1. Introduction

These Terms & Conditions ("Terms") govern your use of services provided by Awinteck Solutions (Awinteck Inc.) ("Awinteck", "we", "us", or "our"), including but not limited to website development, mobile application development, software maintenance, hosting support, and related professional services (collectively, the "Services"). By engaging our Services or using our website you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

2. Definitions

• Client: The individual or entity that contracts Awinteck for Services.
• Deliverables: Software, websites, applications, documentation, or other work products delivered to the Client.
• Project: The scope of work described in a proposal, quotation, statement of work (SOW), or invoice.
• Confidential Information: Non-public information exchanged between the parties as described in these Terms.

3. Engagement & Scope

Services are provided pursuant to a mutually agreed proposal, SOW, purchase order, or invoice. The scope, timeline, milestones, and fees for each Project will be as set out in those documents. Any changes to scope must be documented and approved in writing (including by email) and may result in adjustments to price and delivery dates.

4. Fees, Payment & Taxes

Client agrees to pay fees in accordance with the applicable invoice, proposal, or SOW. Unless otherwise stated, Awinteck requires a deposit (commonly 20–50%) before work commences, with the balance due on completion or according to the agreed milestone schedule. Invoices are payable in the currency specified and are due within the payment terms stated on the invoice (commonly 14 or 30 days). Late payments may incur interest at the lesser of 1.5% per month or the maximum permitted by law. Client is responsible for any applicable taxes, duties, or levies unless a valid exemption is provided.

5. Client Responsibilities

The Client will provide timely access to required information, materials, approvals, accounts, and personnel. Delays in providing requested input or approvals may result in revised timelines and additional fees. Client warrants that materials it provides (text, images, code, data) do not infringe third-party rights and are accurate and lawful.

6. Intellectual Property

6.1 Pre-existing IP: Each party retains ownership of its pre-existing intellectual property.

6.2 Deliverables: Unless otherwise agreed in writing, upon full payment of fees, Awinteck assigns to the Client all transferable intellectual property rights in the Deliverables created specifically for the Client under the Project. Awinteck reserves the right to retain copies of Deliverables for archival, regulatory, and demonstration purposes.

6.3 Third-Party Components: Deliverables may incorporate third-party libraries or components (open-source or commercial). Such components remain subject to their original licenses. If the Client requires replacement of a component for licensing reasons, additional fees may apply.

7. Confidentiality

Each party agrees to keep confidential the other party’s Confidential Information and to use it only for the purposes of performing obligations under these Terms. Confidential Information does not include information that is publicly known, rightfully received from a third party, independently developed, or required to be disclosed by law.

8. Warranties & Disclaimers

Awinteck warrants that Services will be performed with reasonable skill and care in accordance with industry practices. For a period of 30 days after delivery (or as otherwise agreed in the SOW), Awinteck will remedy defects attributable to its work at no additional charge. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AWINTECK WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES. AWINTECK’S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING FROM OR RELATED TO A PROJECT IS LIMITED TO THE TOTAL AMOUNTS PAID BY THE CLIENT TO AWINTECK UNDER THE APPLICABLE SOW OR INVOICE IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Indemnification

The Client agrees to indemnify and hold Awinteck harmless from claims, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from the Client’s breach of these Terms, misuse of Deliverables, or infringement of third-party rights via Client-provided content. Awinteck shall indemnify the Client against claims that Deliverables (excluding third-party components or Client-provided content) infringe a third party’s intellectual property rights, subject to the Client providing prompt notice and cooperation.

11. Data Protection

Both parties will comply with applicable data protection laws. When processing personal data on behalf of the Client, Awinteck will act as a data processor and implement reasonable technical and organizational measures to protect personal data. The parties may sign a separate Data Processing Addendum if required.

12. Support & Maintenance

Ongoing support, maintenance, or hosting services are provided only if agreed in a separate support agreement or SOW. Response times, service levels, and fees for maintenance will be specified in that agreement.

13. Termination

Either party may terminate an engagement for material breach if the breach remains uncured after 30 days’ written notice. On termination, the Client will pay for Services performed and expenses incurred up to the termination date. Sections regarding Intellectual Property, Confidentiality, Indemnity, Limitation of Liability, and Payment will survive termination.

14. Force Majeure

Neither party will be liable for delays or failures caused by events beyond their reasonable control (such as natural disasters, strikes, pandemics, acts of government, or network outages). The affected party should promptly notify the other and make reasonable efforts to resume performance.

15. Relationship of Parties

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of the jurisdiction in which Awinteck is incorporated. Disputes should first be attempted to be resolved amicably between the parties. If unresolved, disputes may be submitted to the competent courts of that jurisdiction or resolved through mediation/arbitration if the parties agree.

17. Changes to These Terms

Awinteck may update these Terms from time to time. Where a material change is made, Awinteck will provide notice by posting the updated Terms on our website or by emailing the Client. Continued use of Services after changes constitutes acceptance of the revised Terms.

18. Entire Agreement

These Terms, together with any signed proposals, SOWs, or support agreements, constitute the entire agreement between the parties regarding the subject matter and supersede prior agreements or understandings.

19. Contact

For questions about these Terms or to contact us, email: support@awinteck.com or visit our website for additional contact options.