Terms of Service - Software Development Agreement

Agreement to Terms

These Terms of Service ("Terms") govern your use of the services provided by Arain & Co., a Canadian company located in Windsor, Ontario. By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access our services.

Our Services

Arain & Co. provides custom software development services including:

Custom application and website development
Cloud storage management and configuration
Domain registration and management
Security implementation and monitoring
Software updates and maintenance
24/7 technical support

Client Responsibilities

As a client, you agree to:

Provide accurate and complete information about your project requirements
Respond promptly to requests for feedback and approvals
Provide necessary access to systems, data, and resources
Make timely payments as agreed in the project contract
Respect intellectual property rights and confidentiality
Use our services in compliance with applicable laws and regulations

Payment Terms

Payment terms will be specified in individual project contracts. Generally:

Payment is due within 30 days of invoice date unless otherwise specified
Late payments may incur additional charges
All prices are in Canadian dollars unless otherwise specified
We reserve the right to suspend services for non-payment

Intellectual Property

Client Ownership

Upon full payment, clients own the custom software, applications, and deliverables created specifically for their project. This includes source code, documentation, and related materials.

Our Rights

We retain rights to our proprietary tools, frameworks, methodologies, and general knowledge gained during project execution. We may use anonymized project learnings to improve our services.

Confidentiality

We understand the sensitive nature of your business information. We will maintain strict confidentiality regarding all client information, project details, and proprietary data. All team members are bound by confidentiality agreements. We will not disclose client information to third parties without explicit consent, except as required by law.

Limitation of Liability

To the maximum extent permitted by Canadian law, Arain & Co. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities. Our total liability shall not exceed the total amount paid by the client for the specific services giving rise to the claim.

Service Level Agreement

We strive to provide reliable services with the following commitments:

24-48 hour response time for support requests
Regular security updates and maintenance
Proactive monitoring and issue resolution

Termination

Either party may terminate services with 30 days written notice. We may terminate services immediately if:

Client breaches these Terms or project contract
Payment is overdue by more than 30 days
Client engages in illegal or harmful activities
Any other reason deemed necessary

Upon termination, clients will not recieve any deliverables.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, or internet outages.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Ontario.

Changes to Terms

We reserve the right to modify these Terms at any time. Please check this page regularly for updates.

Contact Information

For questions about these Terms of Service, please contact us:

Email: info@arain.org

Phone: +1 (519) 919 6016

Address: Windsor, ON, Canada