TERMS OF SERVICE

1. AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you and QushByte ("Company", "we", "our", or "us") concerning your access to and use of our website, products, and services.

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our services.

2. SERVICES DESCRIPTION

QushByte provides the following services:

• Software Development: Custom applications, mobile apps, ERP systems, and database solutions
• Website Design & Development: Responsive websites, e-commerce platforms, and web applications
• Hardware & Electronics: IT equipment supply, installation, and maintenance
• Networking & Infrastructure: Network design, configuration, and security solutions
• Branding & Creative Services: Logo design, brand identity, and marketing materials

3. CLIENT RESPONSIBILITIES

As a client of QushByte, you agree to:

• Provide accurate and complete information necessary for project execution
• Respond to communications and requests for feedback in a timely manner
• Provide necessary access to systems, accounts, or resources required for the project
• Review and approve deliverables within agreed timeframes
• Make payments according to the agreed payment schedule
• Ensure you have the right to use any content or materials you provide to us

4. PROJECT AGREEMENTS

4.1 Proposals and Quotations

All proposals and quotations provided by QushByte are valid for 30 days from the date of issue unless otherwise specified. Prices quoted are exclusive of any applicable taxes unless stated otherwise.

4.2 Project Scope

The scope of work for each project will be defined in a separate project agreement or statement of work. Any changes to the agreed scope may result in adjustments to the timeline and cost.

4.3 Timelines

Project timelines are estimates based on the information available at the time of proposal. Actual timelines may vary depending on project complexity, client responsiveness, and scope changes.

5. PAYMENT TERMS

5.1 Payment Schedule

Unless otherwise agreed in writing, our standard payment terms are:

• 50% deposit upon project commencement
• 50% balance upon project completion and delivery

5.2 Late Payments

Invoices are due within 14 days of issue unless otherwise specified. Late payments may incur interest charges at the rate of 2% per month on the outstanding balance. We reserve the right to suspend services until outstanding payments are received.

5.3 Refunds

Deposits are non-refundable once work has commenced. Refunds for unused services may be considered on a case-by-case basis at our discretion.

6. INTELLECTUAL PROPERTY

6.1 Client Materials

You retain all intellectual property rights to any materials, content, or data you provide to us for use in the project.

6.2 Deliverables

Upon full payment, you will own all custom work created specifically for your project. However, we retain the right to:

• Use general techniques, skills, and knowledge gained during the project
• Reuse generic components, code libraries, and frameworks
• Display the completed work in our portfolio (with your permission)

6.3 Third-Party Components

Projects may include third-party components, libraries, or tools subject to their own licensing terms. We will inform you of any significant third-party dependencies and their licensing requirements.

7. CONFIDENTIALITY

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the engagement. This includes but is not limited to:

• Business strategies and plans
• Technical specifications and source code
• Customer data and contact information
• Financial information and pricing details

8. WARRANTIES AND DISCLAIMERS

8.1 Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. We provide a 30-day warranty period after project delivery to address any defects or bugs in the deliverables.

8.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUSHBYTE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or data corruption
• Business interruption or downtime
• Reputational damage

Our total liability for any claim arising from or related to our services shall not exceed the total amount paid by you for the specific service giving rise to the claim.

10. TERMINATION

10.1 Termination by Client

You may terminate the engagement at any time by providing written notice. Upon termination, you will be responsible for payment of all work completed up to the termination date.

10.2 Termination by QushByte

We may terminate or suspend our services immediately if:

• You breach these Terms or any project agreement
• You fail to make payments when due
• You engage in illegal or unethical activities
• Continuing the engagement would expose us to legal liability

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless QushByte and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising out of your use of our services, your violation of these Terms, or your infringement of any third-party rights.

12. DISPUTE RESOLUTION

Any disputes arising from or related to these Terms or our services shall be resolved through the following process:

• Good faith negotiation between the parties
• Mediation by a mutually agreed mediator
• Binding arbitration if mediation fails

13. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Sudan, without regard to its conflict of law provisions.

14. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after any changes constitutes acceptance of the new Terms.

15. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.