These terms and conditions ("Agreement") govern the provision of IT services ("Services") by Cathode Softwares Pvt. Ltd. ("Provider") to the client ("Client"). By engaging in any business with Provider, Client agrees to be bound by these terms and conditions.
1. Service Scope
1.1 Provider agrees to deliver the Services as described in the agreed-upon project scope or service agreement. Any changes to the scope of work must be documented and mutually agreed upon in writing by both parties.
2. Service Fees and Payment Terms
2.1 Client agrees to pay the fees for the Services as specified in the project scope or service agreement.
2.2 Payment terms, including due dates and methods of payment, will be outlined in the project scope or service agreement.
2.3 In the event of any additional services or changes requested by the Client beyond the agreed-upon scope, additional fees may apply, and payment terms will be adjusted accordingly.
3. Confidentiality
3.1 Both parties agree to treat all information exchanged during the course of the Services as confidential.
3.2 Provider agrees not to disclose any confidential information to third parties without the prior written consent of the Client, except as required by law.
3.3 Client acknowledges that Providers may need to share certain confidential information with subcontractors or third-party service providers directly involved in delivering the Services. Providers shall ensure that these parties also maintain confidentiality.
4. Intellectual Property
4.1 Any intellectual property rights related to pre-existing materials and tools utilized by Provider for the provision of the Services shall remain the property of Provider.
4.2 Unless otherwise specified, the intellectual property rights for any custom-developed software, code, or other deliverables created by Provider as part of the Services shall be transferred to the Client upon full payment.
5. Limitation of Liability
5.1 Provider will make reasonable efforts to deliver the Services with due care and skill. However, Provider shall not be liable for any damages, losses, or claims arising out of or in connection with the Services, except in cases of gross negligence or willful misconduct.
5.2 Provider shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or business opportunities.
6. Termination
6.1 Either party may terminate this Agreement in writing, with or without cause, by providing a notice period as outlined in the project scope or service agreement.
6.2 Upon termination, Client shall pay for any outstanding fees and expenses incurred up to the termination date.
7. Governing Law and Dispute Resolution
7.1 This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction].
7.2 Any disputes arising out of or in connection with this Agreement shall be resolved through good-faith negotiations between the parties. If a resolution cannot be reached, the parties agree to pursue mediation or arbitration as an alternative to litigation.
8. Entire Agreement
8.1 This Agreement constitutes the entire understanding between Provider and Client, superseding any prior agreements, discussions, or representations, whether written or oral.
8.2 No modification or amendment to this Agreement shall be binding unless made in writing and signed by both parties.
By engaging in business with Provider, Client acknowledges that they have read, understood, and agree to abide by these terms and conditions.
Please note that the above terms and conditions are a general guideline and may need to be tailored to fit the specific requirements and legal framework of your IT services company. It is recommended to consult with a legal professional to ensure compliance with applicable laws and regulations.