Software Development Agreement – Terms and Conditions

1. Confidentiality:

1.1. Both parties shall uphold the strict confidentiality of all project-related information, including but not limited to designs, documentation, and communications. Confidential information shall not be disclosed to third parties without prior written consent from the disclosing party.

2. Project Stages and Payments:

2.1. The project will be executed in distinct stages, as specified in the project proposal or contract. The commencement of a new stage is conditional upon the successful completion of the previous stage and the payment of any associated deferred payment.

2.2. The agreed-upon payment schedule for each stage shall be adhered to by the customer. The company reserves the right to suspend work until the required payments are received.

3. Ramadan and Annual Holidays:

3.1. The month of Ramadan will be observed as an annual holiday, during which no project-related activities will occur. Timelines and schedules will be adjusted to accommodate this holiday.

4. Working Days:

4.1. Project activities and communication will occur on working days, specifically Sunday through Thursday. No project-related work will be conducted on weekends (Friday and Saturday).

5. Source Code and Licensing:

5.1. The source code is not included in the base price as specified in the contract. Instead, the source code is offered as a separate entity and holds a value equal to the total project price.

5.2. The customer may acquire the source code, along with a license to use it for a single project, upon payment of the source code’s equivalent value.

6. Limitation of Liability:

6.1. The company’s liability is restricted to the fees paid by the customer for the development services.

6.2. The company shall not be held accountable for any damages arising from the customer’s misuse, modification, or unauthorized distribution of the source code.

7. Termination:

7.1. Either party retains the right to terminate the agreement for material breach, subject to written notice and a reasonable cure period.

7.2. Upon termination, the customer’s license to use the software and access the source code (if purchased) shall cease, and the customer shall promptly return or erase all copies of the source code.

8. Governing Law and Jurisdiction:

8.1. This agreement is governed by the laws of state of kuwait, and any disputes are subject to the exclusive jurisdiction of the courts of state of kuwait.