Terms & Conditions

1. Acceptance of Terms

By accessing any AnticByte website, requesting a proposal, signing a project agreement, or using any of our services, you agree to these Terms in their entirety. These Terms apply to all visitors, clients, prospective clients, and users of our digital platforms.

If you are entering into these Terms on behalf of a company or organisation, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, "you" and "Client" refer to that entity.

These Terms should be read alongside our Privacy Policy, which is incorporated herein by reference. In the event of a conflict between these Terms and a separately signed Project Agreement, the Project Agreement shall prevail.

2. Our Services

AnticByte provides professional software development and technology services, including but not limited to:

• Human Resource Management (HRM) system development and customisation
• E-commerce platform development and integration
• Educational application development
• Custom web application development and design
• Android and cross-platform mobile application development
• API development and third-party system integration
• Cloud migration, infrastructure setup, and DevOps services
• Technical consulting, code review, and legacy system modernisation
• Post-launch maintenance, support, and updates

The specific scope of services for any engagement will be defined in a separate Statement of Work (SOW) or Project Agreement signed by both parties. AnticByte reserves the right to refuse any project request at its sole discretion.

3. Client Obligations

To enable us to deliver quality services efficiently, you agree to the following obligations:

• Provide accurate, complete, and timely information, materials, and feedback required for the project
• Designate a responsible point of contact who has the authority to make project decisions on your behalf
• Review and approve (or request revisions to) deliverables within the timeframes agreed in the Project Agreement
• Make payments according to the agreed schedule and in the agreed currency
• Ensure you have the legal right to use any content, data, logos, trademarks, or third-party materials you provide to us
• Not use our services for any unlawful, harmful, or unethical purpose
• Maintain the confidentiality of any login credentials or access keys provided to you

Delays or failures caused by the Client's failure to meet these obligations may result in project timeline adjustments and/or additional charges, which will be communicated to you in advance.

4. Project Agreements & Scope of Work

Each engagement begins with a Project Agreement or Statement of Work that defines the project scope, deliverables, milestones, timeline, and pricing. The Project Agreement supersedes any verbal discussions or informal communications.

Scope Changes: Any request to add, remove, or significantly alter features or requirements beyond the agreed scope ("Change Request") must be submitted in writing. AnticByte will assess the impact on timeline and cost and provide a revised estimate. Work on Change Requests will not begin until both parties sign a Change Order.

Acceptance: You will have a defined review period (typically 7–14 business days) to accept or request revisions to each deliverable. Deliverables not formally rejected within this period will be deemed accepted.

Project Pauses: If a project is placed on hold by the Client for more than 30 consecutive days, AnticByte reserves the right to reassign resources. Re-engagement may be subject to a new timeline assessment and availability.

5. Payment Terms

All fees are as agreed in the Project Agreement and are exclusive of applicable taxes unless otherwise stated.

• Deposit: A non-refundable deposit (typically 30–50% of the total project fee) is required before work commences. The exact amount will be stated in the Project Agreement.
• Milestone Payments: Remaining fees are typically structured around project milestones as defined in the Project Agreement.
• Invoices: Invoices are due within 14 calendar days of issuance unless otherwise agreed in writing.
• Late Payments: Overdue invoices will accrue interest at a rate of 1.5% per month (or the maximum allowed by applicable law, whichever is lower). AnticByte reserves the right to suspend services for non-payment after written notice.
• Currency: All prices are in the currency specified in the Project Agreement. Bank transfer fees are the responsibility of the Client.
• Refunds: Completed milestones are non-refundable. Refund eligibility for work in progress will be assessed on a case-by-case basis in line with the Project Agreement.

6. Intellectual Property

Client Content: You retain ownership of all content, data, and materials you provide to AnticByte for use in the project.

Deliverables: Upon receipt of full and final payment, AnticByte assigns to you all intellectual property rights in the custom deliverables created specifically for your project under the Project Agreement, including source code, designs, and documentation.

Pre-Existing IP & Tools: AnticByte retains ownership of all pre-existing methodologies, frameworks, libraries, tools, and proprietary processes ("Background IP") used in the development of your project. You are granted a non-exclusive, perpetual licence to use Background IP solely as incorporated into your deliverables.

