TERMS & CONDITIONS

These Terms & Conditions ("Terms") govern your use of services provided by Udvas Bhattacharya (operating through Udofera Consultancy Private Limited). By accessing our website or using our services, you agree to these Terms.

1. DEFINITIONS

• "We," "Us," "Our": Udvas Bhattacharya, operating through Udofera Consultancy Private Limited (India)
• "You," "User," "Client": Any individual or entity using our website or services
• "Services": UB Audit programs, web hosting, wooden eyewear, and other offerings
• "Website": udvasbhattacharya.com and all associated pages
• "Content": Text, images, videos, course materials, and other intellectual property

2. ACCEPTANCE OF TERMS

By accessing our website or submitting any form, you acknowledge that:

• You have read and understood these Terms
• You are at least 18 years of age or have parental/guardian consent
• You have the legal capacity to enter into binding agreements
• You agree to comply with all applicable laws and regulations

If you do not agree with any part of these Terms, you must not use our services.

3. SERVICES OVERVIEW

3.1 UB Audit - Personal Transformation Program

Two Tiers:

• Be UB (€90): 90-day self-paced program with video modules, PDF workbooks, WhatsApp community support
• UB Audit Premium (Price on application): 1-on-1 intensive coaching with 12 weekly strategy calls and 24/7 accountability

Nature of Service:

• Educational and motivational content focused on discipline systems
• NOT a substitute for professional medical, psychological, or therapeutic advice
• Results vary based on individual effort and circumstances
• No guarantees of specific outcomes or transformation results

3.2 UB × Udofera - Website Hosting

Referral-Only Basis: Services offered to selected clients only

• Website design, development, and hosting
• Four pricing tiers: Starter, Business Lite, Business Pro, Enterprise
• Managed by Udofera Consultancy Private Limited

3.3 Wooden Eyewear (Launching Q3-Q4 2026)

• Handcrafted wooden spectacle frames
• Optional prescription lens fitting
• Pre-orders opening soon (waitlist currently active)
• Managed by separate entity (to be disclosed at launch)

4. PRICING & PAYMENT

4.1 Currency & Payment Methods

• UB Audit: Priced in Euros (€) for EU clients
• Web Hosting: Priced in Indian Rupees (₹)
• Wooden Eyewear: Pricing to be announced at launch
• Payments processed via PayPal or other external payment gateways

4.2 Taxes

• All prices are exclusive of applicable taxes unless stated otherwise
• You are responsible for any local taxes, VAT, GST, or customs duties
• We will provide invoices as required by law

4.3 Price Changes

We reserve the right to change pricing at any time. Changes will not affect:

• Services already purchased
• Active contracts or agreements
• Pending applications submitted before price change

5. REFUND POLICIES

5.1 UB Audit Refunds (All Tiers)

7-Day Money-Back Guarantee:

• Eligibility: You complete all Week 1 protocols/assignments as instructed AND see zero measurable progress
• How to Claim: Email contact@udvasbhattacharya.com with:
  • Proof of Week 1 completion (screenshots, journal entries, etc.)
  • Brief explanation of why the program didn't work for you
• Processing Time: Refunds issued within 5-7 business days of approval
• After Day 7: NO REFUNDS. Transformation requires commitment, and we need you invested in the process.

5.2 Web Hosting Refunds

Before Work Commences:

• Full refund available if you cancel BEFORE we purchase domain or begin setup
• Request cancellation within 24 hours of payment

After Domain/Setup:

• NO REFUNDS once domain is purchased or setup has begun
• Domain costs are non-recoverable third-party expenses
• Partial work cannot be refunded as resources are already allocated

Service Issues:

• If we fail to deliver services as agreed, you may request a full refund
• Technical issues on our end = full refund or free resolution
• Issues caused by your delayed feedback/content = no refund

5.3 Wooden Eyewear Refunds

7-Day Return Window:

• Starts from date of delivery confirmation
• Product must be unused and in original condition
• Return shipping to India is covered by us (we provide prepaid label)

