Terms & Conditions

1. Acceptance of Terms

By accessing or using the website of Nexois Infotech (https://nexois.co.in) or by engaging our services, you agree to be bound by these Terms & Conditions and by our Privacy Policy. If you do not agree, please do not use our website or services.

If you accept these terms on behalf of a company or other legal entity, you confirm that you have the authority to bind that entity. This website is intended for users who are at least 18 years old and capable of entering into a binding contract under the Indian Contract Act, 1872.

2. Our Services

Nexois Infotech provides custom software development, IT consulting, mobile app development, cloud & DevOps, data engineering, AI solutions, UI/UX design, and related technology services. Information on this website is for general purposes and does not by itself constitute an offer or a binding quotation.

Each engagement is governed by a written project agreement, statement of work (SOW), or accepted proposal. Nothing on this website creates a client relationship until such a document is agreed by both parties.

3. Intellectual Property

Unless a written project agreement states otherwise:

• All content on this website, including text, graphics, logos, images, design, and code, is owned by or licensed to Nexois Infotech and is protected by applicable intellectual property laws, including the Copyright Act, 1957 and the Trade Marks Act, 1999.
• Custom deliverables created specifically for a client are assigned to that client on receipt of full payment of all amounts due under the project agreement. Until then, the client holds a limited, non-transferable licence to use them for the agreed purpose.
• Pre-existing tools, libraries, frameworks, templates, and know-how owned by Nexois Infotech, and any general knowledge or skills gained during an engagement, remain our property. Where such materials are embedded in a deliverable, the client receives a perpetual, non-exclusive, royalty-free licence to use them as part of that deliverable.
• Third-party and open-source components remain subject to their own licences, which continue to apply.
• Nexois Infotech may identify the client and describe the general nature of a project in its portfolio unless the client objects in writing or a confidentiality clause prohibits it.

4. Acceptable Use of the Website

When using our website, you agree not to:

• Provide false, inaccurate, or misleading information when contacting us or completing forms
• Use the website for any unlawful purpose or in breach of any applicable law, including the Information Technology Act, 2000
• Attempt to gain unauthorised access to the website, its servers, or connected systems
• Scrape, copy, reproduce, distribute, or modify website content without our prior written consent
• Introduce viruses, malware, or other harmful or disruptive code
• Interfere with the website's operation, for example through denial-of-service attacks or excessive automated requests

5. Project Engagements

All software development and consulting engagements are governed by the project agreement. In general:

• Projects are delivered on a fixed-scope, milestone-based model unless otherwise agreed
• Changes to scope are handled through a written change request and may adjust timelines and fees
• Clients are expected to provide timely access, information, feedback, and approvals; delays on the client's side may extend timelines and costs
• We share regular progress updates and demos during the build phase
• Deliverables are treated as accepted if the client does not report material defects in writing within the acceptance period stated in the project agreement
• Post-launch support and maintenance are available under separate SLA-backed arrangements
• If these Terms conflict with a signed project agreement, the project agreement prevails for that engagement

6. Fees and Payment

Fees, invoicing schedules, and payment deadlines are set out in the project agreement. Unless stated otherwise, fees are exclusive of applicable taxes, including GST, which are payable in addition at the prevailing rate.

Late payments may attract interest at the rate stated in the project agreement, and we may pause work or withhold delivery of outstanding deliverables until overdue amounts are paid. Fees paid for work already performed or committed are non-refundable unless the project agreement provides otherwise.

7. Confidentiality

Each party agrees to keep confidential any non-public information received from the other in connection with an engagement, including business data, technical specifications, source code, and anything marked or reasonably understood to be confidential. It may be used only for the purpose of the engagement and disclosed only to personnel and advisers who need to know it and are bound by equivalent duties.

This obligation does not apply to information that is public through no fault of the recipient, was already lawfully known to the recipient, is independently developed, or must be disclosed by law or court order (in which case the recipient will, where lawful, notify the other party first). This obligation survives termination of any agreement for the period stated in the project agreement, or for five (5) years if none is stated.

