Terms of Service

    Last updated: December 2024

    1. Acceptance of Terms

    By accessing and using Digineticx's website and services, you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our services. These Terms constitute a legally binding agreement between you and Digineticx.

    2. Description of Services

    Digineticx provides custom software development services, including but not limited to: - Web and mobile application development - Software consulting and technical advisory services - Quality assurance and testing services - Software maintenance and support - IT staff augmentation and dedicated development teams - Product development and discovery phase services We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

    3. Use of Services

    **3.1 Permitted Use** You may use our services only for lawful purposes and in accordance with these Terms. You agree not to: - Violate any applicable laws or regulations - Infringe upon the rights of others - Transmit any harmful, malicious, or illegal content - Attempt to gain unauthorized access to our systems or services - Interfere with or disrupt the operation of our services - Use our services to compete with us or harm our business **3.2 Account Responsibilities** If you create an account with us, you are responsible for: - Maintaining the confidentiality of your account credentials - All activities that occur under your account - Providing accurate and current information - Notifying us immediately of any unauthorized access

    4. Intellectual Property Rights

    **4.1 Our Intellectual Property** All content, features, and functionality of our services, including but not limited to text, graphics, logos, software, and designs, are owned by Digineticx or our licensors and are protected by copyright, trademark, and other intellectual property laws. **4.2 Client Intellectual Property** Subject to the terms of a separate service agreement: - You retain ownership of your proprietary information and materials - We retain ownership of our pre-existing intellectual property, tools, and methodologies - Work product created specifically for you may be assigned to you per the service agreement - We may use anonymized project information for portfolio and marketing purposes (with your consent) **4.3 License to Use** We grant you a limited, non-exclusive, non-transferable license to access and use our services for your internal business purposes, subject to these Terms.

    5. Service Agreements and Project Terms

    **5.1 Separate Agreements** Specific projects and services are governed by separate written agreements ("Service Agreements") that may include: - Project scope, deliverables, and timelines - Payment terms and pricing - Intellectual property ownership - Confidentiality obligations - Warranties and disclaimers **5.2 Conflicting Terms** In the event of a conflict between these Terms and a Service Agreement, the Service Agreement shall govern with respect to the specific project or service.

    6. Payment Terms

    **6.1 Fees and Billing** - Service fees are specified in your Service Agreement or as quoted by us - Payment terms, including due dates and methods, are outlined in your Service Agreement - All fees are non-refundable unless otherwise specified in your Service Agreement **6.2 Late Payments** - Late payments may incur interest charges as specified in your Service Agreement - We reserve the right to suspend services for accounts with overdue payments - You are responsible for all costs of collection, including legal fees **6.3 Taxes** - You are responsible for all applicable taxes, duties, and fees - Prices are exclusive of taxes unless otherwise stated

    7. Confidentiality

    **7.1 Confidential Information** Both parties may receive confidential information from each other. "Confidential Information" includes: - Business plans, strategies, and financial information - Technical specifications, source code, and proprietary methodologies - Customer lists, marketing plans, and trade secrets - Any information marked as confidential or reasonably understood to be confidential **7.2 Obligations** Each party agrees to: - Hold the other party's Confidential Information in strict confidence - Use Confidential Information solely for the purposes of the engagement - Not disclose Confidential Information to third parties without prior written consent - Return or destroy Confidential Information upon request **7.3 Exceptions** Confidentiality obligations do not apply to information that: - Is publicly available or becomes publicly available through no breach of these Terms - Was independently developed without use of Confidential Information - Is required to be disclosed by law or court order

    8. Warranties and Disclaimers

    **8.1 Service Warranties** We warrant that our services will be performed: - In a professional and workmanlike manner - In accordance with industry standards - In compliance with applicable laws and regulations **8.2 Disclaimers** TO THE MAXIMUM EXTENT PERMITTED BY LAW: - OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" - WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT - WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE - WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES, SOFTWARE, OR CONTENT **8.3 Limitation of Liability** IN NO EVENT SHALL DIGINETICX BE LIABLE FOR: - INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES - LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES - DAMAGES EXCEEDING THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM

    9. Indemnification

    You agree to indemnify, defend, and hold harmless Digineticx, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: - Your use of our services - Your violation of these Terms or any applicable law - Your infringement of any third-party rights - Content or materials you provide to us

    10. Termination

    **10.1 Termination by You** You may stop using our services at any time. Termination of a specific project is governed by your Service Agreement. **10.2 Termination by Us** We may suspend or terminate your access to our services immediately if: - You breach these Terms or your Service Agreement - You engage in fraudulent or illegal activities - Required by law or government authority - We discontinue the services **10.3 Effect of Termination** Upon termination: - Your right to use our services immediately ceases - We may delete your account and data (subject to data retention requirements) - Provisions that by their nature should survive termination will remain in effect

    11. Dispute Resolution

    **11.1 Governing Law** These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles. **11.2 Dispute Resolution Process** - First, contact us to attempt to resolve the dispute informally - If informal resolution fails, disputes may be resolved through binding arbitration or in courts of competent jurisdiction, as specified in your Service Agreement or applicable law **11.3 Class Action Waiver** You agree that any disputes will be resolved individually and not as part of a class action.

    12. General Provisions

    **12.1 Entire Agreement** These Terms, together with any Service Agreements, constitute the entire agreement between you and Digineticx regarding the use of our services. **12.2 Modifications** We reserve the right to modify these Terms at any time. Material changes will be notified through our website or email. Continued use of our services after changes constitutes acceptance. **12.3 Severability** If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect. **12.4 Assignment** You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets. **12.5 Waiver** Our failure to enforce any provision of these Terms does not constitute a waiver of that provision. **12.6 Force Majeure** We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control.

    13. Contact Information

    If you have questions about these Terms of Service, please contact us: **Digineticx** Email: digineticx@gmail.com Address: 28 Southchurch Rd, Southend-on-Sea SS1 2ND United Kingdom We will respond to your inquiry within a reasonable timeframe.