1. Introduction
These Terms & Conditions ("Terms") govern your access to and use of the services, websites, applications and products (collectively, the "Services") provided by Flex Coders Company ("Flex Coders", "we", "us" or "our"). By using our Services you agree to be bound by these Terms. If you do not agree, do not use the Services.
2. Definitions
"User" means any individual or legal entity that uses our Services. "Client" means a User who has entered into a paid agreement with Flex Coders.
3. Services
Flex Coders provides software development, consulting, maintenance, and related professional services. Specific features, scope, and deliverables are described in individual proposals, statements of work, or order forms which, when signed by both parties, become part of the agreement between Client and Flex Coders.
4. Fees & Payments
- All fees are specified in the applicable proposal or invoice. Unless otherwise agreed, fees are due within 15 days of invoice.
- Late payments may incur interest at the lesser of 1.5% per month or the maximum allowed by law.
- Taxes: Client is responsible for all applicable taxes (except Flex Coders' income taxes).
5. Client Obligations
Client will provide accurate information, timely approvals, access to systems and personnel as reasonably required. Delays in Client cooperation may affect project timelines and costs.
6. Intellectual Property
Unless otherwise agreed in writing, Flex Coders retains ownership of pre-existing tools, libraries, templates, and methodologies used to perform the Services ("Background IP"). Client receives a non-exclusive license to any deliverables created specifically for the Client upon full payment. Parties may negotiate assignment of rights in a separate agreement.
7. Confidentiality
Each party will keep confidential information of the other party in confidence and not disclose it except as required by law. Confidential information does not include information that is publicly available through no fault of the receiving party.
8. Privacy
Our Privacy Policy explains how we collect and process personal data. By using our Services you agree to our collection and use of information as described in that policy.
9. Warranties & Disclaimer
Flex Coders will perform services in a professional manner consistent with industry standards. Except as expressly provided, services are provided "AS IS" and Flex Coders disclaims all other warranties, express or implied, including merchantability or fitness for a particular purpose to the fullest extent permitted by law.
10. Limitation of Liability
To the maximum extent permitted by law, Flex Coders' aggregate liability for claims arising out of or related to these Terms will not exceed the total amount of fees paid by Client to Flex Coders under the specific order giving rise to the claim in the twelve (12) months preceding the claim. Neither party will be liable for indirect, incidental, special, punitive or consequential damages.
11. Indemnification
Client will indemnify and hold Flex Coders harmless from claims, liabilities, losses, and expenses arising from Client's breach of these Terms, violation of law, or misuse of the Services.
12. Term & Termination
These Terms remain in effect until terminated. Either party may terminate a Statement of Work for material breach if the breach remains uncured after 30 days' written notice. Termination does not relieve Client of the obligation to pay for Services performed prior to termination.
13. Changes to Terms
Flex Coders may modify these Terms from time to time. We will notify you of material changes via the email on file or by posting them on our site. Continued use of the Services after changes constitutes acceptance of the updated Terms.
14. Dispute Resolution & Governing Law
These Terms are governed by the laws of India without regard to conflict-of-law rules. Parties will attempt to resolve disputes informally. If not resolved, disputes will be submitted to the courts located in .
15. General Provisions
- Entire Agreement: These Terms and any signed Statements of Work constitute the entire agreement between the parties regarding the Services.
- Severability: If a provision is found unenforceable, the remaining provisions remain in effect.
- Assignment: Client may not assign its rights or obligations without Flex Coders' prior written consent.