TERMS AND CONDITIONS

Effective Date: June 2026

1. Introduction

These Terms and Conditions ("Terms") govern the access to and use of the website, products, and services provided by FuturesSoft Technology Pvt. Ltd. ("FuturesSoft," "Company," "we," "us," or "our").

By accessing our website, engaging our services, requesting a quotation, executing a project agreement, or otherwise using our services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

If you do not agree to these Terms, you must discontinue use of our website and services.

 

2. Definitions

For the purposes of these Terms:

• Client means any individual, business entity, organization, or representative engaging FuturesSoft for services.

• Services means software development, web development, mobile application development, cloud solutions, CMS development, digital marketing, consulting, support, maintenance, and related services.

• Deliverables means software, source code, documentation, designs, reports, applications, websites, and other materials specifically created for the Client.

• Project Agreement means any proposal, quotation, statement of work, service agreement, contract, purchase order, or written communication defining project scope and commercial terms.

• Confidential Information means non-public business, technical, financial, or operational information disclosed by either party.

 

3. Services

FuturesSoft may provide the following services:

• Custom software development

• Website design and development

• Mobile application development

• Cloud solutions and deployment

• Content Management System (CMS) development

• Digital marketing services

• Technology consulting

• Maintenance and support services

• Other technology-related services

The specific scope, timeline, pricing, deliverables, and obligations applicable to a project shall be defined in the relevant Project Agreement.

In the event of any conflict between these Terms and a Project Agreement, the Project Agreement shall prevail with respect to that engagement.

 

4. Website Use

Users agree to use the website only for lawful purposes and in accordance with these Terms.

Users shall not:

• Violate applicable laws or regulations.

• Upload malicious software, malware, viruses, or harmful code.

• Attempt unauthorized access to systems, servers, databases, or accounts.

• Interfere with website functionality or security.

• Use automated tools to scrape, harvest, or extract data without permission.

• Infringe intellectual property rights of FuturesSoft or third parties.

We reserve the right to suspend or restrict access to users who violate these provisions.

 

5. Client Responsibilities

The Client agrees to:

• Provide accurate and complete information.

• Supply required content, data, credentials, approvals, and materials necessary for project completion.

• Ensure supplied content does not infringe third-party rights.

• Review deliverables within agreed review periods.

• Designate an authorized point of contact for communications and approvals.

• Cooperate reasonably with project requirements.

FuturesSoft shall not be responsible for delays resulting from the Client's failure to meet these responsibilities.

 

6. Project Engagements

Project scope, milestones, timelines, deliverables, and fees shall be defined in writing.

Any request that materially alters approved project requirements shall constitute a Change Request.

Change Requests may result in:

• Additional fees

• Revised delivery schedules

• Modified project scope

• Additional resource allocation

No Change Request shall be binding unless approved by both parties.

 

7. Acceptance of Deliverables

Unless otherwise specified in a Project Agreement, Deliverables shall be deemed accepted when:

• The Client provides written approval; or

• The Deliverable is placed into production or publicly used; or

• Fourteen (14) calendar days have passed after delivery without written notice of material defects.

FuturesSoft shall have a reasonable opportunity to correct reported defects before any claim of non-acceptance may be made.

 

8. Fees and Payment

The Client agrees to pay all fees specified in the applicable Project Agreement.

Unless otherwise agreed:

• Deposits are due before project commencement.

• Invoices shall be payable within the period stated on the invoice.

• Late payments may result in suspension of services.

• Taxes, duties, and governmental charges are the Client's responsibility unless expressly stated otherwise.

FuturesSoft reserves the right to charge interest on overdue balances at the maximum rate permitted by applicable law.

Ownership rights in Deliverables shall not transfer until all outstanding invoices have been paid in full.

Deposits and payments already earned for completed work are generally non-refundable.

 

9. Intellectual Property Rights

Client Ownership

Subject to full payment of all applicable fees, the Client shall own the Deliverables specifically developed under the Project Agreement unless otherwise stated.

FuturesSoft Ownership

FuturesSoft retains ownership of:

• Proprietary frameworks

• Internal development tools

• Templates

• Methodologies

• Know-how

• Reusable code libraries

• Development processes

• Pre-existing intellectual property

Nothing in these Terms transfers ownership of FuturesSoft's pre-existing intellectual property.

Open-Source Components

Projects may incorporate open-source software or third-party components governed by their respective licenses.

The Client agrees to comply with applicable licensing requirements associated with such components.

 

10. Portfolio and Marketing Rights

Unless otherwise agreed in writing, FuturesSoft may identify the Client as a customer and display:

• Client name

• Logo

• Public project screenshots

• General project descriptions

for portfolio, marketing, case-study, promotional, and business-development purposes.

