Terms & Conditions
X Stack Inc.
Who we are
Bridging the Gap Between Technology and Strategy
Welcome to X Stack Inc., where over a decade of industry experience meets a passion for client-centric, innovative solutions. Founded by seasoned professionals in software, mobile, and web app development, our company was born out of a desire to address the critical gap, between client technology vision and strategic logic, crucial for businesses to succeed.
Terms and Conditions
1. Introduction
These Terms and Conditions (“Agreement”) govern the provision of custom software development and consulting services (“Services”) by X Stack Inc. (“Company”, “we”, “us”, or “our”) to the client (“Client”, “you”, or “your”). By engaging our Services, you agree to be bound by these terms.
2. Services
2.1. Scope of Services: We will provide custom software development and consulting services as outlined in the Statement of Work (“SOW”) or project proposal.
2.2. Changes to Services: Any modifications to the scope of Services must be agreed upon in writing by both parties.
3. Payment Terms
3.1. Fees: The fees for the Services will be as set forth in the SOW or project proposal.
3.2. Invoicing and Payment: We will invoice you as per the schedule outlined in the SOW. Payment is due within [15] days of the invoice date unless otherwise specified.
3.3. Late Payments: Late payments will incur interest at a rate of [1.5%] per month or the maximum rate permitted by law, whichever is lower.
4. Intellectual Property Rights
4.1. Ownership: Unless otherwise agreed in writing, all intellectual property rights in the deliverables created by us will be transferred to you upon full payment of all fees and expenses due.
4.2. Pre-existing Materials: We retain ownership of all pre-existing materials and tools used in the delivery of the Services, including any enhancements or modifications thereof.
4.3. License to Use: We grant you a non-exclusive, non-transferable license to use our pre-existing materials incorporated in the deliverables solely for your internal business purposes.
5. Confidentiality
5.1. Confidential Information: Both parties agree to treat all information disclosed by the other party that is designated as confidential or that should reasonably be considered confidential as such.
5.2. Use and Disclosure: Neither party will use the other’s confidential information except as necessary to perform its obligations under this Agreement. Neither party will disclose such information to any third party without the other party’s prior written consent.
6. Warranties and Disclaimers
6.1. Warranties: We warrant that the Services will be performed in a professional and workmanlike manner.
6.2. Disclaimers: Except as expressly provided herein, the Services are provided “as is,” and we disclaim all other warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose.
7. Limitation of Liability
7.1. Limitation: Our total liability to you for any claims arising under or related to this Agreement will not exceed the total amount paid by you for the Services during the [12] months preceding the event giving rise to the claim.
7.2. Exclusion of Consequential Damages: In no event will we be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to this Agreement.
8. Term and Termination
8.1. Term: This Agreement will commence on the effective date and continue until the completion of the Services unless terminated earlier in accordance with this Section 8.
8.2. Termination for Convenience: Either party may terminate this Agreement for convenience upon [30] days’ written notice.
8.3. Termination for Cause: Either party may terminate this Agreement immediately upon written notice if the other party materially breaches any provision of this Agreement and fails to cure such breach within [15] days’ notice.
9. Governing Law and Dispute Resolution
9.1. Governing Law: This Agreement will be governed by and construed in accordance with the laws of state or county and country as specified in Agreement.
9.2. Dispute Resolution: Any disputes arising out of or in connection with this Agreement will be resolved through good faith negotiations. If such negotiations fail, the parties agree to submit to binding arbitration in accordance with the rules of the [Arbitration Organization] as specified in Agreement.
10. Miscellaneous
10.1. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or representations.
10.2. Amendments: Any amendments to this Agreement must be in writing and signed by both parties.
10.3. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
10.4. Notices: All notices under this Agreement must be in writing and will be deemed given when delivered personally, sent by confirmed email, or sent by certified mail, return receipt requested.
By engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.