Open-Source Components: Projects may include open-source software components. Use of such components is governed by the applicable open-source licences, which will be disclosed to you.

Portfolio Rights: Unless you request otherwise in writing, AnticByte reserves the right to reference your project in our portfolio and marketing materials (excluding any confidential information).

7. Confidentiality

Both parties agree to keep confidential all proprietary, business-sensitive, or non-public information disclosed by the other party in connection with the services ("Confidential Information"). Each party agrees to:

• Use Confidential Information only for the purposes of the project engagement
• Not disclose Confidential Information to any third party without the other party's prior written consent
• Apply at least the same standard of protection as it applies to its own confidential information, and no less than reasonable care

Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law. Confidentiality obligations survive termination of the project for a period of 3 years.

Upon written request, each party will promptly return or destroy the other's Confidential Information at the end of the project.

8. Warranties & Disclaimers

AnticByte Warranties: We warrant that our services will be performed with reasonable skill and care, in accordance with the Project Agreement, and that deliverables will be free from material defects for a period of 30 days following delivery and acceptance ("Warranty Period").

During the Warranty Period, we will remedy any material defects in our deliverables at no additional cost, provided the defect is not caused by modifications made by the Client or third parties, or misuse of the software.

Disclaimer: Except as expressly stated in these Terms, our services and deliverables are provided "as is" and "as available". We make no representations or warranties, express or implied, regarding merchantability, fitness for a particular purpose, or non-infringement beyond those explicitly set out herein.

We do not warrant that software will be entirely error-free, uninterrupted, or that all defects will be corrected. No advice or information obtained from AnticByte shall create any warranty not expressly stated in these Terms.

9. Limitation of Liability

To the fullest extent permitted by applicable law, AnticByte's total liability to you arising out of or in connection with a project — whether in contract, tort (including negligence), or otherwise — shall not exceed the total fees paid by you to AnticByte under the relevant Project Agreement in the 12 months preceding the claim.

In no event shall AnticByte be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Damages resulting from third-party service outages, data loss, or security breaches beyond our reasonable control
• Costs of procurement of substitute goods or services

These limitations apply even if AnticByte has been advised of the possibility of such damages. Some jurisdictions do not allow exclusion of certain damages, so the above limitations may not apply to you in full.

10. Termination

Termination for Convenience: Either party may terminate a Project Agreement with 30 days' written notice. Upon termination, the Client shall pay for all work completed up to the termination date. AnticByte will deliver all completed work and work-in-progress upon receipt of such payment.

Termination for Cause: Either party may terminate immediately upon written notice if the other party: (a) materially breaches these Terms or the Project Agreement and fails to cure the breach within 14 days of written notice; (b) becomes insolvent or enters bankruptcy proceedings; or (c) engages in fraudulent or illegal conduct.

Effect of Termination: All provisions of these Terms that by their nature should survive termination — including intellectual property, confidentiality, payment obligations, and limitation of liability — shall survive termination.

11. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or our services, the parties agree to the following process:

• Step 1 – Negotiation: The parties will first attempt in good faith to resolve the dispute through direct negotiation between senior representatives within 30 days of written notice of the dispute.
• Step 2 – Mediation: If negotiation fails, the parties agree to seek resolution through a mutually agreed independent mediator.
• Step 3 – Arbitration: If mediation is unsuccessful, disputes shall be finally resolved by binding arbitration under the rules of an agreed arbitral institution, conducted in English in Dhaka, Bangladesh.

Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm.

12. Governing Law

These Terms and any Project Agreements between you and AnticByte shall be governed by and construed in accordance with the laws of the People's Republic of Bangladesh, without regard to its conflict of law provisions.

For clients based outside Bangladesh, we aim to respect applicable local consumer protection laws. If any provision of these Terms is found to be unenforceable under your local law, the remaining provisions shall remain in full force and effect.

13. Changes to These Terms

AnticByte reserves the right to update or modify these Terms at any time. When changes are made, we will update the "Last Updated" date at the top of this page. For material changes, we will provide reasonable notice, such as a prominent notice on our website or direct communication to active clients.

Your continued use of our services or website following the posting of updated Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you should stop using our services and notify us in writing.

Terms governing a specific project will be those in effect at the time the Project Agreement is signed, unless both parties agree in writing to apply updated Terms.