Inspection Process:

1. You request return via email within 7 days
2. We send prepaid return shipping label
3. You ship product back to us
4. We inspect product upon receipt (2-3 business days)
5. Refund issued if product passes inspection (5-7 business days)

Non-Refundable Cases:

• Product shows signs of damage or misuse
• Custom prescription lenses have been fitted (unless manufacturing defect)
• Packaging is damaged or missing components

Defective Products:

• Manufacturing defects = full refund or free replacement (your choice)
• We cover all shipping costs for defective returns
• No time limit on defect claims (within reason - 90 days recommended)

6. DISCLAIMERS & LIMITATIONS OF LIABILITY

6.1 "AS-IS" Services

All services are provided "AS-IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness

6.2 No Guarantee of Results (UB Audit)

We do NOT guarantee that you will achieve any specific results from UB Audit, including but not limited to:

• Weight loss or physical transformation
• Career advancement or financial success
• Improved relationships or mental health
• Habit formation or behavior change

Your results depend entirely on your effort, consistency, and individual circumstances. Testimonials and case studies represent individual experiences and are not typical results.

6.3 Website Uptime (Hosting Services)

We operate on self-hosted infrastructure (Raspberry Pi) and provide best-effort uptime:

• NO formal SLA (Service Level Agreement)
• Target uptime: 99% monthly average
• Maintenance windows: Announced 24 hours in advance when possible
• Force majeure events (power outages, ISP failures, natural disasters) are not compensable

Limitation: We are not liable for business losses, data loss, or downtime beyond the proportional refund of monthly hosting fees.

6.4 Maximum Liability

Our total liability to you for any claims arising from our services shall not exceed:

• The amount you paid for the specific service in the 12 months prior to the claim, OR
• €100 (one hundred euros), whichever is greater

We are NOT liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or business opportunities
• Data loss or corruption (you must maintain backups)
• Third-party actions or services (payment processors, shipping carriers, etc.)

7. INTELLECTUAL PROPERTY

7.1 Our Content

All content on this website and within our services is owned by Udvas Bhattacharya / Udofera Consultancy Private Limited, including:

• UB Audit course materials (videos, PDFs, workbooks)
• Website code, design, and graphics
• Blog posts, articles, and social media content
• Logos, trademarks, and branding elements

Your License: When you purchase UB Audit, you receive a personal, non-transferable, non-exclusive license to access course materials for your own use.

Prohibited Actions:

• ❌ Sharing login credentials or course materials with others
• ❌ Reselling, redistributing, or sublicensing content
• ❌ Creating derivative works or "inspired" courses based on our materials
• ❌ Screen recording, copying, or pirating course videos

Consequences: Violation results in immediate account termination without refund and potential legal action.

7.2 Client-Provided Content (Web Hosting)

You retain full ownership of content you provide for website development, including:

• Text, images, logos, and branding materials
• Product descriptions and marketing copy
• Any proprietary business information

License You Grant Us: You give us a limited license to use your content ONLY for:

• Building and hosting your website
• Making technical improvements or security updates
• Displaying your site in our portfolio (with your permission)

Your Responsibility: You warrant that you own or have rights to all content you provide. You are liable for any copyright infringement claims arising from your content.

8. PROHIBITED USES

You may NOT use our website or services to:

• Violate any local, national, or international law
• Transmit malware, viruses, or malicious code
• Harass, threaten, or defame others
• Impersonate Udvas Bhattacharya or any of our team members
• Scrape, data-mine, or reverse-engineer our website
• Attempt unauthorized access to our servers or systems
• Submit false information in forms or applications
• Use our services for illegal activities (fraud, money laundering, etc.)

Consequences: Immediate termination of services, no refund, and reporting to relevant authorities if applicable.