8. Privacy and Data Protection

We handle personal data in accordance with our Privacy Policy and applicable law, including the Digital Personal Data Protection Act, 2023. Where we process personal data on a client's behalf during an engagement, the roles and responsibilities of each party will be set out in the project agreement or a separate data processing agreement.

9. Disclaimer of Warranties

This website and its content are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted, error-free, or free of harmful components.

Case studies, testimonials, and project metrics on this website describe past results and do not guarantee future outcomes. This disclaimer applies to the website; warranties, service levels, and support commitments for paid services are those stated in the project agreement.

10. Limitation of Liability

To the maximum extent permitted by law, Nexois Infotech shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to your use of our website or services.

Our total aggregate liability for any claim arising out of a service engagement shall not exceed the fees actually paid by the client for the specific service giving rise to the claim in the twelve (12) months before the claim arose, unless the project agreement states a different limit. For claims relating only to use of the website, our liability is limited to INR 5,000.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, wilful misconduct, or death or personal injury caused by negligence.

11. Indemnity

You agree to indemnify and hold harmless Nexois Infotech, its directors, employees, and contractors from claims, losses, and reasonable legal costs arising from your breach of these Terms, your misuse of the website, or content, data, or materials you supply to us that infringe third-party rights or violate the law.

12. Third-Party Links and Services

Our website may link to third-party websites or services that are not owned or controlled by Nexois Infotech. We are not responsible for their content, privacy policies, or practices, and a link does not imply endorsement. Your use of third-party sites is at your own risk and subject to their terms.

13. Force Majeure

Neither party is liable for delay or failure to perform obligations (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, epidemics, war, riots, government action, power or internet outages, failures of third-party cloud or hosting providers, or cyber-attacks despite reasonable safeguards. The affected party must notify the other promptly and take reasonable steps to resume performance.

14. Termination

We may suspend or restrict access to the website at any time, without prior notice, if you breach these Terms or if required for security, legal, or maintenance reasons.

Termination of a service engagement is governed by the project agreement. If it does not specify otherwise, either party may terminate by giving thirty (30) days' written notice, or immediately for a material breach that remains uncured fifteen (15) days after written notice. On termination, the client must pay for all work performed and expenses incurred up to the termination date.

Provisions that by their nature should survive termination, including those on intellectual property, confidentiality, payment, disclaimers, limitation of liability, indemnity, and dispute resolution, will continue to apply.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of India, without regard to conflict-of-law principles.

The parties will first try to resolve any dispute through good-faith negotiation for thirty (30) days after written notice of the dispute. If unresolved, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator appointed by mutual agreement (or, failing agreement, in accordance with the Act). The seat and venue of arbitration shall be [CITY, STATE], the language shall be English, and the award shall be final and binding.

Subject to the above, the courts at [CITY, STATE] shall have exclusive jurisdiction over any matter that may be brought before a court, including interim relief and enforcement of an award.

16. General Provisions

• Entire agreement: these Terms, the Privacy Policy, and any signed project agreement form the entire agreement between you and us on their subject matter and replace earlier understandings
• Severability: if any provision is held invalid or unenforceable, the remaining provisions continue in full effect
• No waiver: failure or delay in enforcing a right is not a waiver of that right
• Assignment: you may not assign your rights or obligations under these Terms without our written consent; we may assign ours in connection with a merger, restructuring, or sale of our business
• Independent parties: nothing here creates a partnership, joint venture, agency, or employment relationship
• Notices: formal notices to us must be sent in writing to the email or postal address below; we may notify you by email or by posting on this website
• Electronic records: these Terms are an electronic record under the Information Technology Act, 2000 and do not require a physical signature

17. Changes to These Terms

We may update these Terms from time to time. Changes take effect when posted on this page, with a revised "Last updated" date. For material changes affecting existing clients, we will give at least 30 days' notice by email before they apply to that engagement. Continued use of the website after changes take effect means you accept the updated Terms.

18. Contact Us

If you have any questions about these Terms & Conditions, please contact us: