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Terms & Conditions

Please read these Terms and Conditions carefully before using our website or engaging our services. By accessing our website at nexarabiatech.com or by engaging Nex Arabia Technologies Web Solutions for any service, you agree to be bound by these terms. If you do not agree with any part of these terms, you should not use our website or engage our services.

These Terms and Conditions apply to all visitors to our website and to all clients who engage our services. Where a separate written agreement or project contract exists between Nex Arabia Technologies Web Solutions and a client, the terms of that specific agreement will take precedence over these general terms in the event of any conflict.

Last Updated: January 2025 · Effective Date: January 2025

1. Definitions

In these Terms and Conditions, the following definitions apply:

  • “Company”, “we”, “us”, “our” refers to Nex Arabia Technologies Web Solutions, a software engineering company based in Hyderabad, Telangana, India.
  • “Client”, “you”, “your” refers to any individual, business, or organisation that engages our services or uses our website.
  • “Services” refers to website development, mobile application development, cloud infrastructure, server management, cybersecurity, maintenance, and any other services provided by the Company.
  • “Project” refers to a specific piece of work agreed between the Company and a Client, as described in a written proposal or project agreement.
  • “Deliverables” refers to all websites, applications, code, designs, documents, and other outputs produced by the Company as part of a Project.
  • “Proposal” refers to the written document prepared by the Company setting out the scope, timeline, cost, and terms of a specific Project.
  • “Intellectual Property” refers to all copyrights, trademarks, design rights, patents, trade secrets, and other intellectual property rights in the Deliverables and any materials produced in connection with the Services.

2. Use of Our Website

2.1 Permitted Use

You may use our website for the purpose of learning about our services, contacting us with a project enquiry, reading our blog content, and accessing information about our company. You must use the website only for lawful purposes and in a manner that does not infringe the rights of others.

2.2 Prohibited Conduct

You must not:

  • Use our website in any way that violates applicable local, national, or international laws or regulations
  • Attempt to gain unauthorised access to any part of our website, server, or connected systems
  • Introduce viruses, malware, or other malicious or harmful material to our website or systems
  • Reproduce, distribute, or commercially exploit any content from our website without our express written permission
  • Use automated tools to scrape or extract data from our website

2.3 Website Availability

We aim to keep our website available at all times but do not guarantee uninterrupted access. We may suspend or withdraw access to all or any part of our website for business or operational reasons without prior notice. We are not liable if our website is unavailable at any time.

3. Services and Proposals

3.1 Project Proposals

All Services are provided on the basis of a written Proposal agreed between the Company and the Client before work commences. The Proposal sets out the agreed scope, timeline, payment terms, and total cost. No work will begin until the Proposal has been accepted in writing by the Client and the commencement payment has been received.

3.2 Scope of Work

The Company will deliver the Services as described in the agreed Proposal. Any work requested that falls outside the agreed scope will be treated as a change request, assessed for impact on timeline and cost, and confirmed in a written change order before being implemented. The Company is not obligated to carry out out-of-scope work without a signed change order.

3.3 Client Responsibilities

The Client agrees to:

  • Provide accurate and complete information required for the delivery of the Services
  • Review and provide feedback on design, content, and development deliverables within agreed timeframes
  • Make payments on time in accordance with the agreed payment schedule
  • Provide access to any systems, accounts, or third-party services required to complete the Project
  • Ensure that any materials provided to the Company for use in the Project do not infringe any third-party rights

Delays caused by the Client's failure to fulfil these responsibilities may affect the Project timeline. The Company is not liable for delays resulting from incomplete or inaccurate information, late feedback, or failure to provide required access.

4. Payment Terms

4.1 Standard Payment Structure

Unless otherwise agreed in the Proposal, the standard payment structure is:

  • 30% — Commencement payment, due before work begins
  • 40% — Mid-project milestone payment, due at the agreed milestone
  • 30% — Completion payment, due before deployment to the live environment

4.2 Invoice Payment

Invoices are due for payment within 7 days of the invoice date unless otherwise stated in the Proposal. For international clients, payment is due in USD by wire transfer unless an alternative currency has been agreed. For domestic clients, payment is due in INR by bank transfer (NEFT/RTGS/IMPS) or UPI.

4.3 Late Payment

If payment is not received by the due date, the Company reserves the right to: suspend work on the Project until payment is received; charge interest on overdue amounts at a rate of 2% per month; and withhold delivery or deployment of Deliverables until all outstanding amounts are settled.

4.4 Taxes

All fees quoted are exclusive of applicable taxes. GST at the prevailing rate will be added to invoices issued to clients based in India. International invoices are issued exclusive of Indian GST. Clients are responsible for any taxes, duties, or levies applicable in their own jurisdiction.

5. Intellectual Property

5.1 Ownership of Deliverables

Upon receipt of full and final payment for a Project, the Company assigns to the Client all intellectual property rights in the bespoke Deliverables created specifically for that Project. This assignment takes effect only upon settlement of all outstanding invoices related to the Project.

