1. Definitions
“Agreement” refers to these Terms and Conditions, together with any service-specific agreements or Statements of Work (SOW) entered into between Gatisofttech and the Client.
“Client” means the individual or entity that engages Gatisofttech for Services.
“Deliverables” means the tangible and intangible outputs of the Services, including software, designs, documentation, and other materials.
“Services” means the IT services provided by Gatisofttech to the Client, as outlined in the Agreement.
2. Services
Gatisofttech provides a range of IT services, including but not limited to:
Software Development:
[List specific types, e.g., web application development, mobile app development, custom software development, software testing, etc.]IT Consulting:
[List specific types, e.g., IT strategy consulting, cybersecurity consulting, cloud migration consulting, etc.]Cloud Solutions:
[List specific types, e.g., cloud infrastructure setup and management, cloud application development, cloud security services, etc.]IT Support:
[List specific types, e.g., help desk support, network maintenance, IT infrastructure management, etc.]- The specific Services to be provided will be detailed in a separate SOW or service agreement.
3. Intellectual Property
Ownership: Gatisofttech retains ownership of all intellectual property rights related to its Services, including software, designs, and materials developed or provided by Gatisofttech. This includes pre-existing intellectual property used in the development of Deliverables, unless otherwise agreed in writing.
Client Materials:ย The Client warrants that it has the right to use any materials it provides to Gatisofttech for the purpose of the Services.
Usage Rights: Gatisofttech grants the Client a non-exclusive, non-transferable, [perpetual/term-limited] license to use the Deliverables solely for its internal business purposes. The Client may not modify the software or Deliverables without written permission from Gatisofttech, except for minor modifications necessary for its internal use.
4. Payment Terms
Payment for Services will be made in accordance with the payment schedule outlined in the Agreement or SOW.
Payments are due in [currency] and are payable by [payment methods, e.g., bank transfer, credit card].
Late payments may be subject to a late payment fee of [percentage or fixed amount] per [period, e.g., month].
5. Warranties
Gatisofttech warrants that the Services will be performed with reasonable skill and care.
Gatisofttech will provide bug fixes for software Deliverables for a period of [duration] after delivery.
Gatisofttech disclaims all other warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted1 by law.
6. Limitation of Liability
To the fullest extent permitted by law, Gatisofttech shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the Client’s use of the Services or Deliverables, including but not limited to lost profits, loss of data, or business interruption.
Gatisofttech’s total liability to the Client for any and all claims arising out of or relating to this Agreement shall be limited to the amount of fees paid by the Client to Gatisofttech for the specific Service giving rise to the claim in the [duration, e.g., 6 months] preceding the claim.
Gatisofttech shall not be liable for any loss or damage arising from the Client’s negligence, misuse of the Services or Deliverables, or breach of this Agreement.
7. Confidentiality
Both parties agree to hold confidential any proprietary or sensitive information shared during the course of the Agreement. This obligation shall survive the termination of this Agreement.
8. Termination
Termination by Client: The Client may terminate this Agreement by providing [notice period] written notice to Gatisofttech, subject to the terms of the Agreement or SOW.
Termination by Gatisofttech: Gatisofttech may terminate this Agreement immediately upon written notice to the Client if the Client:
- Breaches any material provision of this Agreement.
- Fails to make payments as per the agreed terms.
- Becomes insolvent or bankrupt.
9. Dispute Resolution
Any dispute arising out of or relating to this Agreement shall be settled amicably through mutual discussion. If the parties are unable to reach a resolution, the dispute shall be settled through [mediation/arbitration] in accordance with the laws of [jurisdiction].
10. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to any cause beyond its reasonable control,2 including but not limited to acts of God, natural disasters, war, terrorism,3 pandemics, or government regulations.
11. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior4 or contemporaneous communications, representations, or agreements, whether oral or written.
12. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall6 remain in full force and effect.
13. Notices
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered7 personally, upon the first business day following deposit in the mail, postage prepaid, certified or registered, return receipt requested;8 or upon the first business day following deposit with a nationally recognized overnight courier, addressed as follows:
If to Gatisofttech
ย
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Surat City.
15. Modifications
Gatisofttech may update or change these Terms and Conditions from time to time. Any changes will be posted on Gatisofttech’s website, and the effective date will be updated. By continuing to use Gatisofttech’s services after the changes are posted, the Client agrees to the updated Terms and Conditions.
16. Contact Information
If you have any questions about these Terms and Conditions or need further information, please contact us at info@gatisofttech.com