Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("Client", "User", "you"), and Himalya NextGen Technologies Pvt. Ltd. ("Company", "we", "us", "our"), concerning your access to and use of our website (himalyanextgen.com) and any services provided by us.

By accessing the website or engaging our services, you acknowledge that you have read, understood, and agreed to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the website and our services.

2. Definitions

• Services: Refers to all IT services provided by the Company, including but not limited to custom software development, web/mobile application development, cloud solutions, and IT consulting.
• Deliverables: Refers to the final software, code, documentation, or other assets produced by the Company for the Client as part of an engagement.
• Confidential Information: Includes all non-public information, source code, business strategies, and data disclosed by either party during the engagement.

3. Scope of Services

The Company provides professional IT services as specified in individual Statements of Work (SOW) or Service Agreements. We reserve the right to modify, suspend, or discontinue any part of our services with prior notice to active clients.

Our software development lifecycle follows industry-standard practices, including agile methodologies, regular code reviews, and automated testing. However, the exact scope, timeline, and deliverables for any project will be governed by the specific agreement signed between the parties.

4. Client Responsibilities

To ensure successful project delivery, the Client agrees to:

• Provide timely feedback and approvals on project milestones.
• Supply necessary data, access credentials, and technical documentation required for development.
• Ensure that all content and data provided to the Company do not infringe upon third-party intellectual property rights.
• Designate a primary point of contact for technical and administrative communications.

5. Payment & Commercials

Payment terms for our services are typically milestone-based as defined in the Service Agreement.

• Invoicing: Invoices are issued upon completion of specific milestones or on a monthly basis for staff augmentation services.
• Due Date: Standard payment terms are Net 15 days from the date of invoice, unless otherwise specified.
• Taxes: All fees are exclusive of applicable taxes (GST), which will be added at the prevailing rate.
• Late Payments: We reserve the right to suspend services or halt development if payments are delayed beyond the agreed period.

6. Intellectual Property Rights

Ownership of Intellectual Property (IP) is a critical component of our engagement:

• Background IP: Any pre-existing tools, libraries, or frameworks owned by the Company remain the property of the Company.
• Deliverables: Upon full payment of all dues, the ownership of custom source code and assets developed specifically for the Client will be transferred to the Client.
• Third-Party Components: Use of open-source or third-party libraries will be governed by their respective licenses (e.g., MIT, Apache).

7. Confidentiality

Both parties agree to protect the Confidential Information of the other party with the same degree of care as they protect their own. This obligation continues for a period of three (3) years after the termination of the engagement.

8. Warranties & Disclaimers

The Company warrants that the Services will be performed in a professional and workmanlike manner. We provide a limited warranty period of ninety (90) days post-delivery for bug fixes related to the agreed scope of work.

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

9. Limitation of Liability

To the maximum extent permitted by applicable law, the Company's total liability for any claim arising out of or relating to these Terms or our services shall not exceed the total fees paid by the Client to the Company in the twelve (12) months preceding the claim.

10. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our services or breach of these Terms.

11. Termination

Either party may terminate the engagement with thirty (30) days' written notice. Upon termination, the Client shall pay for all work completed up to the date of termination. All licenses granted for unpaid deliverables shall be revoked.

12. Governing Law & Jurisdiction

These Terms and your use of the website and services are governed by and construed in accordance with the laws of India. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Dehradun, Uttarakhand, India.

13. Dispute Resolution

Any dispute arising out of these Terms shall first be attempted to be resolved through mutual consultation. If unresolved within thirty (30) days, the dispute shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Dehradun, Uttarakhand.

14. Amendments

We reserve the right to amend these Terms at any time. We will notify you of any changes by updating the "Last Updated" date. Continued use of our services after such changes constitutes your acceptance of the new Terms.

15. Contact

For any questions regarding these Terms, please contact us at: