01Eligibility
Clients must have the legal capacity to enter into contracts and be authorized to use services purchased from SoftMForge. By engaging services, the client confirms compliance with applicable laws and represents that they are not subject to sanctions or restrictions that would prohibit the engagement.
Individuals entering into contracts must be of legal age under applicable law in their jurisdiction to form binding agreements.
Services and deliverables must be used in a lawful manner. Clients must not use software to facilitate illegal activity or to violate rights of third parties.
Provision of services may be restricted by export controls, sanctions or local regulation. SoftMForge may decline or suspend services where legal constraints apply.
02Account and access
Clients may be provided access credentials, accounts or project portals to manage engagement-related activities. Account holders are responsible for authorized use of their credentials.
Clients must ensure that all information provided to SoftMForge is accurate and complete. Incorrect or incomplete information may affect delivery timelines and cost estimates.
Clients are responsible for maintaining the confidentiality of access credentials. SoftMForge implements technical safeguards on its systems but cannot assume responsibility for compromised external accounts.
Accounts and licenses issued for the client’s use are not transferable to third parties except by written agreement.
If an account is suspected to be compromised, the client must notify SoftMForge promptly at the contact details provided in these terms.
SoftMForge may suspend access to services where there is a reasonable belief of misuse, non-payment, or legal restriction. Suspension may be lifted once issues are resolved.
03Scope of services
Services include consulting, custom software development, integration, deployment support and optional managed services as described in the applicable statement of work. Deliverables and timelines are defined in project documentation.
Scope changes are handled through written change requests. Changes may affect cost, schedule and resource allocation; such impacts will be documented and agreed prior to implementation.
SoftMForge aims to maintain reasonable availability for hosted services and support channels. Specific availability targets, if any, will be stated in a service-level agreement (SLA) when offered.
04Acceptable use rules
Clients must adhere to rules that protect service integrity and the rights of others. Unacceptable behavior may result in remediation steps.
- Do not attempt unauthorized access to systems or data.
- Do not introduce malware, spam or content that violates law.
- Comply with intellectual property and privacy obligations when uploading or sharing content.
- Do not interfere with the normal operation of SoftMForge services.
- Follow security guidance provided for credentials and environment configuration.
- Report vulnerabilities or incidents to SoftMForge promptly.
- Use professional conduct in communications with SoftMForge personnel.
05Client data and content
Clients retain ownership of data and content they submit to SoftMForge in the course of service delivery, subject to any licenses granted below.
All client-provided data, business rules and proprietary content remain the property of the client, except where jointly developed outputs are addressed by separate agreement.
Clients grant SoftMForge a non-exclusive, limited license to use, reproduce and process submitted materials solely for the purpose of providing the contracted services, including testing, deployment and maintenance activities.
Clients are responsible for ensuring that user content does not infringe third-party rights and complies with applicable laws and regulations.
SoftMForge may remove or restrict access to user content that violates these terms or applicable law. Reasonable notice will be provided where practicable.
06Intellectual property
Ownership of intellectual property created under a project is determined by the contract. Standard engagements typically assign custom code and deliverables to the client upon full payment, while SoftMForge retains ownership of pre-existing tools, libraries and methodologies.
- Clients must not reverse-engineer SoftMForge proprietary tools without express permission.
- Use of open-source components is subject to their original licenses; clients should review license obligations.
- Third-party IP claims should be reported promptly so they can be addressed according to contract terms.
07Paid services
Paid services include consultancy, development, hosting and managed services described in fee schedules or statements of work.
Pricing is based on the scope and resource estimates provided in the project documentation. Material changes trigger repricing through a change order process.
Invoices are due according to the payment terms set in the project agreement. Payment options and invoicing details will be provided in the contract.
Subscription services are billed recurring and continue until cancelled in accordance with the subscription terms agreed with the client.
Refunds, if applicable, are handled per the terms of the applicable agreement and any statutory consumer protections. Refund policies vary by service type.
Cancellation terms, notice periods and any applicable termination fees are stated in the project agreement or subscription terms.
Clients are responsible for any taxes, duties or levies imposed in relation to services, unless otherwise stated in writing.
SoftMForge may update pricing for future services with notice. Existing agreements remain governed by their agreed rates unless renegotiated.
Non-payment may result in suspension of services. Outstanding balances may be subject to collection processes as provided in the contract.
08Disclaimer
Services are provided on an as-is basis subject to the terms of the relevant agreement. SoftMForge provides information and deliverables based on available requirements and data; outcomes depend on factors outside SoftMForge’s control.
09Limitation of liability
To the extent permitted by law, SoftMForge’s aggregate liability arising from or related to services will be limited as set out in the applicable contract. Neither party is liable for indirect or consequential losses except as required by applicable law.
10Third-party services
SoftMForge may use third-party platforms, libraries or services to deliver solutions. Use of such third-party components is subject to their respective terms, and clients may be required to enter into separate agreements with third-party providers.
11Termination
Either party may terminate an agreement in accordance with the termination clauses in the applicable contract, including for material breach or insolvency events.
On termination, parties will work to transition work in progress and return or destroy confidential materials as agreed. Outstanding payment obligations survive termination.
12Privacy
SoftMForge processes personal data in accordance with applicable privacy laws and the privacy policy available on SoftMForge.pro. Personal data required for service delivery is handled with appropriate safeguards.
13Communications
Official notices under these terms should be sent to contact addresses provided in the contract or to the contact details listed on SoftMForge.pro. Routine project communications may occur via email, project management systems or other agreed channels.
14Changes to terms
SoftMForge may update these terms where necessary to reflect legal or operational changes. Clients will be notified of material updates and given an opportunity to review new terms applicable to ongoing services.
15Governing law
These terms and any disputes arising from them are governed by the laws specified in the applicable service agreement. In the absence of a specified choice of law, the laws of Malaysia govern.
16Dispute resolution
Parties should first seek to resolve disputes through good faith negotiation. If unresolved, disputes may be escalated to mediation or arbitration if provided for in the contract, or otherwise to competent courts as agreed by the parties.
