Terms of Service
Read PRAGMACS's terms of service governing the use of our website and services.
Last Updated: January 15, 2025
Introduction
Welcome to Pragma Consultancy and Solutions (PRAGMACS). These Terms of Service ("Terms") govern your access to and use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms.
Please read these Terms carefully before using our services. If you do not agree with any part of these Terms, you should not use our website or services.
Definitions
- "Company," "We," "Us," or "Our" refers to Pragma Consultancy and Solutions (PRAGMACS)
- "Client," "You," or "Your" refers to the individual or entity accessing or using our services
- "Services" refers to all software development, IT consulting, and related services provided by PRAGMACS
- "Website" refers to pragmacs.com and all associated domains
- "Agreement" refers to these Terms of Service and any associated service agreements or contracts
- "Deliverables" refers to software, code, documentation, and other work products created under our services
Acceptance of Terms
By accessing our website, requesting a consultation, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you are entering into this agreement on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.
We hold the right to modify, add, remove, or make obsolete any of the terms mentioned above or any terms agreed upon during a contract or service agreement. Such modifications will take effect upon notification or posting, and your continued engagement constitutes acceptance of the updated terms.
Services Description
PRAGMACS provides professional software development and IT services, including but not limited to:
- Custom software development
- Web and mobile application development
- API development and integration
- AI and machine learning solutions
- IT consulting and strategy
- Dedicated development teams
- Technical support and maintenance
Service Scope
The specific scope, deliverables, timeline, and pricing for each project will be defined in a separate Service Agreement, Statement of Work (SOW), or project proposal.
Service Availability
While we strive to provide uninterrupted services, we do not guarantee that our services will be available at all times or without interruption. Services may be suspended or terminated temporarily for maintenance, updates, or unforeseen circumstances.
Engagement Process
- Initial Consultation: We offer a free initial consultation to understand your requirements and assess project feasibility.
- Proposal and Agreement: Upon mutual agreement, we provide a detailed proposal including scope, timeline, deliverables, and pricing. A formal Service Agreement or Statement of Work will be executed before work begins.
- Development Process: We follow an agile development methodology with regular communication, progress updates, and client involvement throughout the project lifecycle.
- Delivery and Acceptance: Deliverables will be provided according to the agreed schedule. You will have a specified review period to test and approve deliverables.
- Support and Maintenance: Post-launch support terms will be outlined in the Service Agreement. Additional maintenance services are available under separate arrangements.
Payment Terms
Pricing
- Fixed price for defined scope
- Time and materials based on hourly/daily rates
- Monthly retainer for dedicated teams
- Milestone-based payments
Payment Schedule
- Upfront deposit (30-50% of total project cost)
- Milestone payments based on project phases
- Final payment upon project completion and acceptance
- Monthly invoicing for retainer arrangements
Payment Methods
We accept payments via bank transfer, online payment platforms, or other methods specified in the agreement.
Late Payments
Invoices are due within the specified payment terms (typically 15-30 days). Late payments may incur interest charges and may result in suspension of services until payment is received.
Expenses
Unless otherwise specified, out-of-pocket expenses (third-party services, licenses, hosting) will be billed separately or reimbursed according to the agreement.
Taxes
All fees are exclusive of applicable taxes, which are the responsibility of the Client unless otherwise stated.
Client Responsibilities
- Timely Information: Provide accurate, complete, and timely information, materials, and feedback required for project execution.
- Access and Resources: Grant necessary access to systems, accounts, and resources needed for development and integration.
- Decision Making: Designate authorized representatives who can make timely decisions and approvals.
- Feedback and Testing: Review deliverables, provide feedback, and conduct user acceptance testing within agreed timelines.
- Scope Management: Communicate any desired changes to project scope in writing for evaluation and adjustment.
- Payment: Make payments according to the agreed schedule.
- Compliance: Ensure that all content, materials, and requirements provided comply with applicable laws and do not infringe on third-party rights.
Intellectual Property Rights
Ownership of Deliverables
Upon full payment, ownership of custom-developed code and deliverables created specifically for your project will transfer to you, unless otherwise specified in the Service Agreement.
Pre-Existing IP
PRAGMACS retains ownership of all pre-existing intellectual property, including frameworks, libraries, tools, methodologies, and reusable code components developed prior to or independently of your project.
Third-Party Components
Some deliverables may incorporate third-party open-source or licensed components. These components remain subject to their respective licenses.
PRAGMACS IP
We reserve the right to use general knowledge, skills, experience, ideas, concepts, and techniques gained during project execution for other projects, provided we do not disclose your confidential information.
Portfolio Rights
Unless otherwise agreed, we may use non-confidential aspects of the project (descriptions, screenshots, anonymized case studies) for portfolio, marketing, and promotional purposes.
Source Code Access
You will receive source code for custom-developed applications upon project completion and full payment, unless otherwise specified.
Confidentiality
Mutual Obligations
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our engagement.
Confidential Information Includes
- Business plans, strategies, and financial information
- Technical specifications, designs, and architectures
- Source code and proprietary algorithms
- Customer data and business relationships
- Any information marked as confidential or that would reasonably be considered confidential
Exceptions
- Is publicly available through no fault of the receiving party
- Was rightfully possessed prior to disclosure
- Is independently developed without use of confidential information
- Must be disclosed by law or court order (with notice to the disclosing party)
Duration
Confidentiality obligations survive termination of the engagement for a period of three (3) years, or longer if specified in a separate Non-Disclosure Agreement (NDA).
Data Protection
We will handle your data in accordance with our Privacy Policy and applicable data protection laws.
Warranties and Disclaimers
Our Warranties
- Services will be performed with reasonable skill and care in accordance with industry standards.
- Custom-developed deliverables will substantially conform to specifications in the Service Agreement.
- We have the right to provide the services and grant the licenses specified.
- Our work will not knowingly infringe on third-party intellectual property rights.
Warranty Period
Software defects reported within 30-90 days (as specified in the Service Agreement) after delivery will be corrected at no additional charge, provided the issue is reproducible and not caused by modifications, misuse, or third-party components.
Disclaimer
EXCEPT AS EXPRESSLY STATED ABOVE, OUR SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that services will be uninterrupted or error-free, that defects will be corrected in all cases, or that software will meet all your requirements or expectations.
Third-party components integrated into your project are subject to their own terms and conditions and we make no warranties regarding them.
Limitation of Liability
Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO SERVICES PROVIDED SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR THE SPECIFIC PROJECT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Excluded Damages
- Indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business interruption, cost of substitute services, loss of business opportunity, and damage to reputation.
Exceptions
- Willful misconduct or gross negligence
- Violations of intellectual property rights
- Breaches of confidentiality
- Liabilities that cannot be excluded by law
Client's Responsibility
You are responsible for maintaining backups, implementing security measures, and ensuring proper use of deliverables.
Indemnification
By Client
- You agree to indemnify, defend, and hold harmless PRAGMACS, its employees, and contractors from any claims, damages, or expenses arising from your breach of these Terms, violation of law, content you provide, use/misuse of deliverables, or modifications made after delivery.
By PRAGMACS
We agree to indemnify you from claims that our custom-developed deliverables infringe third-party intellectual property rights, provided you notify us promptly, give us control of the defense and settlement, and provide reasonable cooperation.
Exclusions
Indemnification does not cover claims arising from modifications made by you or third parties, use with non-approved components, your specifications or requirements, or continued use after notification of infringement.