Terms of Service

Last updated: January 20, 2025

1. Agreement to Terms

By accessing or using the services provided by ShiftX Technologies ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

2. Description of Services

ShiftX Technologies provides technology consulting and development services, including but not limited to:

  • Custom web and software development
  • Cloud architecture and migration services
  • DevOps and automation solutions
  • Cybersecurity consulting
  • Data center and infrastructure services
  • Content management system (CMS) development
  • Point of sale (POS) system implementation

3. Client Responsibilities

As a client, you agree to:

  • Provide accurate and complete information as required for projects
  • Respond to requests for information or feedback in a timely manner
  • Ensure you have the necessary rights to any materials you provide
  • Make payments according to agreed-upon terms
  • Not use our services for any unlawful purpose

4. Project Agreements

Specific terms for individual projects, including scope, timeline, deliverables, and pricing, will be outlined in separate project proposals or statements of work ("SOW"). In the event of any conflict between these Terms and a project SOW, the SOW shall prevail for that specific project.

All project quotes and estimates are valid for 30 days unless otherwise stated. Project timelines are estimates and may be adjusted based on scope changes or unforeseen circumstances.

5. Intellectual Property

Client Materials

You retain ownership of all materials, content, and intellectual property you provide to us. You grant us a limited license to use these materials solely for the purpose of delivering the agreed-upon services.

Deliverables

Upon full payment, you will own the custom code, designs, and other deliverables created specifically for your project, except for:

  • Pre-existing tools, libraries, or frameworks
  • Third-party software or components
  • General knowledge and methodologies

6. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of the engagement. This includes business strategies, technical specifications, financial information, and any other information marked as confidential. This obligation shall survive the termination of any agreement.

7. Payment Terms

Payment terms will be specified in individual project agreements. Unless otherwise stated:

  • A deposit may be required before work commences
  • Invoices are due within 14 days of receipt
  • Late payments may incur interest charges
  • We reserve the right to suspend work on overdue accounts

8. Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner. We will correct any defects in deliverables reported within 30 days of delivery at no additional cost.

EXCEPT AS EXPRESSLY STATED, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIFTX TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify and hold harmless ShiftX Technologies, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of our services, your violation of these Terms, or your violation of any rights of a third party.

11. Termination

Either party may terminate an engagement with written notice. In the event of termination:

  • Client shall pay for all work completed up to the termination date
  • We will deliver all completed work and work-in-progress
  • Confidentiality obligations shall survive termination

12. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which ShiftX Technologies is registered, without regard to its conflict of law provisions.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website. Your continued use of our services after such changes constitutes your acceptance of the new Terms.

15. Contact Information

If you have any questions about these Terms, please contact us at:

ShiftX Technologies

Email: hello@shiftx.tech

Phone: +230 5XXX XXXX

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