Terms & Conditions

• "Kala", "we", "us", "our", Kala web studio, the sole proprietorship operating the Website and Services.
• "Client", "you", "your", any person or entity using the Website, requesting services, or entering into a contract with Kala.
• "Services", web design, redesign, revamp, maintenance (subscription and one-time), SEO, backend, full-stack web development, and related website services.
• "Agreement", any separate project agreement, proposal, SOW (statement of work), or order form between Kala and a Client; where relevant, that Agreement and these Terms together govern the relationship.

Kala provides website-related services as described above. Specific deliverables, timelines, fees, and scope for a project will be set out in a separate proposal, quotation, or SOW which, once accepted by the Client, becomes the controlling document for that project together with these Terms.

All quotations, proposals and estimates provided by Kala are valid for the period stated in the quote. If no period is stated, quotes expire 30 days from issue.

Kala may adjust pricing based on Client requirements, third-party costs, or changes in scope. Material price changes will be communicated before they are charged.

For ongoing maintenance subscription price changes: Kala will notify affected Clients by the email or other contact details provided (email, WhatsApp, or phone) prior to the next billing cycle. Auto-renewal clients will be charged the updated price unless they cancel before the next billing date.

Standard payment structure: 50% upfront (to a secure escrow or accepted payment method) and 50% on completion (before final delivery/submission to escrow or other agreed release mechanism), unless a different structure is agreed in writing.

Final deliverables and/or transfer of intellectual property (see Section 10) will occur only after Kala has received full payment as set out in the applicable Agreement.

Payments may be accepted by Kala through multiple payment methods (bank transfer, card, payment gateway, etc.) and may vary by Client location or currency. Kala will provide an invoice on project completion.

All payments are non-refundable after Client approval of final changes or after final submission of the project to escrow, except as otherwise expressly set out in a separate written agreement.

Maintenance plans are offered on monthly or one-time bases as set out in the plan or proposal.

Maintenance subscriptions auto-renew until canceled by the Client. Clients may cancel at any time; cancellations apply per the plan's cancellation policy and will not necessarily trigger a refund of the current billing period.

Kala will use reasonable efforts to notify Clients of subscription renewals, billing, or price changes using the contact details on file.

The Client must provide timely feedback, content, access, credentials and approvals necessary for Kala to perform the Services. Delays caused by the Client may extend timelines and incur additional charges.

The Client represents and warrants that any information, materials, content or data provided to Kala do not violate any third-party rights and that the Client has the right to grant Kala permission to use such materials for the project.

Kala will treat Client information relating to projects as confidential and will not disclose sensitive project materials to third parties except: (a) with the Client's consent, (b) to vendors or subcontractors to provide the Services (subject to confidentiality obligations), or (c) as required by law.

Client consents to Kala collecting personal information through site forms (name, email, phone, project details) and using that data to respond to inquiries, provide Services, billing, and administrative communications. Kala will process personal data in accordance with its Privacy Policy (published separately).

If the Client supplies highly-sensitive materials that should not be used in any public-facing portfolio, the Client must notify Kala in writing.

The Website may allow submission of testimonials, comments, or uploads ("User Content"). By submitting User Content, you grant Kala a non-exclusive, worldwide, royalty-free license to use, display, reproduce and publish the User Content for marketing, portfolio, and promotional purposes unless you notify Kala in writing otherwise. Kala may moderate or remove User Content at its discretion.

Users must not upload or publish content that infringes third-party rights, is unlawful, defamatory, obscene, or harmful. Kala reserves the right to remove prohibited content and to terminate access for repeated violations.

Kala web studio retains ownership of all work product, design files, code, source materials, mockups and other deliverables created by Kala until full payment for the relevant Services is received. Upon Kala's receipt of full payment, Kala will transfer to the Client the agreed ownership rights as specified in the Agreement for those deliverables.

Kala retains the right to use created work in its portfolio, marketing and case studies, unless a written agreement states otherwise or the Client specifically requests confidentiality in writing and Kala agrees.

Client-provided materials remain the Client's property. Kala may retain copies of project files for record-keeping and archival purposes.

Kala may use third-party libraries, plugins, APIs or other software to provide Services (for example, open-source libraries such as GSAP). Kala will choose tools appropriate for the project but is not responsible for third-party changes, license changes, discontinuation, API changes, security vulnerabilities, pricing changes, or outages beyond Kala's control.

