Terms of Service

Effective Date: December 30, 2024
Last Updated: December 30, 2024

These Terms of Service ("Terms") govern your use of New Media Tek's enterprise .NET development services and website. By accessing our website or engaging our services, you agree to these Terms.

1. Services Overview

New Media Tek provides enterprise .NET development services including:

  • Custom .NET application development
  • REST API and microservices architecture
  • Legacy system modernization
  • Enterprise architecture consulting
  • AI-augmented development solutions

All services are provided on a project-by-project basis as defined in written proposals or statements of work.

2. Client Responsibilities

As a client, you agree to:

  • Provide accurate and complete project requirements
  • Make necessary personnel and resources available
  • Provide timely feedback and approvals
  • Ensure access to required systems and documentation
  • Comply with payment terms and schedules
  • Maintain backup copies of all deliverables

3. Payment Terms

Fee Structure

Project fees are determined based on:

  • Project scope and complexity
  • Timeline and delivery requirements
  • Technical specifications and resources needed
  • Support and maintenance requirements

Payment Schedule

Typical payment arrangements include:

  • 30% deposit upon project commencement
  • 40% upon completion of major milestones
  • 30% upon final delivery and acceptance
  • Net 15 payment terms for all invoices

Late Payments

Late payments are subject to a 1.5% monthly finance charge. Services may be suspended for accounts more than 30 days past due.

4. Intellectual Property Rights

Client Ownership

Upon full payment, clients receive:

  • Full ownership of custom-developed code and applications
  • License to use all third-party components included in deliverables
  • Documentation and training materials
  • All project-specific intellectual property

New Media Tek Rights

New Media Tek retains rights to:

  • Pre-existing tools, frameworks, and methodologies
  • General knowledge and expertise gained during projects
  • Reusable code components not specific to client projects
  • Right to use project outcomes for portfolio and marketing purposes

5. Confidentiality

Both parties agree to maintain confidentiality of:

  • Technical specifications and source code
  • Business information and strategies
  • Project plans and timelines
  • Any information marked as confidential

This confidentiality obligation survives the termination of any project agreement.

6. Project Timeline and Delivery

Timeline Estimates

Project timelines are estimates based on:

  • Scope and complexity as defined in project requirements
  • Prompt client feedback and approvals
  • Availability of client resources and systems
  • Unforeseen technical challenges

Deliverables

Deliverables are considered complete upon client acceptance based on agreed-upon criteria and testing procedures.

7. Warranties and Disclaimers

Our Warranties

We warrant that:

  • Services will be performed with professional care and skill
  • Deliverables will conform to agreed specifications
  • Code will be free from malicious components
  • Work will not infringe on third-party intellectual property rights

Limitations

We do not warrant that software will be error-free or operate uninterrupted. Client is responsible for testing and validation before production deployment.

8. Limitation of Liability

To the fullest extent permitted by law:

  • Our total liability shall not exceed the project fees paid
  • We are not liable for consequential, indirect, or punitive damages
  • We are not liable for lost profits or business opportunities
  • Client assumes responsibility for production system operations

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

9. Termination

Termination for Convenience

Either party may terminate with:

  • 30 days written notice for client termination
  • Payment for work completed through termination date
  • Delivery of work-in-progress in reasonable state

Termination for Cause

Immediate termination is permitted for material breach, non-payment, or insolvency.

10. Support and Maintenance

Post-launch support includes:

  • 30-day warranty period for bug fixes
  • Optional support agreements for ongoing maintenance
  • Priority response for critical issues
  • Regular security updates and patches

Extended support services are available under separate agreements.

11. Dispute Resolution

Disputes will be resolved through:

  • Good faith negotiation between parties
  • Mediation if negotiation fails
  • Binding arbitration as final resolution
  • Governing law of [State/Country]

12. General Provisions

Entire Agreement

These Terms, along with any project-specific proposals or statements of work, constitute the entire agreement between parties.

Modification

We may modify these Terms at any time. Changes will be effective upon posting on our website.

Severability

If any provision is found unenforceable, the remaining provisions will continue in full force.

13. Contact Information

For questions about these Terms of Service, please contact us:

Email: contact@newmediatek.net
Phone: +1 (929) 630-5021
Website: www.newmediatek.com

These Terms of Service are a legal agreement between you and New Media Tek. Please review them carefully. For questions about specific terms, consult with your legal advisor.