N-185 Capital Green, Moti Nagar, New Delhi info@bholeshankarenterprisesprivatelimited.com
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Legal

Terms of Service

Effective Date: 30 June 2025 — Please read these Terms of Service carefully before using the services of Bholes Shankar Enterprises Private Limited, trading as BSEP Technologies.

1. Parties and Agreement

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client”, “you”, or “your”) and Bholes Shankar Enterprises Private Limited, a company incorporated under the laws of India, trading as BSEP Technologies (“Company”, “we”, “our”, or “us”), registered at N-185, Capital Green DLF, Moti Nagar, New Delhi – 110015, India.

By accessing our website, submitting an inquiry, placing an order, or using any of our services, you agree to be bound by these Terms. If you do not agree, you must not use our services.

2. Services

BSEP Technologies provides technology services including, but not limited to, custom software development, web development, mobile application development, SaaS product development, AI and machine learning solutions, data extraction, web scraping, API integration, cloud services, SEO, digital marketing, IT consulting, hosting, maintenance, and support services.

All formal engagements require a written proposal, scope of work, timeline, and commercial agreement signed by both parties before work commences.

3. Client Obligations

You agree to:

  • Provide complete, accurate, and truthful information, content, credentials, and approvals in a timely manner.
  • Not misrepresent your identity, authority, or the intended use of our services.
  • Comply with all applicable laws and regulations in your jurisdiction.
  • Not use our services for any unlawful, fraudulent, abusive, or harmful purpose.
  • Honour all payment obligations in accordance with the agreed schedule.

4. Payments and Billing

All prices are quoted in the currency stated in your invoice or proposal. Payments are due on the dates specified. We reserve the right to suspend services if payments are not received on time.

By making a payment to BSEP Technologies, you confirm that:

  • You are the authorised holder of the payment method used.
  • You have the legal right and authority to make the payment.
  • The payment is made in good faith for the services ordered.

5. Chargeback and Payment Dispute Policy

We take unauthorised and fraudulent chargebacks extremely seriously. This section applies to all clients regardless of their country of residence, including clients in the United States, United Kingdom, Canada, Australia, the European Economic Area, and all other jurisdictions worldwide.

5.1 Pre-Dispute Resolution Obligation

Before initiating any chargeback, payment reversal, or dispute with your bank, card issuer, or payment platform, you are contractually obligated to contact us first and allow a minimum of fifteen (15) business days for us to investigate and resolve your concern. Failure to do so constitutes a breach of these Terms and may be treated as evidence of bad faith.

Contact us at: info@bholeshankarenterprisesprivatelimited.com

5.2 Evidence and Documentation

We maintain comprehensive records for every engagement including, but not limited to:

  • Signed proposals, scope documents, and contracts
  • All written communications (email, chat, support tickets)
  • Invoices, payment confirmations, and receipts
  • Proof of service delivery (screenshots, deployments, code repositories, delivery reports)
  • IP address logs, access logs, and device fingerprints
  • Client approvals and sign-offs on milestones

This documentation will be submitted to the relevant payment processor, card network (Visa, Mastercard, American Express, Discover, or otherwise), and any applicable regulatory body in response to a dispute.

5.3 Consequences of Fraudulent Chargebacks

A chargeback will be considered fraudulent or unjustified if services were delivered as agreed, the client approved deliverables, or the client failed to follow the pre-dispute resolution process in clause 5.1. In such cases, BSEP Technologies reserves the right to:

  • Immediately suspend and terminate all services without notice or refund
  • Permanently blacklist the client from future engagement
  • Report the incident to relevant fraud prevention databases and networks
  • Pursue recovery of the full disputed amount, chargeback fees (typically USD 15–100 per dispute), administrative costs, and legal fees through civil proceedings
  • Report the matter to law enforcement agencies in the client’s jurisdiction (including but not limited to the FBI Internet Crime Complaint Center (IC3) in the USA, Action Fraud in the UK, the Canadian Anti-Fraud Centre (CAFC), and equivalent authorities elsewhere)
  • Issue cease-and-desist notices and pursue injunctive relief where applicable

5.4 Jurisdiction-Specific Protections

United States: Fraudulent chargebacks may constitute wire fraud, bank fraud, or theft of services under 18 U.S.C. §§ 1343, 1344, and applicable state statutes. We reserve the right to pursue civil and criminal remedies under applicable US federal and state law.