Confidential information shall not be disclosed under this section.

 

11. Confidentiality

Each party agrees to protect confidential information received from the other party.

Confidential Information shall not be:

• Disclosed to third parties;

• Used for unauthorized purposes; or

• Shared beyond personnel who reasonably require access.

These obligations shall survive termination of the engagement.

Confidentiality obligations shall not apply to information that:

• Is publicly available;

• Was lawfully obtained from another source;

• Was independently developed;

• Must be disclosed by law or court order.

 

12. Data Protection and Privacy

Personal information collected through our website or services shall be handled in accordance with our Privacy Policy.

Each party shall implement reasonable measures to protect personal data and confidential information within its control.

The Client remains responsible for ensuring that any personal data supplied to FuturesSoft has been collected and shared lawfully.

 

13. Service Availability

FuturesSoft endeavors to maintain reliable website and service availability.

However, uninterrupted availability cannot be guaranteed.

Service interruptions may occur due to:

• Maintenance activities

• Infrastructure failures

• Third-party service outages

• Cybersecurity incidents

• Internet disruptions

• Events beyond reasonable control

 

14. Warranties

FuturesSoft warrants that services will be performed with reasonable professional skill, care, and diligence consistent with industry standards.

Except as expressly stated herein, all services, software, and deliverables are provided on an "AS IS" and "AS AVAILABLE" basis.

To the fullest extent permitted by law, all implied warranties are disclaimed, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

15. Security Disclaimer

While FuturesSoft follows commercially reasonable security practices, no system can be guaranteed to be completely secure.

FuturesSoft shall not be liable for losses arising from:

• Cyberattacks

• Unauthorized access

• Data breaches caused by third parties

• Internet vulnerabilities

• Events beyond our reasonable control

unless resulting directly from our proven gross negligence or willful misconduct.

 

16. Limitation of Liability

To the maximum extent permitted by law, FuturesSoft shall not be liable for:

• Indirect damages

• Consequential damages

• Special damages

• Punitive damages

• Loss of profits

• Loss of revenue

• Loss of business opportunities

• Business interruption

• Loss of data

FuturesSoft's aggregate liability arising from any claim related to the Services shall not exceed the total fees paid by the Client for the specific Services giving rise to the claim during the twelve (12) months preceding the claim.

Nothing in these Terms shall limit liability where such limitation is prohibited by applicable law.

 

17. Indemnification

The Client agrees to defend, indemnify, and hold harmless FuturesSoft, its directors, officers, employees, contractors, affiliates, and representatives against claims, liabilities, damages, costs, and expenses arising from:

• Violation of these Terms;

• Misuse of Services;

• Client-provided content;

• Violation of applicable laws;

• Infringement of third-party intellectual property rights.

 

18. Non-Solicitation

During the term of engagement and for twelve (12) months thereafter, the Client shall not directly solicit for employment or engage FuturesSoft employees or contractors who were involved in the Client's project without prior written consent.

 

19. Force Majeure

Neither party shall be liable for delay or failure to perform obligations resulting from events beyond reasonable control, including:

• Natural disasters

• Earthquakes

• Floods

• Fires

• Epidemics

• Government actions

• Labor disputes

• Internet outages

• Telecommunications failures

• Cyberattacks

• Power interruptions

Performance obligations shall be suspended for the duration of the force majeure event.

 

20. Suspension and Termination

FuturesSoft may suspend or terminate Services immediately if:

• These Terms are violated;

• Fraudulent activity is suspected;

• Payments remain overdue;

• Continued access threatens system security;

• Required cooperation is not provided.

Clients may terminate Services according to the applicable Project Agreement.

Termination shall not affect accrued rights, payment obligations, confidentiality obligations, or intellectual property protections.

 

21. Dispute Resolution

The parties shall first attempt to resolve disputes through good-faith negotiations.

If a dispute cannot be resolved amicably, either party may pursue legal remedies available under applicable law.

 

22. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Nepal.

Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts located in Lalitpur, Nepal.

 

23. Electronic Communications

The parties agree that electronic communications, emails, electronic approvals, and digital records may be relied upon as valid communications and evidence, to the extent permitted by law.

 

24. Amendments

FuturesSoft reserves the right to modify these Terms at any time.

Updated versions shall become effective upon publication on our website unless otherwise stated.

Continued use of our website or Services following publication constitutes acceptance of the revised Terms.

 

25. Severability

If any provision of these Terms is found unenforceable or invalid, the remaining provisions shall remain in full force and effect.

 

26. Entire Agreement

These Terms, together with any applicable Project Agreement, Privacy Policy, proposal, quotation, or service contract, constitute the entire agreement between the parties regarding the subject matter herein.

 

For questions regarding these Terms, please contact us using the details above.