Terms of Service

Last updated: January 2025

1. Acceptance of Terms

By accessing and using the services provided by SW DEVELOPMENT ("we," "us," or "our"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

SW DEVELOPMENT provides software development services, including but not limited to:

  • Custom software development
  • Web application development
  • Mobile application development
  • Software consulting and architecture
  • Technical support and maintenance
  • Project management and planning

3. Project Terms and Conditions

3.1 Project Initiation

All projects begin after receipt of the agreed-upon deposit and signed project agreement. Project timelines and deliverables are estimates and may be subject to change based on project complexity and client requirements.

3.2 Project Changes

Any changes to project scope, requirements, or deliverables must be submitted in writing and may result in additional costs and timeline adjustments. We reserve the right to charge additional fees for significant scope changes.

3.3 Project Completion

Projects are considered complete when all deliverables have been provided and accepted by the client. Final payment is due upon project completion and delivery of source code and documentation.

4. Payment Terms

4.1 Payment Schedule

  • 50% deposit required to begin project development
  • 25% payment due at project milestone (typically 50% completion)
  • 25% final payment due upon project completion and delivery

4.2 Late Payments

Late payments may result in project suspension and additional late fees. We reserve the right to withhold deliverables until payment is received in full.

4.3 Refund Policy

Deposits are non-refundable once project development has begun. Partial refunds may be considered on a case-by-case basis for incomplete projects.

5. Intellectual Property Rights

5.1 Client Ownership

Upon full payment, clients own the intellectual property rights to custom-developed software, excluding third-party components and our proprietary frameworks.

5.2 Our Rights

We retain rights to:

  • Proprietary frameworks and libraries
  • Reusable code components
  • Development methodologies and processes
  • Portfolio rights to showcase completed work

6. Confidentiality and Non-Disclosure

We maintain strict confidentiality regarding client information, business processes, and project details. Non-disclosure agreements are available upon request and are recommended for sensitive projects.

7. Warranty and Support

7.1 Software Warranty

We provide a 30-day warranty period for bug fixes and critical issues after project delivery. Additional support and maintenance services are available under separate agreements.

7.2 Third-Party Components

We are not responsible for issues arising from third-party components, libraries, or services used in project development. Support for these components is subject to their respective terms and conditions.

8. Limitation of Liability

Our liability is limited to the amount paid for the specific project. We are not liable for indirect, incidental, or consequential damages arising from the use of our services or delivered software.

9. Termination

9.1 Client Termination

Clients may terminate projects with written notice. Termination fees may apply based on work completed and project stage.

9.2 Our Termination

We reserve the right to terminate projects for:

  • Non-payment or payment delays
  • Violation of terms and conditions
  • Unreasonable demands or scope changes
  • Failure to provide required information or feedback

10. Communication and Project Management

Effective communication is essential for project success. We provide regular project updates and expect timely client feedback. Communication channels and response times are defined in the project agreement.

11. Force Majeure

We are not liable for delays or failures due to circumstances beyond our control, including but not limited to natural disasters, government actions, or technical infrastructure failures.

12. Governing Law

These terms are governed by the laws of Romania. Any disputes shall be resolved through negotiation, mediation, or legal proceedings in Romanian courts.

13. Changes to Terms

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting. Continued use of our services constitutes acceptance of modified terms.

14. Contact Information

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

SW DEVELOPMENT

+40 748 095 402

office@next-code-tech.com

Romania

15. Acceptance

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.