United Kingdom: Fraudulent chargebacks may constitute fraud under the Fraud Act 2006 and theft under the Theft Act 1968. We reserve the right to report incidents to Action Fraud and pursue civil recovery under the Senior Courts Act 1981.

Canada: Fraudulent chargebacks may constitute fraud under Section 380 of the Criminal Code of Canada. We reserve the right to report to the CAFC and pursue civil remedies under applicable provincial law.

European Union / EEA: Fraudulent claims may be subject to applicable national criminal codes and the EU Payment Services Directive (PSD2) framework. We will engage the relevant national authorities.

Australia: Fraudulent chargebacks may constitute offences under the Criminal Code Act 1995 and applicable state legislation. We reserve the right to report to the Australian Cyber Security Centre (ACSC) and ACCC.

All Other Jurisdictions: We will pursue all available civil and criminal remedies under the applicable laws of the client’s jurisdiction and seek enforcement through international legal cooperation frameworks where applicable.

6. Intellectual Property

All intellectual property developed by BSEP Technologies prior to or independently of a client engagement remains the sole property of BSEP Technologies. Intellectual property developed specifically for a client project is assigned to the client only upon full payment of all outstanding amounts under the relevant agreement.

You may not use our website content, branding, code, or materials without prior written consent.

7. Confidentiality

Each party agrees to keep the other party’s confidential business information, technical data, and client details strictly confidential and not to disclose such information to third parties without prior written consent, except as required by law.

8. Warranties and Disclaimer

We will deliver services with reasonable skill and care. However, our website and services are provided “as is” and “as available” to the maximum extent permitted by law. We make no warranties regarding uninterrupted service, fitness for a particular purpose, or specific business outcomes from the use of our services.

9. Limitation of Liability

To the maximum extent permitted by applicable law, BSEP Technologies shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages including, but not limited to, loss of revenue, loss of profits, loss of data, loss of business opportunities, loss of goodwill, or anticipated savings arising from or in connection with your use of our services, even if advised of the possibility of such damages.

Our total aggregate liability to you shall not exceed the total fees actually paid by you to BSEP Technologies for the specific service giving rise to the claim in the three (3) months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless BSEP Technologies, its directors, officers, employees, agents, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of our services; (b) your breach of these Terms; (c) your violation of any applicable law or regulation; (d) any fraudulent, abusive, or wrongful act or omission by you; or (e) any third-party claim arising from content or information you provide to us.

11. Service Suspension and Termination

We reserve the right to immediately suspend or terminate services, without notice or refund, if you:

  • Breach these Terms
  • Provide false or misleading information
  • Use our services for unlawful, fraudulent, abusive, or harmful purposes
  • Engage in threatening, harassing, or defamatory conduct toward our staff or company
  • Attempt to gain unauthorised access to our systems, infrastructure, or client data
  • Infringe our intellectual property rights
  • Initiate a fraudulent chargeback or payment reversal

12. Force Majeure

BSEP Technologies shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, pandemic or epidemic events, cyber-attacks, internet or telecommunications outages, government actions, power failures, civil unrest, or failures of third-party service providers. We will notify you of any such event and resume performance as soon as reasonably practicable.

13. Refund and Cancellation

All refund and cancellation matters are governed by our separate Refund & Cancellation Policy, incorporated herein by reference.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. The courts of New Delhi, India shall have primary jurisdiction over any dispute arising under these Terms.

Notwithstanding the foregoing, BSEP Technologies reserves the right to seek injunctive relief, emergency remedies, or enforcement of judgments in any jurisdiction where the client is located or where the client’s assets are situated, including but not limited to courts in the United States, United Kingdom, Canada, Australia, and any EU member state.

You agree that any judgment obtained by BSEP Technologies in India or any other competent jurisdiction may be recognised and enforced in your home jurisdiction pursuant to applicable international conventions and bilateral treaties.

15. Entire Agreement and Severability

These Terms, together with any written service agreement, proposal, statement of work, and our Privacy Policy and Refund & Cancellation Policy, constitute the entire agreement between you and BSEP Technologies. If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Amendments

We reserve the right to update these Terms at any time. The “Effective Date” at the top of this page reflects the most recent revision. Continued use of our services after any update constitutes acceptance of the revised Terms.

17. Contact

For questions regarding these Terms, contact us at:

Bholes Shankar Enterprises Private Limited (BSEP Technologies)
N-185, Capital Green DLF, Moti Nagar, New Delhi – 110015, India
Email: info@bholeshankarenterprisesprivatelimited.com
Phone: 1833 708 4596

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