Terms and Conditions

1. Agreement to Terms

By accessing and using the Nexos Soft website ("Website") and services, you accept and agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Website or services.

2. Definitions

• "Company," "we," "us," or "our" refers to Nexos Soft
• "Client," "you," or "your" refers to the individual or entity using our services
• "Services" refers to all services provided by Nexos Soft including but not limited to digital marketing, app development, web development, SaaS development, Zoho consulting, Odoo consulting, and IT staffing
• "Website" refers to nexossoft.com and all associated pages

3. Use of Website

3.1 Permitted Use

You may use our Website for lawful purposes only. You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful code, viruses, or malware
• Engage in unauthorized data mining or scraping
• Impersonate any person or entity
• Interfere with Website security features

3.2 Account Responsibilities

If you create an account on our Website, you are responsible for maintaining the confidentiality of your account credentials and all activities under your account.

4. Services and Engagements

4.1 Service Scope

The specific scope of services will be defined in a separate Statement of Work (SOW) or Service Agreement. Each project engagement will include:

• Detailed project deliverables
• Timeline and milestones
• Pricing and payment terms
• Acceptance criteria
• Support and maintenance terms (if applicable)

4.2 Client Responsibilities

Clients agree to:

• Provide timely access to required resources, information, and personnel
• Respond to requests for information within agreed timelines
• Review and approve deliverables within specified timeframes
• Ensure all provided content complies with applicable laws
• Maintain proper licenses for third-party software or services

5. Fees and Payment

5.1 Pricing

All fees are specified in the Service Agreement or SOW. Prices are subject to change with notice.

5.2 Payment Terms

• Payment schedules will be defined in the Service Agreement
• Late payments may incur interest charges
• Services may be suspended for non-payment
• Payments are non-refundable unless otherwise specified

5.3 Additional Charges

Additional fees may apply for:

• Scope changes or additional features
• Extended support beyond agreed terms
• Third-party services, licenses, or tools
• Rush delivery requests

6. Intellectual Property Rights

6.1 Client Content

You retain ownership of all content, data, and materials you provide to us. You grant us a license to use such content solely for providing services.

6.2 Deliverables

Upon full payment, you will own the final deliverables created specifically for you, subject to any third-party components or pre-existing materials.

6.3 Company Property

We retain ownership of:

• Our proprietary tools, methodologies, and processes
• Pre-existing code libraries and frameworks
• General knowledge and experience gained

6.4 Portfolio Rights

We reserve the right to use project screenshots and general descriptions in our portfolio and marketing materials, unless confidentiality is explicitly agreed upon.

7. Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the engagement. This obligation survives termination of the agreement.

8. Warranties and Disclaimers

8.1 Service Warranty

We warrant that services will be performed in a professional manner consistent with industry standards.

8.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.3 No Guarantee of Results

While we strive for excellent results, we cannot guarantee specific outcomes, rankings, traffic, or revenue from our services, particularly for marketing services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability shall not exceed the fees paid for the specific service giving rise to the claim
• We shall not be liable for indirect, incidental, special, consequential, or punitive damages
• We are not liable for third-party services, platforms, or integrations
• We are not responsible for data loss if proper backups are not maintained

10. Indemnification

You agree to indemnify and hold harmless Nexos Soft from any claims arising from:

• Your use of our services
• Your violation of these Terms
• Content you provide
• Your infringement of third-party rights

11. Term and Termination

11.1 Term

Agreements begin upon signing and continue as specified in the Service Agreement.

11.2 Termination

Either party may terminate with written notice as specified in the Service Agreement. Immediate termination may occur for:

• Material breach of terms
• Non-payment
• Illegal activities

11.3 Effects of Termination

• Fees for completed work remain due
• We may retain work in progress until full payment
• Confidentiality obligations continue
• We will return or destroy client data as requested

12. Third-Party Services

Our services may integrate with third-party platforms (Google, Meta, Zoho, Odoo, etc.). Use of these services is subject to their respective terms and conditions. We are not responsible for third-party service availability, performance, or policies.

13. Service Level and Support

13.1 Business Hours

Our standard business hours are Monday-Friday, 9:00 AM - 6:00 PM GST (UAE timezone).

13.2 Response Times

Response times vary by service type and support level as specified in your Service Agreement.

13.3 Maintenance

We may perform scheduled maintenance with advance notice. Emergency maintenance may be performed without notice.

14. Data Protection and Privacy

Our collection and use of personal information is governed by our Privacy Policy. We comply with applicable data protection laws including GDPR where applicable.

15. Dispute Resolution

15.1 Negotiation

Parties agree to first attempt resolution through good-faith negotiations.

15.2 Arbitration

If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the arbitration body in Dubai, UAE.

15.3 Governing Law

These Terms shall be governed by the laws of the United Arab Emirates.

16. Force Majeure

Neither party shall be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, war, terrorism, pandemics, internet failures, or government actions.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Continued use of services constitutes acceptance of modified Terms.

18. Severability

If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with any Service Agreements and SOWs, constitute the entire agreement between parties and supersede all prior agreements.

20. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations with notice.

21. Notices

All notices shall be in writing and delivered to:

22. Waiver

No waiver of any term shall be deemed a continuing waiver or waiver of any other term.

23. Survival

Provisions regarding confidentiality, intellectual property, limitation of liability, and indemnification shall survive termination.

24. Contact Information

For questions about these Terms and Conditions, please contact us at [email protected]