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CONTRACTUAL & OPERATIONAL GOVERNANCE

Terms of Service & Master Governance

Governing commercial software engineering, platform accessibility, intellectual property assignment, and professional training delivery across Markzin Young Private Limited.

Effective Versionv2.4 (2025 Release)
Governing LawLaws of India
Arbitration SeatKolkata, WB
Corporate EntityU62013WB2024PTC268521
Contracting Party: Markzin Young Private Limited
CIN: U62013WB2024PTC268521•Incorporated under the Companies Act, 2013
Clause 01.0

Acceptance & Scope of Agreement

These Terms of Service constitute a legally binding agreement between Markzin Young Private Limited and any party accessing our digital platforms, contracting engineering services, or participating in training cohorts.

Binding Nature & Modifications

  • By accessing our websites, contracting our software development services, or registering for Touchstone programmes, you acknowledge having read, understood, and agreed to these Terms.
  • If contracting on behalf of a corporate body, public institution, or cooperative society, you represent and warrant that you hold lawful authorization to bind said entity.
  • Markzin Young Private Limited reserves the right to amend these Terms to reflect legislative changes, platform upgrades, or revised business practices. Continued engagement after notification constitutes binding consent.
Clause 02.0

Authorized Use & Client Obligations

Users agree to engage with our digital infrastructure and services strictly in accordance with applicable laws, ethical standards, and contractual scopes.

Operational Standards

  • Clients and users must provide complete, accurate, and verifiable identity and organisation data during onboarding, contracting, and registration.
  • Account credentials, API keys, and cryptographic access tokens issued by Markzin must remain strictly confidential and protected against third-party disclosure.
  • You are responsible for all computational requests, database operations, and system alterations triggered under your authorized credentials.

Prohibited System Operations

  • Probing, scanning, or vulnerability-testing Markzin production networks, microservices, or client-isolated multi-tenant databases without written authorization.
  • Distributing reverse-engineered artifacts, decompiling binary distributions, or deploying automated crawling agents that degrade cluster performance.
  • Utilizing Markzin infrastructure to transmit unauthorized commercial broadcasts, deceptive solicitations, or malicious payloads.
Clause 03.0

Intellectual Property, Licensing & Work Product

Clear division of pre-existing core intellectual property versus custom project deliverables commissioned under specific Master Service Agreements (MSAs).

Proprietary Platforms & Frameworks

  • All underlying frameworks, proprietary algorithm libraries, Touchstone pedagogical curricula, and brand marks remain the exclusive intellectual property of Markzin Young Private Limited.
  • Unless otherwise specified in an executed Master Service Agreement, no transfer of title or source code ownership occurs through platform licensing alone.

Custom Project Deliverables

  • Tailored software applications, bespoke frontend architectures, and data pipelines engineered specifically for a client transfer in ownership upon full settlement of invoice balances as stipulated in the project statement of work.
  • Markzin retains non-exclusive, perpetual rights to reusable architectural patterns, baseline utility functions, and foundational open-source toolchains developed in the ordinary course of business.
Clause 04.0

Delivery Framework, Milestones & SLAs

Engineering services, sprint milestones, and institutional capacity-building programmes follow disciplined quality governance and documented timelines.

Milestone Execution & Acceptance Testing

  • Software development proceeds under formalized sprint milestones accompanied by designated User Acceptance Testing (UAT) observation windows (standard 14 calendar days).
  • Absence of written defect notifications within the UAT observation window constitutes formal operational acceptance of the delivered release.
  • Change requests exceeding agreed technical scopes require a supplemental Statement of Work (SOW) detailing cost and timeline adjustments.

Touchstone Training Delivery

  • Training sessions are conducted by designated master trainers and senior practitioners according to published curricula schedules.
  • Markzin reserves the right to adjust delivery dates or assign substitute qualified trainers in the event of unforeseen operational exigencies with 48 hours notice.
Clause 05.0

Limitation of Liability & Indemnification

Statutory limitations governing indirect losses, uptime assurances, and maximum financial liability caps.

Warranty Scope & Exclusions

  • Custom software solutions are warranted to perform substantially in accordance with finalized functional specifications for 30 calendar days following commercial deployment.
  • Except as expressly warranted in writing, services and digital platforms are provided on an "as is" and "as available" basis without implied merchantability guarantees.

Liability Ceiling

  • In no event shall Markzin Young Private Limited, its directors, officers, or engineers be liable for consequential, incidental, punitive, or loss-of-profit damages.
  • Total aggregate liability under any claim arising from these Terms is strictly capped at the actual fees paid by the client for the specific service module during the immediately preceding 3-month window.
Clause 06.0

Governing Law & Dispute Arbitration

All contractual interactions and legal disputes are governed by the laws of India under the exclusive jurisdiction of courts in West Bengal.

Amicable Resolution & Formal Arbitration

  • Parties agree to undertake good-faith bilateral executive discussions for 30 calendar days before initiating formal legal proceedings.
  • Unresolved disputes shall be referred to and finally resolved by sole arbitration under the Arbitration and Conciliation Act, 1996, conducted in Kolkata, West Bengal, in the English language.
  • Subject to arbitration provisions, the High Court at Calcutta and subordinate civil courts within Hooghly / Kolkata maintain exclusive territorial jurisdiction.
Corporate Execution & Precedence

Hierarchy of Contractual Agreements

In the event of an express conflict between these general Terms of Service and an individually executed Master Service Agreement (MSA) or Statement of Work (SOW) signed by authorized corporate signatories of Markzin Young Private Limited, the specific provisions of the executed SOW shall prevail.

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