Terms of Service

1. Parties

Cyberium Technologies Pvt. Ltd. (Second Floor, Black Forest Cake & Fast Food building, New Rd, Nepalgunj,Lumbini Province 21900, Nepal) - we, us, our.

You, the client or website visitor - you, your.

2. Scope

These terms apply to:

• All services we deliver: software development, web development, graphic design & branding, cybersecurity training, cloud solutions, AI/ML.
• Use of our website at https://www.cyberiumtech.com.np.
• Any proposal, statement of work (SOW) or change order that references these terms.

A signed proposal or SOW supplements these terms. In case of conflict, the proposal/SOW prevails for that engagement only.

3. Engagement & proposals

• Every engagement starts with a free discovery discussion (call, video or in-person at our Nepalgunj office).
• We send a written proposal with scope, fixed price, timeline and payment schedule.
• Work begins only after you accept the proposal and pay the initial deposit.
• Changes to scope require a written change order with agreed price and timeline impact.

4. Payment

• Standard schedule: 40% deposit, 40% at mid-project milestone, 20% on delivery. Custom schedules may be agreed in the proposal.
• Payments via bank transfer (details on invoice) or agreed digital methods. All amounts in NPR unless stated otherwise.
• Late payments accrue 1.5% monthly interest after 15 days overdue. We may pause work until arrears are cleared.
• Taxes: Prices exclude applicable taxes (VAT, TDS). You are responsible for withholding and remitting TDS per Nepal law.

5. Intellectual property

• Upon full payment, all deliverables (code, designs, documents, configs) become your property.
• We retain ownership of our pre-existing libraries, frameworks, tools and generic components used across projects.
• You grant us a licence to use your logos and brand assets solely to deliver the services.
• We may showcase completed work in our portfolio unless you request otherwise in writing before launch.

6. Confidentiality

• Both parties keep confidential information (business data, credentials, trade secrets, roadmaps) private.
• We use your data only to deliver the services. We do not share it with third parties except subprocessors under NDA.
• Obligations survive termination for 3 years.

7. Warranties & disclaimers

• We warrant that services will be performed with reasonable skill and care, and deliverables will materially match the agreed scope.
• We do not warrant: uninterrupted or error-free operation; fitness for a particular purpose beyond the agreed scope; third-party service uptime (hosting, APIs, payment gateways); or results from SEO/marketing efforts (no ranking guarantees).
• Cybersecurity training reduces risk but cannot eliminate all human error or future threats.

8. Limitation of liability

• Our aggregate liability for any engagement shall not exceed the total fees paid by you for that engagement in the preceding 12 months.
• We are not liable for indirect, consequential, punitive or exemplary damages (lost profit, data loss, business interruption).
• This limitation applies regardless of legal theory (contract, tort, negligence).

9. Termination

• Either party may terminate with 14 days written notice.
• We may terminate immediately for non-payment (15+ days overdue) or breach of confidentiality.
• On termination: you pay for work completed to date; we deliver all work-in-progress and credentials; each party returns/destroys the other's confidential data.

10. Force majeure

Neither party is liable for delays caused by events beyond reasonable control (natural disaster, pandemic, government action, internet backbone outage). The affected party must notify the other promptly.

11. Governing law & disputes

These terms are governed by the laws of Nepal. Disputes will be resolved by good-faith negotiation; failing that, by the courts of Banke District, Nepal.

12. General

• Entire agreement: these terms + the proposal/SOW constitute the full agreement.
• No assignment without written consent (except to affiliates or acquirers).
• Waiver of one breach does not waive future breaches.
• Severability: if any clause is unenforceable, the rest stands.

13. Contact

Questions about these terms? Email info@cyberiumtech.com.np or write to our office at Second Floor, Black Forest Cake & Fast Food building, New Rd, Nepalgunj, Lumbini Province 21900, Nepal.