Terms and Conditions

1. Services

1.1 Scope of Services:

App Technologies agrees to provide services as described in the service agreement or project proposal.

1.2 Modifications:

Any modifications to the services must be agreed upon in writing by both parties.

2. Payment and Fees

2.1 Invoices:

Invoices for all services provided by App Technologies will be issued in accordance with the agreed terms. Payment is due within thirty (30) days from the date of the invoice unless otherwise specified in the service agreement.

2.2 Payment Methods:

Payments can be made via bank transfer, credit card, or any other payment method agreed upon by both parties. App Technologies reserves the right to change the accepted payment methods at any time, provided that the client is given reasonable notice.

2.3 Late Payments:

Payments not received by the due date will incur a late fee of 1.5% per month on the outstanding balance, or the maximum allowed by law, whichever is less. App Technologies reserves the right to suspend or terminate services if payment is not received within 30 days of the due date.

2.4 Service Fees:

Fees for services will be outlined in the service agreement. All fees are subject to change with a 30-day written notice to the client.

2.5 Additional Fees:

Additional fees may apply for services outside the scope of the original agreement, including but not limited to, urgent requests, additional features, or custom development. These fees will be discussed and agreed upon before the additional work is undertaken.

2.6 Taxes:

All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. The client is responsible for paying all such taxes, levies, or duties, excluding only taxes based solely on App Technologies' income.

2.7 Invoice Disputes:

If the client disputes any portion of an invoice, they must notify App Technologies in writing within 14 days of the invoice date. The client agrees to pay the undisputed portion of the invoice within the normal payment terms.

2.8 Refund Policy:

Fees for services rendered are non-refundable. In the event of a billing error, please contact App Technologies within 14 days of the invoice date, and any agreed-upon adjustments will be applied to the next billing cycle.

2.9 Currency of Payment:

All payments must be made in [specified currency] unless otherwise agreed upon in writing.

2.10 Termination for Non-Payment:

App Technologies reserves the right to terminate the contract or suspend services if payment is not received within 30 days of the due date, with prior written notice to the client.

3. Client Responsibilities

3.1 Access and Information:

The client agrees to provide App Technologies with necessary access, information, and resources to perform the services.

3.2 Accuracy of Information:

The client is responsible for the accuracy and completeness of all information and data provided to App Technologies.

4. Confidentiality

4.1 Confidential Information:

Both parties agree to keep confidential all information marked as confidential or that reasonably should be understood to be confidential.

4.2 Non-Disclosure:

Confidential information will not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law.

5. Intellectual Property

5.1 Ownership:

The client retains ownership of all intellectual property rights in any materials provided to App Technologies.

5.2 License:

The client grants App Technologies a non-exclusive, royalty-free license to use, reproduce, and modify the materials provided solely for the purpose of performing the services.

5.3 Deliverables:

Upon payment in full, the client will own the intellectual property rights to the deliverables created by App Technologies, unless otherwise specified in the service agreement.

6. Warranties and Disclaimers

6.1 Services Warranty:

App Technologies warrants that the services will be performed in a professional and workmanlike manner.

6.2 Disclaimer:

Except as expressly provided in this agreement, App Technologies disclaims all other warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, and non-infringement.

7. Limitation of Liability

7.1 Exclusion of Damages:

App Technologies will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or data, arising out of or related to this agreement.

7.2 Cap on Liability:

App Technologies' total liability for any claim arising out of or related to this agreement will not exceed the amount paid by the client for the services in the 12 months preceding the claim.

8. Term and Termination

8.1 Term:

This agreement will commence on the effective date and continue until the services are completed or terminated as provided herein.

8.2 Termination for Convenience:

Either party may terminate this agreement for convenience with 30 days' written notice.

8.3 Termination for Cause:

Either party may terminate this agreement immediately upon written notice if the other party breaches a material term of this agreement and fails to cure the breach within 15 days after receiving notice of the breach.

8.4 Effect of Termination:

Upon termination, the client will pay for all services performed up to the effective date of termination. Sections 4, 5, 6, 7, and 9 will survive termination of this agreement.

9. Miscellaneous

9.1 Governing Law:

This agreement will be governed by and construed in accordance with the laws of the Nepal Government, without regard to its conflict of laws principles.

9.2 Dispute Resolution:

Any disputes arising out of or related to this agreement will be resolved through good faith negotiations. If the parties cannot resolve the dispute through negotiations, they agree to submit to binding arbitration in Nepal.

9.3 Entire Agreement:

This agreement, including any attached schedules or exhibits, constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to its subject matter.

9.4 Amendments:

Any amendments to this agreement must be in writing and signed by both parties.

9.5 Severability:

If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

9.6 Notices:

All notices under this agreement must be in writing and delivered to the addresses specified in the service agreement or project proposal.