5.2 Company Retained Rights

The Company retains intellectual property rights in the following, even after project completion and full payment:

  • Pre-existing tools, frameworks, libraries, and code developed by the Company prior to the Project
  • General methodologies, techniques, and know-how used in the delivery of Services
  • Any third-party components, open-source libraries, or licensed software incorporated into the Deliverables

5.3 Third-Party Components

Where Deliverables incorporate open-source software or third-party libraries, such components remain subject to their respective licences. The Company will inform the Client of any significant open-source or third-party components included in the Deliverables.

5.4 Portfolio Rights

The Company reserves the right to reference completed Projects in its portfolio, case studies, and marketing materials unless the Client has expressly requested confidentiality in writing before the Project commences.

6. Confidentiality

Both parties agree to keep confidential any information received from the other party that is identified as confidential or that a reasonable person would understand to be confidential, including business plans, technical specifications, pricing information, and client data.

The Company will not disclose Client information to third parties except as required to deliver the Services, as required by law, or as otherwise permitted under these Terms or a separate agreement. Where confidentiality is a particular concern, the Client may request that a separate Non-Disclosure Agreement be signed before discussions begin.

7. Warranties and Representations

7.1 Company Warranties

The Company warrants that:

  • Services will be delivered with reasonable skill and care
  • Deliverables will substantially conform to the agreed specification at the time of delivery
  • The Company has the right to provide the Services and assign intellectual property rights as described in these Terms

7.2 Client Warranties

The Client warrants that:

  • All information and materials provided to the Company are accurate and do not infringe any third-party rights
  • The Client has the authority to enter into the agreement and engage the Services
  • The intended use of the Deliverables complies with all applicable laws and regulations

7.3 Post-Launch Bug Fix Period

The Company provides a 30-day post-launch bug fix period covering defects that are directly attributable to the Company's work and that existed at the time of delivery. This warranty does not cover issues arising from changes made by the Client after launch, third-party integrations outside the agreed scope, or new feature requests.

8. Limitation of Liability

8.1 Exclusion of Indirect Losses

To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, consequential, or special loss or damage arising out of or in connection with the Services or these Terms, including loss of profits, loss of revenue, loss of business, loss of data, or reputational damage.

8.2 Cap on Liability

The Company's total liability to the Client in connection with any Project shall not exceed the total fees paid by the Client for that specific Project.

8.3 Third-Party Services

The Company is not liable for the performance, availability, or security of third-party services, platforms, or APIs integrated into the Deliverables, including payment gateways, cloud platforms, mapping services, or communication tools. The Company will exercise reasonable care in selecting and integrating third-party services but cannot be held responsible for failures in those services.

9. Termination

9.1 Termination by the Client

The Client may terminate a Project by providing written notice to the Company. In the event of termination by the Client, all work completed to the date of termination will be invoiced and must be paid in full. Any commencement or milestone payments already made are non-refundable. Deliverables completed to the date of termination will be provided to the Client upon receipt of all outstanding payments.

9.2 Termination by the Company

The Company may terminate a Project or suspend work with written notice if:

  • The Client fails to make payment by the due date and does not remedy the default within 14 days of written notice
  • The Client provides materially false information that affects the Company's ability to deliver the Services
  • The Client requests the Company to engage in activities that are unlawful or unethical

9.3 Effect of Termination

On termination for any reason, all outstanding invoices become immediately due. Clauses relating to intellectual property, confidentiality, limitation of liability, and governing law survive termination of any agreement between the parties.

10. Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Hyderabad, Telangana, India.

For international clients, we will make reasonable efforts to resolve disputes amicably before resorting to formal legal proceedings. Nothing in this clause prevents either party from seeking urgent injunctive relief in an appropriate jurisdiction.

11. General Provisions

11.1 Entire Agreement

These Terms and Conditions, together with any written Proposal or project agreement, constitute the entire agreement between the Company and the Client in relation to the Services and supersede all prior discussions, representations, or agreements.

11.2 Amendments

The Company reserves the right to update these Terms and Conditions at any time. The version in force at the time a Project commences will govern that Project. We will update the ‘Last Updated’ date when changes are made.

11.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be severed from the remaining terms, which shall continue in full force and effect.

11.4 Waiver

Failure by the Company to enforce any provision of these Terms shall not constitute a waiver of the Company's right to enforce that provision or any other provision at a later date.

11.5 Force Majeure

The Company shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, power outages, internet service disruptions, or government actions. The Company will notify the Client promptly and take reasonable steps to resume normal service as soon as practicable.

12. Contact for Legal Enquiries

If you have questions about these Terms and Conditions or wish to raise a concern, please contact us.

Nex Arabia Technologies Web Solutions

Hyderabad, Telangana, India
Laws of India — Jurisdiction: Hyderabad, Telangana