// LEGAL
Terms of Service
These terms govern your use of the Nex NeoTech website and the services we provide. Please read them carefully before engaging with us.
Last updated: May 19, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you and Nex NeoTech ("we," "us," or "our"). These Terms apply to your access to and use of https://NexNeoTech.com and any services offered therein. Individual project engagements are governed by separate agreements that supplement these Terms.
1. Acceptance of Terms
Agreement to Terms
By accessing or using the Nex NeoTech website (https://NexNeoTech.com) or engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.
Eligibility
You must be at least 18 years of age and have the legal authority to enter into binding contracts to use our services. If you are accepting these terms on behalf of a company or organization, you represent that you have the authority to bind that entity to these terms.
Updates to Terms
We reserve the right to modify these terms at any time. Continued use of our website or services after changes are posted constitutes acceptance of the revised terms.
2. Our Services
Scope of Services
Nex NeoTech provides custom software development, web application development, mobile application development, UI/UX design, technical consulting, and related digital services as agreed upon in individual project contracts or statements of work.
Service Agreements
The specific deliverables, timelines, pricing, and terms of each project are governed by a separate written agreement (Project Agreement, Statement of Work, or contract) entered into between Nex NeoTech and the client. In the event of any conflict, the signed project agreement takes precedence over these general Terms of Service.
Service Availability
We strive to provide reliable services but do not guarantee uninterrupted availability of our website or any software systems we develop. We are not liable for downtime caused by factors outside our reasonable control.
3. Payment Terms
Fees & Invoicing
Fees for our services are defined in your project agreement. Invoices are issued according to the agreed payment schedule (typically milestone-based). All fees are quoted and payable in the currency specified in the agreement.
Payment Due Date
Unless otherwise agreed, invoices are due within 14 calendar days of issuance. Late payments may incur interest at 1.5% per month or the maximum rate permitted by applicable law, whichever is lower.
Taxes
You are responsible for all applicable taxes, duties, or levies associated with your purchase of services, excluding taxes on Nex NeoTech's net income. Prices quoted are exclusive of taxes unless explicitly stated otherwise.
Refund Policy
Refunds for work already completed are not provided. If a project is terminated by the client before completion, payment is due for all work completed and reasonable expenses incurred up to the termination date as per the project agreement.
4. Intellectual Property
Client-Owned Deliverables
Upon receipt of full payment for a project, Nex NeoTech assigns to the client all intellectual property rights in the custom deliverables specifically created for that project, to the extent permitted by applicable law.
Retained Rights
Nex NeoTech retains ownership of all pre-existing intellectual property, including proprietary tools, frameworks, libraries, methodologies, and know-how that are incorporated into deliverables. We grant clients a perpetual, non-exclusive license to use such pre-existing components as embedded in the final deliverable.
Open Source Components
Our work may incorporate open-source software components governed by their own licenses (e.g., MIT, Apache 2.0). We will disclose significant open-source dependencies and you agree to comply with their respective license terms.
Portfolio Rights
Unless you explicitly request otherwise in writing, Nex NeoTech reserves the right to display completed work in our portfolio and marketing materials, with appropriate attribution.
5. Acceptable Use
Prohibited Activities
You agree not to use our website or services to: (a) violate any applicable laws or regulations; (b) infringe any third-party intellectual property rights; (c) transmit malicious code or engage in any activity that disrupts or harms our systems; (d) engage in fraudulent, deceptive, or misleading conduct; (e) harass, abuse, or harm any individual.
Client Responsibilities
Clients are responsible for ensuring that content, data, and materials they provide to Nex NeoTech for use in projects do not infringe third-party rights and comply with applicable laws. You indemnify Nex NeoTech against any claims arising from client-provided materials.
6. Disclaimers & Limitation of Liability
No Warranty
Our website and services 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.
Limitation of Liability
To the maximum extent permitted by applicable law, Nex NeoTech's total liability for any claims arising from or related to these terms or our services shall not exceed the total fees paid by you in the 3 months preceding the claim.
Consequential Damages
Nex NeoTech shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including lost profits, lost data, or business interruption — even if we have been advised of the possibility of such damages.
Force Majeure
We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, internet outages, government actions, pandemics, or third-party service failures.
7. Confidentiality
Mutual Confidentiality
Both parties agree to keep confidential any proprietary, technical, or business information disclosed during the course of the engagement that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information.
Exceptions
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no breach by the receiving party; (b) was already known to the receiving party; (c) is independently developed without use of confidential information; or (d) is required to be disclosed by law.
Duration
Confidentiality obligations survive termination of the engagement for a period of 3 years, unless a separate Non-Disclosure Agreement specifies a different term.
8. Termination
Termination by Either Party
Either party may terminate a project engagement with 30 days' written notice. In such cases, the client is responsible for payment of all work completed and costs incurred through the termination date.
Immediate Termination
Nex NeoTech may terminate services immediately and without notice if a client breaches these terms, fails to make payment after a cure period, or engages in conduct that is harmful, abusive, or unlawful.
Effect of Termination
Upon termination, all licenses granted under the engagement end except for licenses to deliverables already paid for in full. Provisions that by their nature should survive termination (including payment obligations, IP ownership, confidentiality, and limitation of liability) will survive.
9. Governing Law & Dispute Resolution
Governing Law
These Terms of Service are governed by the laws of Nepal, without regard to conflict of law principles.
Informal Resolution
Before initiating formal legal proceedings, both parties agree to make a good-faith effort to resolve disputes through direct negotiation for at least 30 days.
Arbitration
If informal resolution fails, disputes shall be submitted to binding arbitration in Kathmandu, Nepal, conducted in English under rules mutually agreed upon by the parties. Judgment on any arbitration award may be entered in any court of competent jurisdiction.
10. Entire Agreement
These Terms, together with any applicable project agreements or statements of work, constitute the entire agreement between you and Nex NeoTech with respect to your use of our website and services, and supersede all prior and contemporaneous understandings, representations, and agreements. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Questions about these terms?
We're happy to clarify anything. Reach out before you engage us and we'll walk you through what applies to your situation.
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