Terms of Service

1. Company Overview

Tecsack Software is a global technology consulting and software engineering company providing services including custom software development, web and mobile application development, cloud migration and infrastructure, data analytics, artificial intelligence solutions, cybersecurity services, and IT strategy and consulting.

Our services are intended for business clients. By engaging Tecsack Software, you represent that you are entering into these Terms on behalf of a legal entity and have the authority to bind that entity.

2. Website Use

2.1 Permitted Use

You may use our website for lawful purposes only. You agree not to:

• Use the website in any way that violates applicable local, national, or international laws or regulations
• Transmit unsolicited commercial communications (spam)
• Attempt to gain unauthorised access to any part of the website or its related systems
• Introduce malicious software, viruses, or other harmful material
• Engage in scraping, data mining, or systematic extraction of content without our written consent
• Impersonate Tecsack Software or any of its employees, partners, or affiliates

2.2 Availability

We do not guarantee that our website will always be available or free from errors. We reserve the right to modify, suspend, or withdraw access to the website at any time without notice for maintenance, updates, or other operational reasons.

3. Services and Engagement

3.1 Service Agreements

The delivery of professional services by Tecsack Software is governed by a separate written agreement between the parties (a Statement of Work, Master Services Agreement, or similar engagement letter). These Terms apply to all such engagements and are incorporated by reference unless expressly superseded in writing.

3.2 Scope of Work

All deliverables, timelines, resource allocations, and fees will be defined in the applicable engagement document. Any changes to agreed scope must be documented through a formal change request process and signed by authorised representatives of both parties.

3.3 Client Obligations

To enable us to deliver services effectively, you agree to:

• Provide timely access to relevant systems, data, and personnel as reasonably required
• Designate a primary contact authorised to make decisions on your behalf
• Provide accurate and complete information necessary for project delivery
• Review and provide feedback on deliverables within agreed timeframes
• Ensure that any third-party materials or data you provide do not infringe any third-party rights

Delays caused by failure to meet client obligations may result in revised timelines and may incur additional costs.

4. Intellectual Property

4.1 Company IP

All proprietary methodologies, frameworks, tools, libraries, templates, and pre-existing intellectual property owned by Tecsack Software prior to or developed independently of a client engagement remain the exclusive property of Tecsack Software. Nothing in these Terms transfers ownership of Company IP to you.

4.2 Work Product

Unless otherwise agreed in writing, upon receipt of full payment, Tecsack Software assigns to you all rights, title, and interest in the bespoke work product developed specifically for your project. This assignment excludes any Company IP embedded in or underlying the work product, for which we grant you a non-exclusive, perpetual, royalty-free licence to use as part of the delivered solution.

4.3 Website Content

All content on this website — including text, graphics, logos, images, and code — is owned by or licensed to Tecsack Software and protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

5. Fees and Payment

Unless otherwise specified in the engagement agreement:

• Fees are invoiced in accordance with the agreed payment schedule (milestone-based or monthly)
• Invoices are payable within 30 days of the invoice date
• Late payments may accrue interest at the rate of 2% per month on the outstanding balance
• We reserve the right to suspend services if an invoice is overdue by more than 14 days following written notice
• All fees are exclusive of applicable taxes (VAT, GST, or equivalent), which shall be payable by the Client
• Reasonable out-of-pocket expenses (e.g. travel, third-party licences) pre-approved by the Client will be reimbursed

6. Confidentiality

Each party agrees to maintain the confidentiality of the other party's proprietary and confidential information disclosed during the engagement, and to use such information solely for the purposes of the engagement. This obligation survives termination of the engagement for a period of five (5) years.

Confidentiality obligations do not apply to information that is: (a) already publicly known; (b) independently developed without use of confidential information; (c) lawfully received from a third party; or (d) required to be disclosed by law or court order.

We are happy to execute a mutual Non-Disclosure Agreement (NDA) prior to discussing your project requirements. Please contact us to arrange this.

7. Data Protection

Where we process personal data on your behalf in the course of delivering services, we act as a data processor and you act as the data controller. We will process such data only in accordance with your documented instructions and applicable data protection legislation. Our full data processing obligations are set out in our Privacy Policy and any applicable Data Processing Agreement.

8. Warranties and Representations

8.1 Our Warranties

Tecsack Software warrants that:

• Services will be performed by qualified professionals with reasonable skill and care
• We have the right to provide the services and grant the rights described herein
• We will comply with applicable laws and regulations in the delivery of our services

8.2 Disclaimer

Except as expressly stated above, our website and services are provided "as is" and "as available" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our services will be error-free or uninterrupted.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Tecsack Software's total aggregate liability to you for any claim arising out of or in connection with these Terms or the delivery of services shall not exceed the total fees paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.

In no event shall Tecsack Software be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profit, loss of data, loss of business, or reputational damage, even if we have been advised of the possibility of such damages.

Nothing in these Terms limits liability for: (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by negligence; or (c) any other liability that cannot be excluded by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Tecsack Software and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of our website in violation of these Terms; (b) any third-party materials you provide that infringe third-party intellectual property rights; or (c) your breach of these Terms.

11. Term and Termination

11.1 Termination for Cause

Either party may terminate an engagement immediately upon written notice if the other party: (a) commits a material breach of these Terms that is not remedied within 14 days of written notice; (b) becomes insolvent, enters administration, or is subject to winding-up proceedings.

11.2 Termination for Convenience

Either party may terminate an engagement for convenience upon 30 days' written notice. Upon termination for convenience by the Client, you shall pay for all work completed up to the date of termination plus any non-cancellable costs already incurred.

11.3 Effect of Termination

Upon termination, each party shall promptly return or destroy the other's confidential information. Clauses relating to intellectual property, confidentiality, payment, limitation of liability, and governing law shall survive termination.

12. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by events beyond its reasonable control, including acts of God, war, civil unrest, government actions, pandemics, or failure of third-party infrastructure. The affected party shall notify the other promptly and use reasonable endeavours to mitigate the impact.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws applicable in the jurisdiction where Tecsack Software is registered. Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

Before initiating formal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 days. If unresolved, either party may seek mediation before a mutually agreed mediator prior to litigation.

14. Amendments

We reserve the right to update these Terms at any time. Material changes will be communicated via a notice on our website. Your continued use of our services following such notice constitutes acceptance of the revised Terms.

15. Entire Agreement

These Terms, together with any applicable engagement agreement, constitute the entire agreement between the parties with respect to their subject matter and supersede all prior agreements, representations, and understandings. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force.

16. Contact

For any questions regarding these Terms, please contact us: