Terms of
Service
Last updated: 1 January 2025 · Neon Arc Labs, Tiruppur, Tamil Nadu, India
Please read these terms carefully before using our services. These terms govern your relationship with Neon Arc Labs and outline both your rights and responsibilities.
Acceptance of Terms
Agreement to Terms
By accessing or using the website or services of Neon Arc Labs ('we', 'us', 'our'), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.
Eligibility
You must be at least 18 years of age and have the legal authority to enter into a binding contract on behalf of yourself or your organisation. By using our services, you represent and warrant that you meet these requirements.
Updates to Terms
We reserve the right to modify these Terms at any time. We will notify you of significant changes by updating the date at the top of this page. Your continued use of our services after such changes constitutes acceptance of the updated Terms.
Our Services
Scope of Services
Neon Arc Labs provides software development, digital marketing, UI/UX design, mobile app development, cloud & DevOps, and analytics services. The specific scope of any engagement is defined in a separate Statement of Work or Service Agreement.
Service Modifications
We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of services.
Third-Party Services
Our services may involve third-party platforms and tools (such as AWS, Google Workspace, Meta, etc.). Your use of such platforms is subject to their respective terms of service, and we are not responsible for their availability or conduct.
Payment & Billing
Payment Terms
Payment terms are specified in your individual service agreement or proposal. Unless otherwise agreed, projects require a deposit before work commences, with milestone-based payments thereafter. Final deliverables are released upon receipt of final payment.
Late Payments
Invoices are due within the timeframe specified in your agreement (typically 14 days). Overdue invoices may accrue interest at 2% per month. We reserve the right to pause work on accounts with outstanding balances.
Refunds
Due to the nature of our services, deposits are non-refundable once work has commenced. Refunds for milestone payments are subject to the specific terms in your service agreement. We handle refund disputes on a case-by-case basis.
Taxes
All fees are exclusive of applicable taxes including GST. You are responsible for any taxes applicable to your use of our services.
Intellectual Property
Ownership of Deliverables
Upon full payment of all fees, we assign to you all intellectual property rights in the custom deliverables created specifically for your project. This includes source code, design files, and written content unless otherwise specified.
Pre-existing IP
We retain ownership of all pre-existing intellectual property, tools, frameworks, libraries, and methodologies used in delivering your project. Where such materials are incorporated into your deliverables, we grant you a perpetual, non-exclusive licence to use them.
Portfolio Rights
Unless you request confidentiality in writing, we reserve the right to display your project in our portfolio, case studies, and marketing materials after launch.
Your IP
You retain full ownership of all content, data, trademarks, and materials you provide to us. You grant us a limited licence to use these materials solely for the purpose of delivering your project.
Confidentiality
Mutual Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the engagement. This includes business plans, technical specifications, financial information, and client data.
Exceptions
Confidentiality obligations do not apply to information that is publicly available, was already known to the receiving party, or is required to be disclosed by law.
Duration
Confidentiality obligations survive the termination of our engagement for a period of three (3) years.
Limitation of Liability
Disclaimer of Warranties
Our services are provided 'as is' and 'as available'. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Damages
To the maximum extent permitted by law, our total liability for any claim arising from our services shall not exceed the total fees paid by you in the three (3) months preceding the claim.
Exclusions
We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, even if we have been advised of the possibility of such damages.
Termination
Termination by You
You may terminate your engagement with us at any time with 14 days written notice. You will be invoiced for all work completed up to the termination date, and any agreed-upon deposits or milestone payments are non-refundable.
Termination by Us
We may terminate or suspend your access to our services immediately and without notice if you breach these Terms, fail to make payment, or engage in conduct we determine to be harmful or inappropriate.
Effect of Termination
Upon termination, we will deliver all completed work to you upon receipt of outstanding payments. Any work in progress will be delivered in its current state. Both parties' confidentiality obligations and any accrued payment obligations survive termination.
Governing Law
Jurisdiction
These Terms are governed by the laws of India. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Tiruppur, Tamil Nadu, India.
Dispute Resolution
Before initiating formal legal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation. If negotiation fails, disputes will be referred to mediation before litigation.
Need clarification?
If you have questions about these Terms, please contact us before engaging our services.