Please Read OurTerms of Service
These terms govern your use of EmergeScale's website and services. By engaging with us, you agree to the conditions outlined below. Please read them carefully before proceeding.
Important: By using www.emergescale.com or any services provided by EmergeScale by Alpha Traders, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.
Section 01
Acceptance of Terms
Agreement to Terms
By accessing or using the website at www.emergescale.com or any services provided by EmergeScale by Alpha Traders, you agree to be bound by these Terms of Service. If you do not agree to all terms and conditions, you must not use our website or services.
Modifications
We reserve the right to update or modify these Terms at any time without prior notice. Changes become effective immediately upon posting. Your continued use of our services after any changes constitutes acceptance of the new Terms. We encourage you to review these Terms periodically.
Eligibility
By using our services, you represent that you are at least 18 years of age, have the legal capacity to enter into a binding agreement, and are not prohibited from using our services under applicable law.
Section 02
Our Services
Service Description
EmergeScale provides a range of professional digital services including web development, SEO optimization, digital marketing, UI/UX design, cloud hosting, and brand strategy. The scope, timeline, and deliverables for each project are defined in individual service agreements.
Service Availability
We strive to maintain continuous availability of our website and services, but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any service at any time with reasonable prior notice where possible.
Third-Party Services
Some of our services may integrate with or depend on third-party platforms, tools, or APIs. We are not responsible for the availability, accuracy, or performance of third-party services and their use is subject to their respective terms and conditions.
Section 03
Client Responsibilities
Accurate Information
Clients are responsible for providing accurate, complete, and timely information required for project delivery. Delays or issues caused by inaccurate or late information may affect timelines and costs, and EmergeScale shall not be liable for resulting delays.
Content & Materials
Clients retain ownership of all content, logos, images, and materials provided to EmergeScale for use in projects. By providing such materials, clients warrant they have full rights to use them and grant EmergeScale a non-exclusive license to use them solely for the agreed project.
Prohibited Uses
You agree not to use our services for any unlawful purpose, to transmit harmful or malicious content, to infringe on intellectual property rights, to attempt unauthorized access to systems, or to engage in any activity that could damage, disable, or impair our services.
Section 04
Payment Terms
Fees & Invoicing
Service fees are agreed upon in individual project proposals or service agreements. Invoices are due upon receipt unless otherwise stated in writing. All prices are in Indian Rupees (INR) unless explicitly stated otherwise.
Payment Schedule
For most projects, we require a non-refundable deposit of 50% before work commences, with the remaining balance due upon project completion and before final delivery. Custom payment schedules may be arranged for larger projects.
Late Payments
Payments not received within 14 days of the due date may result in suspension of services. We reserve the right to charge a late payment fee of 2% per month on outstanding balances. EmergeScale is not liable for any losses incurred due to service suspension resulting from non-payment.
Refund Policy
Deposits are non-refundable once work has commenced. Refunds for services not yet delivered will be assessed on a case-by-case basis. Digital services and completed deliverables are non-refundable once accepted by the client.
Section 05
Intellectual Property
Ownership of Deliverables
Upon full payment, clients receive ownership of final deliverables specifically created for their project (such as custom code, design files, and content). EmergeScale retains ownership of all underlying frameworks, tools, libraries, and proprietary methodologies used in the creation process.
EmergeScale Portfolio Rights
Unless expressly requested otherwise in writing, EmergeScale reserves the right to display work completed for clients in our portfolio, case studies, and marketing materials. Client names and basic project descriptions may be referenced without disclosing confidential business information.
Third-Party Assets
Projects may incorporate licensed third-party assets, fonts, plugins, or stock imagery. Clients are responsible for ensuring continued compliance with applicable licenses for such assets after project handover. EmergeScale will document all third-party assets used in each project.
EmergeScale Branding
The EmergeScale name, logo, and all associated branding are the exclusive property of Alpha Traders. You may not use our trademarks, service marks, or branding without our prior written consent.
Section 06
Confidentiality
Mutual Confidentiality
Both parties agree to keep confidential any proprietary, sensitive, or non-public information shared during the course of a project. This includes business strategies, technical specifications, financial information, and client data.
Non-Disclosure
Neither party will disclose the other's confidential information to third parties without prior written consent, except as required by law or as necessary to fulfill the services (e.g., sharing with vetted subcontractors under equivalent confidentiality obligations).
Duration
Confidentiality obligations survive the termination of any service agreement for a period of two (2) years, unless the information becomes publicly available through no fault of the receiving party.
Section 07
Limitation of Liability
Disclaimer of Warranties
Our services are provided "as is" and "as available" without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Damages
To the maximum extent permitted by applicable law, EmergeScale shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill, arising out of or related to the use of our services.
Maximum Liability
In no event shall EmergeScale's total cumulative liability exceed the total fees paid by you to EmergeScale in the three (3) months immediately preceding the event giving rise to the claim. This limitation applies regardless of the cause of action or theory of liability.
Section 08
Termination
Termination by Client
Clients may terminate a service agreement with 14 days written notice. Upon termination, the client is responsible for payment of all work completed to date. The 50% deposit is non-refundable regardless of termination timing.
Termination by EmergeScale
We reserve the right to terminate or suspend services immediately if a client breaches these Terms, fails to make payments, engages in abusive or inappropriate behavior, or requests work that is illegal or unethical.
Effect of Termination
Upon termination, all licenses granted to you will immediately cease. EmergeScale will deliver all completed work paid for up to the termination date. Provisions relating to confidentiality, intellectual property, payment, and limitation of liability survive termination.
Section 09
Governing Law & Disputes
Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts located in New Delhi, India.
Dispute Resolution
Before initiating formal legal proceedings, both parties agree to attempt good-faith resolution of any dispute through direct negotiation for a period of 30 days. If unresolved, disputes shall be referred to arbitration under applicable Indian arbitration law.
Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.
Section 10
General Provisions
Entire Agreement
These Terms, together with any individual service agreements, constitute the entire agreement between you and EmergeScale regarding our services and supersede all prior agreements, representations, or understandings.
Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable. All other provisions remain in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of EmergeScale to be legally binding.
Force Majeure
EmergeScale shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, internet outages, or other force majeure events.
Questions About These Terms?
We're Here to Help
If you have any questions about these Terms of Service or need clarification on any clause, our team is happy to assist you.
These Terms of Service are effective as of March 16, 2026 and govern all use of EmergeScale by Alpha Traders's website and services. For the avoidance of doubt, use of our services constitutes agreement to these terms in their entirety.