9. USER CONDUCT & RESPONSIBILITIES

9.1 UB Audit Participants

You agree to:

• Provide accurate information in your application
• Engage with the program in good faith
• Respect community guidelines in WhatsApp groups
• Not share course materials with non-participants
• Seek professional help if experiencing mental health crises (we are NOT therapists)

9.2 Web Hosting Clients

You agree to:

• Provide timely feedback and content for website development
• Not use hosting for illegal content (piracy, hate speech, etc.)
• Maintain reasonable email/phone responsiveness during project
• Pay invoices within agreed timeframes

10. TERMINATION

10.1 By You

You may terminate services by:

• Emailing contact@udvasbhattacharya.com with "Service Cancellation" in subject line
• Providing 7 days' notice for web hosting cancellations
• Immediate cancellation for UB Audit within refund window (7 days)

10.2 By Us

We may terminate or suspend your access immediately if:

• You violate these Terms
• You engage in fraudulent activity
• Your website content violates our acceptable use policy
• Payment disputes or chargebacks occur
• You abuse or harass our team members

Effect of Termination:

• Immediate loss of access to services
• No refund for services already rendered
• Data deletion after 30-day grace period (web hosting)

11. PRIVACY & DATA PROTECTION

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key Points:

• We comply with GDPR (EU) and India DPDP Act 2023
• Data stored in Google Workspace (India/EU servers)
• You have rights to access, delete, and correct your data
• See full Privacy Policy for details

12. THIRD-PARTY SERVICES

Our services integrate with third-party platforms:

• PayPal: Payment processing (their terms apply)
• Google Workspace: Email and data storage (Google's terms apply)
• Instagram: Embedded social content (Meta's terms apply)
• WhatsApp: Community support groups (Meta's terms apply)

We are NOT responsible for:

• Third-party service outages or failures
• Changes to third-party terms or pricing
• Privacy practices of third-party platforms

13. FORCE MAJEURE

We are not liable for delays or failures caused by events beyond our reasonable control, including:

• Natural disasters (earthquakes, floods, pandemics)
• War, terrorism, or civil unrest
• Government actions, strikes, or labor disputes
• Internet service provider failures or cyberattacks
• Power outages or infrastructure failures

14. DISPUTE RESOLUTION

14.1 Informal Resolution

Before filing any formal claim, you agree to contact us at contact@udvasbhattacharya.com to attempt good-faith resolution. Most disputes can be resolved this way.

14.2 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles.

14.3 Jurisdiction & Arbitration

Any disputes shall be resolved through:

• Arbitration in Kolkata, India under the Arbitration and Conciliation Act, 1996
• Arbitration conducted in English language
• One arbitrator mutually agreed upon (or appointed by court if no agreement)
• Arbitration costs split equally between parties

Exception: We may seek injunctive relief in courts for intellectual property violations or urgent matters.

14.4 EU Consumer Rights

If you are an EU consumer, you also have the right to:

• Bring disputes in your local courts under EU consumer protection laws
• Use the EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

15. MODIFICATIONS TO TERMS

We reserve the right to update these Terms at any time. Changes will be effective:

• Upon posting the updated Terms on this page
• With updated "Last Updated" date at the top

Notification of Material Changes:

• Email notice to active users (those who submitted forms in past 12 months)
• 30-day notice period before material changes take effect
• Continued use after changes = acceptance of new Terms

Your Options: If you disagree with updated Terms, you may cancel your services (refund eligibility depends on refund policy above).

16. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable by a court:

• That provision shall be limited or eliminated to the minimum extent necessary
• All other provisions remain in full force and effect

17. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding use of our services. They supersede all prior agreements, communications, and understandings (written or oral).

18. NO WAIVER

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

19. CONTACT INFORMATION

For questions, concerns, or disputes regarding these Terms:

Email: contact@udvasbhattacharya.com
Subject Line: "Terms & Conditions Inquiry"
Phone: +91 81000 90308
Response Time: Within 24-48 hours

Postal Address:
Udofera Consultancy Private Limited
B40/1, Kamdahari Narkel Bagan
Kolkata - 700084, West Bengal
India