1. Introduction
Welcome to Ellipse Software Technology. These Terms and Conditions ("Agreement") govern your use of our software development and related services ("Services"). By engaging our services, you agree to be bound by these terms. If you do not agree to these terms, you may not use our services.
2. Definitions
"Company" refers to Ellipse Software Technology, its affiliates, and subsidiaries.
"Client" refers to the individual or entity who engages the services of the Company.
"Services" refers to the software development, consulting, and any other related services provided by the Company.
"Intellectual Property" refers to any patents, trademarks, copyrights, or trade secrets owned by the Company.
3. Services
The Company agrees to provide the Services as described in the project proposal or statement of work. The scope, deliverables, and timelines will be detailed in the project documentation.
4. Client Obligations
The Client agrees to:
Provide all necessary information, resources, and access required for the Company to perform the Services.
Ensure that all provided information is accurate and complete.
Respond to requests for approvals or feedback in a timely manner.
5. Fees and Payment
Pricing: The fees for the Services will be outlined in the project proposal. Any additional work outside the original scope will be subject to additional fees.
Payment Terms: Payments are due within 30 days of the invoice date unless otherwise agreed upon in writing.
Late Payments: A late payment fee of 10% per month will apply to any unpaid balances.
Refund Policy: A refund policy is outlined in project proposal.
6. Intellectual Property
Ownership: All Intellectual Property created by the Company during the performance of the Services remains the property of the Company until full payment has been received. Upon payment, the Client will receive a non-exclusive, non-transferable license to use the Intellectual Property as outlined in the project agreement.
Restrictions: The Client may not modify, distribute, or resell the Intellectual Property without prior written consent from the Company.
7. Confidentiality
Both parties agree to keep confidential any non-public information obtained during the course of the Services. This obligation extends beyond the termination of this Agreement.
8. Data Protection and Privacy
The Company will comply with all applicable data protection laws and regulations. The Client agrees that the Company may process personal data as necessary to perform the Services.
9. Warranties and Disclaimers
Service Warranty: The Company warrants that the Services will be performed in a professional and workmanlike manner. However, the Company does not guarantee that the Services will be error-free.
Disclaimer: Except as expressly stated, the Services are provided "as is," and the Company disclaims all other warranties, express or implied.
10. Limitation of Liability
The Company's total liability to the Client for any claims arising out of or related to this Agreement will be limited to the amount paid by the Client for the Services. The Company will not be liable for any indirect, incidental, or consequential damages.
11. Termination
Termination by Client: The Client may terminate this Agreement at any time by providing 30 days' written notice.
Termination by Company: The Company may terminate this Agreement if the Client fails to meet its obligations, including timely payment, or if the Company determines that continuing the Services is not feasible.
Effects of Termination: Upon termination, the Client must pay for all Services rendered up to the termination date. The Company will deliver any work completed up to that point, and all licenses to use Intellectual Property will cease unless otherwise agreed.
12. Dispute Resolution
This Agreement will be governed by the laws of [Your Jurisdiction]. Any disputes arising under this Agreement will be resolved through binding arbitration in [Your Jurisdiction].
13. Amendments
The Company reserves the right to amend these Terms and Conditions at any time. The Client will be notified of any significant changes, and continued use of the Services after such notice constitutes acceptance of the revised terms.
14. Miscellaneous
Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements.
Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Force Majeure: The Company will not be liable for any delay or failure to perform due to circumstances beyond its control, including but not limited to natural disasters, war, or government actions.
15. Contact Information
For any questions or concerns regarding these Terms and Conditions, please contact us at:
Ellipse Software Technology
The Lake District Yewalewadi Pune
ellipsesofttech01@gmail.com
+918169392543