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.

Kala offers exclusively customized digital services and does not sell any standard or physical products. Each project’s pricing is determined individually based on requirements, scope, and timeline.

Standard Structure: 50% upfront and 50% on completion, unless otherwise specified in an Agreement. Payments may be made via bank transfer, card, or approved gateways in INR / USD.

Acceptance & Completion: “Completion” means delivery of the final build and an acceptance testing window of [7] calendar days during which the Client may request minor changes. If the Client does not provide written acceptance or a defect list within the acceptance window, the Deliverables will be deemed accepted.

Final Delivery: Final deliverables, source files, and transfer of agreed intellectual property will occur only after full payment is received. All payments are non-refundable after acceptance.

Overdue amounts will incur interest at 1.5% per month (or the maximum permitted by law) from the due date until paid. The Client will reimburse Kala for reasonable collection costs, including legal fees.

Since Kala provides custom web design, development, and creative services tailored individually for each client, there are no fixed or pre-defined “products” available for direct sale on this website. All payments correspond to service-based agreements.

Refunds are generally not applicable once a project has begun or design/development work has commenced. However, partial refunds may be considered in cases where a client cancels before significant work has started, subject to Kala’s discretion.

In the event of duplicate or erroneous transactions, a full refund will be issued within 7–10 business days to the original payment method. Clients can report refund or transaction issues by emailing support@trykala.com with transaction details and proof of payment.

All disputes related to payments or refunds will first be addressed directly with Kala’s support team before any escalation to the payment processor or bank.

Post-launch maintenance, updates, backups, monitoring, or support services are not included unless the Client subscribes to a maintenance plan or signs a separate agreement.

Maintenance plans may include services such as performance monitoring, minor content updates, security checks, backups, and technical support as described in the selected plan.

If a Client does not subscribe to a maintenance plan, Kala is not responsible for ongoing updates, hosting issues, third-party changes, or security vulnerabilities after the project is delivered.

Kala may provide clients with access to a private, invite-only client portal (e.g., members.trykala.com) for viewing project details, invoices, maintenance plans, and related information.

Access to the client portal is restricted to authorized users invited by Kala. Clients are responsible for maintaining the confidentiality of their login credentials and for any activity that occurs under their account.

Kala is not responsible for unauthorized access resulting from the client’s failure to secure their login information.

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.

If the Client fails to provide feedback, materials, or communications for a period of 14 consecutive calendar days, the project will be deemed "Stalled." Stalled projects may be suspended, and a restart fee may apply to resume work.

If the Client fails to communicate for more than 30 consecutive calendar days ("Ghosting"), Kala may terminate the project immediately. In such cases, all payments made to date are forfeited, and Kala is relieved of any further delivery obligations.

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.

Ownership Transfer: Upon receipt of full payment, Kala assigns to the Client the agreed deliverables and source code necessary for the Client’s use. Kala retains ownership of all work product until the final balance is cleared.

Repository & Asset Transfer: Upon full payment, Kala will provide the Client with access to the project files or transfer the repository as agreed. If the project remains hosted under Kala’s infrastructure, continued access and updates may require an active maintenance plan.

Portfolio Right: Kala reserves a non-exclusive, worldwide, royalty-free right to include project screenshots and public elements in Kala’s portfolio, case studies, and promotional materials unless the Client has a separate written confidentiality agreement.

Pre-existing Code: Kala retains ownership of any pre-existing code, tools, or libraries used in the project, granting the Client a non-exclusive license to use them as integrated into the deliverables.

Kala Web Studio reserves the right to showcase completed projects, visuals, or websites it has designed and developed as part of its portfolio, case studies, or promotional materials. This may include displaying project screenshots, client names, and publicly accessible website links on Kala’s website or official social media platforms.

This right exists solely for the purpose of demonstrating Kala’s creative capabilities and previous work. Sensitive information, private data, or unpublished materials will never be disclosed.

If any client prefers not to have their project displayed publicly, they may contact Kala at support@trykala.com to request removal or exclusion from future marketing materials. Kala will respect and act upon such requests promptly.

Kala may use third-party tools, platforms, or libraries as part of the development, hosting, or functionality of the Client’s website. These may include, but are not limited to:

• Hosting and deployment providers (e.g., Cloudflare)
• Content management systems (e.g., Sanity)
• Animation libraries (e.g., GSAP)
• Form handling or communication services
• Analytics or performance tools

These third-party services operate under their own terms, policies, and pricing structures. Kala does not control and is not responsible for outages, policy changes, pricing updates, limitations, or disruptions caused by these services.

Any issues originating from third-party providers are outside Kala’s direct control and will not be considered a breach of Kala’s obligations.

If the Client’s project uses a third-party CMS platform (such as Sanity), the project will be bound to the plan associated with that specific project.

Any plan upgrades, add-ons, or additional usage costs required by the CMS must be requested through Kala. Kala will manage the upgrade process and invoice the Client for the applicable costs. Clients should not attempt to upgrade plans independently to avoid billing and security conflicts.

Kala is not responsible for limitations, pricing changes, feature removals, or service interruptions caused by the CMS provider.

Kala shall not be held liable for downtime, errors, data loss, or performance issues caused by third-party services, including but not limited to hosting providers, CMS platforms, analytics tools, or external libraries.

Kala will make reasonable efforts to assist in resolving such issues where possible, but resolution timelines and outcomes depend on the third-party provider.

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.

Liability Cap: Kala’s aggregate liability is limited to the total fees paid for the specific Services (in INR / USD) that gave rise to the claim. This limitation does not apply to liability arising from Kala’s gross negligence, willful misconduct, or liabilities that cannot be limited by law.

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

Indemnity: The Client agrees to indemnify Kala against claims arising from Client-provided content or 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 first attempt to resolve any dispute through good faith discussion within 30 days.

Arbitration: All arbitrations shall be conducted in Mumbai, Maharashtra, India, under the Arbitration and Conciliation Act, 1996, in English. The arbitration shall be presided over by a mutually agreed sole arbitrator. The arbitrator's decision will be final and binding.

Each party will bear its own costs; however, the arbitrator may award legal costs to the prevailing party.

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 and Conditions from time to time to reflect operational, legal, or regulatory changes. The updated version will always be posted on this page with a revised "Effective Date" noted at the top.

Clients and visitors are encouraged to review this page periodically to stay informed about any updates. Continued use of the Website or Services after any revision constitutes acceptance of the revised Terms.

Kala does not provide individual notice of changes unless specifically required by law or in exceptional cases where contractual obligations make it necessary.

All fees are exclusive of taxes. If Kala is required to collect GST (Goods and Services Tax), the Client will pay such amounts in addition to the fees.

Kala’s GSTIN: [NOT REGISTERED / PENDING] (Invoices will be marked accordingly).

Clients are responsible for any taxes, duties, or withholdings applicable in their respective jurisdictions.

Any work requested outside the initial Statement of Work (SOW) will be treated as a Change Order. Out-of-scope work is billed at a fixed fee agreed upon in writing before commencement.

Unless otherwise agreed in writing, Kala may host the project codebase on Kala-managed infrastructure, including version-control repositories (e.g., GitHub) and deployment platforms (e.g., Cloudflare).

Clients may be provided with preview links, subdomains, or CNAME-based access for review before final deployment. During the development phase, these links are for testing purposes only.

Post-launch support, hosting management, updates, and monitoring are only provided under an active maintenance plan or separate agreement. Without a maintenance plan, Kala is not responsible for ongoing performance, security, or compatibility issues after delivery.

If the Client requests migration to their own infrastructure, Kala will transfer the necessary files or repositories only after full payment is received. Setup or configuration on Client-owned servers may be billed as an additional service.

Clients are responsible for the security of their hosting environments and third-party accounts. Kala is not liable for security breaches or data loss caused by weak passwords, unsecured client-hosted servers, or third-party vulnerabilities outside Kala’s direct control.

Kala will retain project files and source code for 12 months (1 year) after completion for archival purposes. After this period, files may be permanently deleted. Kala is not a hosting or backup provider; Clients must maintain their own backups following final delivery.

Kala reserves the right to use qualified subcontractors or vendors to perform portions of the Services while remaining primarily responsible to the Client for the quality of the deliverables.

We use analytics tools and cookies to improve site performance and user experience. By using our Website, you consent to our use of cookies as detailed in our Privacy Policy.

Clients are encouraged to maintain appropriate business insurance. Kala’s liability is specifically limited as per the "Limitation of Liability" section above.

If you believe content on our Website infringes your copyright, please send a notice to our designated agent at support@trykala.com. Your notice must include: (i) your electronic signature, (ii) identification of the work infringed, (iii) the location of the infringing material, and (iv) a statement of good faith belief and accuracy under penalty of perjury.

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).