Failure by NerveByte Infotech to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision in the future.

29. Entire Agreement

These Terms, together with any applicable Privacy Policy, quotation, proposal, SOW, service agreement, order form or other written agreement, constitute the agreement governing your use of the applicable Services.

Where there is a conflict between these Website Terms and a separately executed written agreement, the separately executed agreement will prevail for the specific Services covered by that agreement.

30. Contact Information

For questions regarding these Terms, please contact: