Commercial Agreements & Governance

Terms of Service Framework

Transparent commercial terms, clear IP transfer guarantees, and direct senior engineer accountability for every engagement.

SOW Governed
Mutual NDA Active
Updated: July 23, 2026
SECTION 01Core Guarantee

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Nexacos Private Limited concerning your access to and use of our engineering services, website, and digital assets.

  • Applies to all visitors of nexacos.com, commercial clients, and technical partners.
  • Governed under the corporate laws of India and applicable international digital commercial standards.
  • Continued use of our site or execution of a Statement of Work (SOW) constitutes explicit acceptance.
SECTION 02

Services & Engagement Scope

Nexacos Private Limited provides high-caliber software engineering, cloud architecture, IT consultancy, and digital transformation services.

  • Engagements are governed by specific Statements of Work (SOW) detailing scope, milestones, and deliverables.
  • Engineered directly by senior software architects with zero unnecessary middle management layers.
  • Deliverables undergo rigorous automated testing and security audits prior to client handover.
SECTION 03

Client & User Representations

By accessing our services or initiating project scoping, you represent and warrant that you possess full legal authority to enter binding agreements.

  • Legal Capacity: You possess the corporate or individual legal authority to execute commercial contracts.
  • Lawful Purpose: Services will not be utilized for unauthorized, illegal, or malicious cyber activities.
  • Information Accuracy: All technical requirements and business contact data provided are accurate and current.
SECTION 04Core Guarantee

Intellectual Property & Deliverable Handover

We enforce clear, uncompromised intellectual property transfer terms for all client software projects.

Custom Client Deliverables

Upon receipt of full payment for agreed milestones, 100% full legal title, copyright, and source code ownership of custom deliverables transfer exclusively to the client.

Proprietary Nexacos Frameworks

Pre-existing internal boilerplate libraries or developer tools remain the property of Nexacos, granted to clients under a perpetual, royalty-free commercial usage license.

SECTION 05

Prohibited System Usage

To protect our infrastructure and technical assets, specific actions are strictly prohibited across all digital interactions.

  • Automated Scraped Data Collection: Unauthorized systematic scraping or data harvesting of site assets.
  • Security Bypass: Attempting to probe, scan, test, or circumvent system security controls or firewalls.
  • System Interference: Launching denial-of-service (DoS) attacks or introducing malicious executable payloads.
  • Unauthorized Framing: Framing or mirroring any portion of nexacos.com without written consent.
SECTION 06

Statements of Work & Execution

Custom software builds operate under formal Statements of Work (SOW) specifying milestone deliverables, timelines, and acceptance criteria.

  • Milestone Definition: SOW documents explicitly define sprint goals, API specifications, and acceptance tests.
  • Change Management: Scope adjustments are documented via formal Change Orders with updated time/cost estimates.
  • Sign-off Protocol: Written milestone sign-off triggers code release and subsequent milestone progression.
SECTION 07

Payment Terms & Milestone Invoicing

Commercial terms are transparently structured around verified milestone achievements.

  • Net 30 Invoicing: Standard commercial invoices are payable within 30 days of issuance unless agreed otherwise.
  • Milestone-Based Billing: Payments correspond directly to verified code deliveries and SOW milestones.
  • Tax Responsibility: Fees are exclusive of applicable statutory taxes (GST/VAT), which are clearly itemized.
SECTION 08Core Guarantee

Strict Confidentiality & Mutual NDA

We treat all client code bases, system architectures, and trade secrets with absolute enterprise confidentiality.

  • Mutual NDA Execution: Standard or custom NDAs executed prior to exchanging proprietary code or data.
  • Zero AI Telemetry Exposure: Client code is never ingested or submitted into public LLM training datasets.
  • Restricted Access Controls: Access limited strictly to assigned senior engineers working on your project.
SECTION 09

Warranties & Technical Standards

We warrant that all engineering services are delivered in a professional, workmanlike manner adhering to modern software standards.

  • Warranty Period: Standard 30-day post-handover bug fix warranty included for SOW deliverables.
  • Code Quality Assurance: Comprehensive unit and integration test coverage included in code handovers.
  • As-Is Platform: Website content is provided "as-is" without implied legal warranties.
SECTION 10

Limitation of Liability

Liability terms are fair, balanced, and capped to protect both parties during commercial engineering engagements.

  • Indirect Damages Excluded: Neither party is liable for indirect, consequential, or punitive damages.
  • Liability Cap: Maximum aggregate liability is limited to the total fees paid under the applicable SOW in the 12 months preceding the claim.
SECTION 11

Mutual Indemnification

Both parties agree to defend and hold harmless against third-party claims arising from breaches of representations or IP infringement.

SECTION 12

Term & Termination

Either party may terminate an active agreement for cause with 30 days written notice upon material uncured breach.

SECTION 13

Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, with jurisdiction in Kolkata/West Bengal.

SECTION 14

Dispute Resolution & Arbitration

Disputes are resolved first through executive good-faith negotiation, followed by binding arbitration if unresolved within 30 days.

SECTION 15

Modifications to Terms

Terms are reviewed periodically. Material updates are posted here with a revised execution timestamp.

Commercial & Legal Inquiry

Questions About Our Commercial Terms?

Speak directly with our technical director and legal team to request custom Master Services Agreements (MSA) or SOW templates.

Chinsurah, Hooghly, West Bengal 712103
+91 6291441225
Nexacos Private Limited