If a third-party service requires a separate license or payment by the Client, Kala will notify the Client and the Client is responsible for procuring such licenses. Kala is not liable for any third-party service's failure or change.

Kala will perform Services with reasonable skill and care expected of a professional web studio. Kala does not warrant uninterrupted access to the Website or that Services will be error-free.

Except as expressly provided in these Terms or a written Agreement, Kala makes no warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

To the maximum extent permitted by law, Kala's total aggregate liability for any claim arising from or related to the Agreement or these Terms shall not exceed the total fees actually paid by the Client to Kala for the specific Services that gave rise to the claim.

In no event will Kala be liable for any indirect, special, incidental, punitive or consequential damages (including lost profits or lost data), even if Kala has been advised of the possibility of such damages.

The Client agrees to indemnify, defend and hold Kala harmless from any claims, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of the Client's use of the Website, Client-provided content, or Client's breach of these Terms.

Kala may suspend or terminate Services or access for non-payment, material breach of these Terms, or for unlawful use. Kala will provide written notice where practicable; suspension may occur immediately for serious breaches.

The Client may terminate Services in accordance with the termination terms set out in the specific Agreement. Termination will not relieve the Client of payment obligations for Services already performed or costs already incurred.

Upon termination, Kala may retain copies of work performed and will deliver any final materials upon receipt of any outstanding payments.

Informal Resolution: The parties will attempt to resolve any dispute arising from or related to these Terms or Services through good faith discussion.

Mediation / Arbitration: If the dispute cannot be resolved informally within 30 days, the parties agree to attempt to resolve the dispute by mediation and, if mediation fails, by final and binding arbitration. The arbitration will take place in Maharashtra, India, the seat of arbitration will be Maharashtra, India, and the process will be administered by an arbitrator or arbitration body agreed upon by the parties. If the parties cannot agree on an arbitrator, an arbitrator may be appointed by a court or by a commonly accepted arbitration institution chosen by Kala. The arbitrator's decision will be final and binding.

Each party will bear its own costs in mediation; arbitration costs and fees will be allocated as determined by the arbitrator. This clause does not prevent either party from seeking urgent interim relief in a court of competent jurisdiction if necessary.

These Terms and any Agreement are governed by and construed in accordance with the laws of India. The seat for arbitration and governing legal venue is Maharashtra, India. The parties agree that arbitration (as above) is the primary dispute resolution path; court action may only be brought in the circumstances set out above or for interim relief.

Kala will not be liable for any failure or delay in performing its obligations caused by events beyond its reasonable control, including but not limited to natural disasters, strikes, pandemics, governmental acts, internet outages, third-party service outages, or other "force majeure" events. Kala will notify Clients promptly and use reasonable efforts to minimize the effect of such events.

Kala may update these Terms from time to time. Material changes will be posted on the Website with an updated Effective Date. Continued use of the Website or Services after any change constitutes acceptance of the new Terms. Kala will use reasonable efforts to notify Clients of material changes via email or the contact details on file for active clients.

Clients are responsible for any taxes, duties, levies or charges imposed by any government authority in connection with the Services, except for taxes that Kala is legally required to collect and remit.

If you believe that content on the Website infringes your copyright, please contact Kala with: (i) a description of the copyrighted work, (ii) identification of the content that is claimed to infringe, (iii) your contact details, and (iv) a statement under penalty of perjury that you are the copyright owner or authorized to act on the owner's behalf. Kala will respond to valid notices and take action as appropriate.

Notices to Kala should be sent to hello@trykala.com or the business address above. Notices to Clients will be sent to the email or contact information provided by the Client.

If any provision of these Terms is held unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Failure by Kala to exercise any right under these Terms will not constitute a waiver of that right.

These Terms, together with the specific project Agreement or proposal, constitute the entire agreement between Kala and the Client regarding the Services and supersede prior agreements, understandings, and communications.

These Terms are drafted to be protective and practical for Kala web studio's operations. They do not constitute legal advice. For enforceability, tailored clauses, or if you handle high-risk/large-value contracts, Kala should seek review and customization by a qualified lawyer in India (preferably in Maharashtra).