Terms and Conditions

Effective Date: August 27, 2025

Please read these Terms and Conditions ("Terms") carefully before using the www.iserix.com website (the "Website") or engaging the software development services (the "Services") of iSerix Softwares ("us", "we", or "our"). Your access to and use of the Website and Services is conditioned upon your acceptance of and compliance with these Terms.

1. Definitions

• "Client" refers to the individual, company, or entity that engages our Services.
• "Agreement" refers to the formal project proposal, Statement of Work (SOW), or contract signed by both the Client and us.
• "Software" refers to the custom software application, website, or system developed by us as per the Agreement.
• "Intellectual Property" refers to all patents, copyrights, trademarks, trade secrets, and other proprietary rights.

2. Scope of Services

We provide custom software development services tailored to the Client's specific requirements. The detailed scope, features, functionalities, and deliverables for each project will be documented in a formal Agreement. Any work requested outside of the agreed-upon scope will be considered a "Change Request" and may incur additional costs.

3. Payment Terms

• One-Time Charge: Our services are primarily billed on a fixed, one-time charge basis, as outlined in the Agreement. This charge covers the entire development lifecycle from conception to deployment.
• No Hidden Fees: We are committed to financial transparency. The price quoted in the Agreement is the final price, exclusive of any applicable taxes (such as GST), unless additional work is requested via a Change Request.
• Payment Schedule: The total project cost will be broken down into a payment schedule (e.g., advance payment, milestone payments, and final payment upon completion) as defined in the Agreement. Work will commence only after the advance payment is received.
• Late Payments: In the event of a delay in milestone payments, we reserve the right to pause the project work until the payment is cleared.

4. Intellectual Property and Ownership

• Customer Ownership: Upon receipt of full and final payment from the Client, the complete Intellectual Property rights, including the source code of the custom-developed Software, will be transferred to the Client. The Client will be the sole owner of the final Software.
• Pre-existing IP: We retain ownership of all our pre-existing code, libraries, frameworks, and technologies used to develop the Software. The Client will be granted a non-exclusive, perpetual license to use such pre-existing IP as part of the final Software.
• Portfolio Rights: We reserve the right to display and showcase the completed project in our portfolio, case studies, and marketing materials, unless a separate Non-Disclosure Agreement (NDA) explicitly prohibits it.

5. Maintenance, Guarantee, and Support

• 1 Year Free Maintenance: We provide a complimentary one-year maintenance period starting from the date of project deployment. This maintenance covers bug fixes and rectifying any errors or issues arising from our development work. It does not include new feature development, enhancements, or issues caused by third-party modifications, server/hosting changes, or software updates (e.g., OS, browser updates).
• 3 Year Guarantee: We offer a three-year guarantee on the core functionality of the Software as delivered. This guarantee warrants that the Software will be free from critical defects in workmanship and will function as described in the Agreement. This guarantee is void if the code is modified by any party other than iSerix Softwares.
• Paid Support: After the conclusion of the free maintenance period, the Client may opt for an Annual Maintenance Contract (AMC) for continued support, updates, and assistance.

6. Client Responsibilities

The Client agrees to cooperate fully with us and to provide, in a timely manner, all necessary information, data, and access required for the successful completion of the project. The Client is responsible for the accuracy and legality of all content and data provided to us.

7. Confidentiality

Both parties agree to keep all confidential information (including but not limited to business strategies, technical data, and project details) private and not to disclose it to any third party without prior written consent. This obligation continues even after the completion of the project.

8. Limitation of Liability

In no event shall iSerix Softwares be liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, data, or use, incurred by the Client or any third party, whether in an action in contract or tort, even if we have been advised of the possibility of such damages. Our maximum liability for any claim arising out of the Agreement shall not exceed the total fees paid by the Client to us under that Agreement.

9. Warranties and Disclaimer

We warrant that the Services will be performed in a professional and workmanlike manner. Except for the express warranties stated in Section 5, our Services and the Software are provided "AS IS," and we expressly disclaim all other warranties, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose.

10. Termination

Either party may terminate the Agreement if the other party commits a material breach of these Terms and fails to remedy it within 30 days of written notice. Upon termination, the Client is obligated to pay for all work completed up to the termination date.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the courts of Agra, Uttar Pradesh, India.

12. Miscellaneous

These Terms, along with the specific project Agreement, constitute the entire agreement between the parties. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

13. Contact Us

If you have any questions about these Terms, please contact us at:
iSerix Softwares
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Email: [support@iserix.com]
Phone: [Updating...]