Terms & Conditions

AnaConEx IT Solutions – Software Consulting & ERP Implementation

These Terms & Conditions (“Agreement”) govern all services provided by AnaConEx IT Solutions (“Company”) to its clients (“Client”). By engaging AnaConEx IT Solutions for any project, the Client acknowledges and agrees that these Terms & Conditions apply by default to all projects, engagements, and deliverables unless otherwise stated in writing and mutually agreed.

1. Scope of Services

AnaConEx IT Solutions provides consulting, implementation, customization, and development services for ERP systems and related software solutions. The scope of each project shall be defined in the relevant proposal, Statement of Work (SOW), or invoice.

2. Payments & Fees

1. All payments made to AnaConEx IT Solutions are non-refundable, regardless of project status, delays, or termination by the Client.
2. Any taxes, transaction fees, or additional charges imposed by financial institutions are the responsibility of the Client.
3. Work will only commence upon receipt of the agreed payment terms. Delayed payments may result in suspension of services.

3. Intellectual Property Rights, Data Ownership & Licensing

1. Data Ownership: The Client retains full ownership of all business data, records, and information stored, processed, or generated through the software. AnaConEx IT Solutions does not claim, hold, or store any rights over the Client’s business data.
2. Custom Code & Licensing: All custom development, source code, configurations, and deliverables produced by AnaConEx IT Solutions remain the exclusive intellectual property (IP) of the Company. The Client is granted a limited, non-exclusive, non-transferable license to use the custom code strictly for internal business operations.
3. Minimum Term: This license is subject to a minimum three (3) year contractual term.
4. Early Termination: If the Agreement is terminated by the Client before completion of the three (3) year term, the Client must purchase ownership rights of the custom code. Such transfer of ownership will be subject to an additional fee, calculated on a per 100 lines of code basis, as per the Company’s prevailing rates.
5. Dependency: The Client acknowledges that the custom code is mandatory to run the software, and without it, the system may not function as intended.
6. Exclusions: Documentation, processes, and methodologies used during the project remain proprietary to AnaConEx IT Solutions and are not included in any transfer of ownership.

4. Client Responsibilities

1. The Client must provide accurate, complete, and timely information, approvals, and resources necessary for project execution.
2. Any delays resulting from lack of input, approvals, or resources from the Client will extend delivery timelines.

5. Project Timelines & Delays

1. AnaConEx IT Solutions will make reasonable efforts to deliver services within agreed timelines.
2. The Company shall not be held liable for delays caused by technical difficulties, third-party dependencies, or issues already communicated to the Client.
3. Any revised timelines will be shared with the Client in writing.

6. Warranties & Limitations

1. AnaConEx IT Solutions does not warrant that software will be free of bugs or errors, but commits to resolving reported issues within agreed support terms.
2. Except as expressly stated, no other warranties (express or implied) apply.
3. The Company is not responsible for indirect, incidental, or consequential damages arising from use of the software or services.

7. Termination

1. Either party may terminate this Agreement by providing no less than thirty (30) days’ prior written notice.
2. All outstanding dues must be settled prior to termination.
3. Payments made prior to termination remain non-refundable.
4. Upon termination, any further use of custom developments without full ownership transfer shall be considered a breach of IP rights.

8. Governing Law & Dispute Resolution

1. This Agreement shall be governed by and construed under the laws of the United Arab Emirates (or your preferred jurisdiction).
2. Any disputes shall be resolved amicably, failing which they shall be referred to arbitration in Dubai, UAE, under applicable arbitration rules.

9. Amendments

1. AnaConEx IT Solutions reserves the right, at its sole discretion, to modify, update, or replace these Terms & Conditions at any time.