Terms And Conditions

Quotations And Estimates:

All quotations and estimates provided by Futuresoft technologies Ltd are valid for a period of 30days from the date of issue.

All quoted prices, excluding where indicated, do not include goods and services tax.

Quotations may be provided by Futuresoft Technologies Ltd to offer the client a guide on the projected costing of a project prior to any discovery or research for said project.

Payment Terms:

Futuresoft technologies Ltd will only commence the work on the quoted application once agreed deposit has been made.

Service beyond agreed free maintenance period will be subject to Annual maintenance Charges(AMC) which will be charged at 30%(percent) of the original development cost of the project. For any addition cost for new module, the cost is added to initial cost for the calculation of the AMC.

The AMC percentage can be negotiated which depends on the amount of effort and work required. This percentage can however vary.

Intellectual Property:

Futuresoft technologies Ltd disclaims all warranties or conditions, whether expressed or implied (including without limitation implied, warranties or conditions of information and context)

Unless specified, all quotations provided by Futuresoft technologies Ltd do not include any source code license.

All source code and associated intellectual property relation to said source code, developed by Futuresoft technologies Ltd, solely remains the property of Futuresoft technologies Ltd, except where specific code license has been issued to the client and the said issuance has been indicated into writing from Futuresoft technologies Ltd.

Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by Futuresoft technologies Ltd for the quoted applications may be a breach of trademark and Copyrights laws. If said breach is confirmed, penalties will apply under relevant laws.

Termination:

Either party may terminate the Agreement upon sixty (60) days’ notice to the other party. Either party may terminate this Agreement immediately if the other party breaches the terms of this Agreement and the breach remain uncured for 30 days from the date of receipt of notice. In case of termination, the Consultant shall be paid for the Services provided on a pro-rata basis.

Futuresoft technologies Ltd will invoice any work completed to date as percentage of the total work involved.

The minimum cancellation fee will be 30% of the signed quotation

Warranties:

Except as expressly stated in this Agreement, the parties disclaim all warranties of any kind, implied, statutory, or in any communication between them, including without limitation, the implied warranties of merchantability, non-infringement, title, and fitness for a particular purpose

Permissions AndCopyrights:

The client will obtain all necessary permissions and authorities with respect to the use of all copy, graphics, logos, names and trademarks and any other materials supplied by the client to Futuresoft technologies Ltd.

Supply of said materials by the client to Futuresoft technologies Ltd shall be regarded as a guarantee that all suchpermissions and authorities have been sought and obtained for the said material.

No responsibility will be accepted by Futuresoft technologies Ltd for damages or losses incurred by the client from the use of materials for which permissions or authorities has not been obtained.

Alterations:

Any alterations requested by the client after development has begun will incur extra development

Indemnity AndRelease:

Client shall indemnify the Company and its parents, subsidiaries, affiliated companies, officers and employees and hold them harmless from any and all claims and expenses, including legal fees arising from your use of the Services.

Client shall release the Company and its parents, subsidiaries, affiliated companies, officers and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever.

Confidentiality:

Confidential information shall mean any information disclosed by one party to the other party, in any form including without limitation documents, business plans, source code, software, technical/ financial/ marketing/ customer/ business information, specifications, analysis, designs, drawings, data, computer programs, any information relating to personnel or Affiliates of a party and include information disclosed by third parties at the direction of a Disclosing Party and marked as confidential within 15 days of such disclosure. Confidential Information shall however, exclude any information which (i) is/ was publicly known or comes into public domain; (ii) is received by the Receiving Party from a third party, without breach of this Agreement; (iii) was already in the possession of Receiving Party, without confidentiality restrictions, at the time of disclosure by the Disclosing Party; (iv) is permitted for disclosure by the Disclosing Party in writing; (v) independently developed by the Receiving Party without use of Confidential Information; (vi) is required to be disclosed by the Receiving Party pursuant to any order or requirement from court, administrative or governmental agency, provided that the Receiving Party shall give the Disclosing Party prompt written notice of such order or requirement and an opportunity to contest or seek an appropriate protective order. The Receiving Party agrees not to use any Confidential Information for any purpose except for conducting business with the Disclosing Party, or otherwise agreed in writing.

Non-Hire and Non-Solicitation:

During the term of this Agreement and for one (2) years thereafter, neither party will directly or indirectly recruit, solicit or induce any personnel, Consultant or advisor of the other party to terminate his or her relationship with such other party without the prior written permission of the other party.

Force Majeure:

Neither party shall be liable for any failure or delay in fulfilling the terms of this Agreement due to fire, strike, war, civil unrest, terrorist action, government regulations, act of Nature or other causes which are unavoidable and beyond the reasonable control of the party claiming force majeure. This provision shall not be construed as relieving either party from its obligation to pay any sum due to the other party.