Welcome to Cybros Infotech! By accessing or using our software and web development services, you agree to comply with and be bound by the following terms and conditions. Please read them carefully before using our services. If you do not agree to these terms, you may not use our services.
Article 1
Definitions
- “Company” refers to Cybros Infotech.
- “Client” refers to the individual or entity who engages the Company for services.
- “Services” refers to the software development, web development, and other related services provided by the Company.
- “Agreement” refers to these Terms and Conditions and any other documents or agreements referenced herein.
Article2
Services
2.1 Scope of Services
The Company agrees to provide the Services as described in the service agreement signed with the Client. The scope of work, timelines, and deliverables will be detailed in the project proposal and any amendments thereto.
2.2 Modifications
Any changes or modifications to the scope of Services must be agreed upon in writing by both the Company and the Client. Additional fees may apply for any changes or additional work requested by the Client.
Article3
Fees and Payment
3.1 Payment Terms
The Client agrees to pay the Company the fees as outlined in the service agreement. Payment terms, including due dates, payment methods, and penalties for late payments, will be specified in the agreement.
3.2 Late Payments
Late payments may be subject to a late fee as specified in the service agreement. The Company reserves the right to suspend Services until payment is received in full.
Article4
Confidentiality
4.1 Confidential Information
Both parties agree to keep all confidential information received from the other party in strict confidence and not to disclose such information to any third party without the prior written consent of the disclosing party.
4.2 Exceptions
Confidential information does not include information that is publicly available, already in the receiving party’s possession, rightfully received from a third party, or required to be disclosed by law.
Article5
Intellectual Property
5.1 Ownership
The Client retains ownership of all intellectual property rights in any materials provided to the Company for the purpose of the Services. The Company retains ownership of all intellectual property rights in any tools, methodologies, or processes developed independently of the Services.
5.2 License
Upon full payment of all fees due, the Company grants the Client a non-exclusive, non-transferable license to use the deliverables created as part of the Services for the purpose specified in the service agreement.
Article6
Warranties and Disclaimers
6.1 Warranties
The Company warrants that the Services will be performed in a professional and workmanlike manner. The Company does not warrant that the deliverables will be error-free or meet the Client’s specific requirements.
6.2 Disclaimer of Warranties
Except as expressly provided in this Agreement, the Company disclaims all other warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
Article7
Limitation of Liability
7.1 Exclusion of Damages
In no event shall the Company be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Services, even if the Company has been advised of the possibility of such damages.
7.2 Limitation of Liability
The Company’s total liability for any claim arising out of or in connection with the Services shall not exceed the total fees paid by the Client for the Services giving rise to the claim.
Article8
Termination
8.1 Termination for Convenience
Either party may terminate the Agreement for any reason by providing thirty (30) days’ written notice to the other party.
8.2 Termination for Cause
Either party may terminate the Agreement immediately upon written notice if the other party breaches any material term of the Agreement and fails to cure such breach within fourteen (14) days of receipt of notice.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is headquartered, without regard to its conflict of law principles.
Article10
Dispute Resolution
10.1 Negotiation
In the event of any dispute arising out of or in connection with this Agreement, the parties agree to first attempt to resolve the dispute through good faith negotiations.
10.2 Arbitration
Suppose the dispute cannot be resolved through negotiation. In that case, it shall be finally resolved by binding arbitration under the rules of [Arbitration Institution], and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Article11
Miscellaneous
11.1 Entire Agreement
This Agreement constitutes the entire agreement between the parties to the subject matter hereof and supersedes all prior or contemporaneous understandings and agreements, whether written or oral.
11.2 Amendments
No amendment or modification of this Agreement shall be valid unless in writing and signed by both parties.
11.3 Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
11.4 Waiver
The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
By using Cybros Infotech’s Services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
If you have any questions or concerns, please contact us at [admin@cybrosinfotech.com].
Last updated: [29-05-2024]
This document provides a comprehensive outline of the terms and conditions governing the use of services provided by Cybros Infotech. It ensures clarity and legal protection for both the company and its clients.