Terms and Conditions
1. Introduction
Welcome to Softwind Tech Ltd ("Softwind Tech," "SWT," "Company," "we," "us," or "our"). These Terms & Conditions ("Terms") govern your access to and use of our website at softwindtech.com (the "Website"), as well as the software development, web and mobile application development, UI/UX design, cybersecurity, artificial intelligence, and SEO and content services we provide (collectively, the "Services").By accessing the Website or engaging our Services, you ("Client," "User," "you," or "your") agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Website or engage our Services.
Where a separate signed proposal, statement of work, or service agreement exists between Softwind Tech and a Client, the specific terms of that agreement will take precedence over these Terms in the event of a conflict, except where these Terms impose stricter obligations regarding confidentiality, intellectual property, or limitation of liability.
2. Definitions
| Term | Meaning |
| Company / We / Us / Our | Softwind Tech Ltd, a Safar Group company, registered and operating in Bangladesh. |
| Client / You / Your | Any individual, business, or organization that engages Softwind Tech for Services, or any visitor who accesses the Website. |
| Website | softwindtech.com and all associated subdomains and pages. |
| Services | Software development, web and mobile application development, UI/UX design, cybersecurity infrastructure services, AI and machine learning solutions, SEO and content services, and any related deliverables provided by Softwind Tech. |
| Deliverables | Any code, design files, documentation, content, or other work product created by Softwind Tech for a Client under an agreed scope of work. |
| Confidential Information | Any non-public business, technical, financial, or operational information disclosed by either party in connection with the Services. |
| Intellectual Property (IP) | Patents, copyrights, trademarks, trade secrets, and any other proprietary rights, whether registered or unregistered. |
| Force Majeure Event | Any event beyond a party’s reasonable control, as further described in Section 16. |
3. Eligibility
You must be at least 18 years old, or the age of legal majority in your jurisdiction, and have the authority to bind the organization you represent, to engage our Services or enter into an agreement with Softwind Tech.
4. Use of the Website
4.1 Permitted Use
You may browse the Website and use its content for lawful, personal, or legitimate business purposes related to evaluating or engaging our Services.
4.2 Prohibited Use
You agree not to:
- Use the Website for any unlawful purpose or in violation of these Terms.
- Attempt to gain unauthorized access to any part of the Website, our servers, or related systems.
- Introduce viruses, malware, or other harmful code to the Website.
- Scrape, copy, or reproduce substantial portions of the Website’s content without prior written consent.
- Reverse engineer, decompile, or attempt to extract the source code of any software or system made available through the Website.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
We reserve the right to restrict or terminate access to the Website for anyone who violates these Terms.
5. Intellectual Property Rights
5.1 Website Content
All content on the Website, including text, graphics, logos, the Softwind Tech name and branding, and underlying code, is the property of Softwind Tech or its licensors and is protected by applicable copyright, trademark, and intellectual property laws. You may not reproduce, distribute, or create derivative works from this content without prior written permission.
5.2 Deliverables and Client Projects
Ownership of Deliverables created for a Client is governed by the table below, unless otherwise specified in a signed proposal or service agreement.
Item | Ownership |
Custom code, designs, and content created specifically for the Client under a paid engagement | Transfers to the Client upon full and final payment for the relevant project or milestone. |
Pre-existing Softwind Tech tools, frameworks, internal libraries, methodologies, and reusable components | Remain the property of Softwind Tech, even where used within a Client project. Softwind Tech grants the Client a non-exclusive license to use these as part of the Deliverables. |
Third-party and open-source components | Governed by their respective original licenses, which the Client agrees to comply with. |
Softwind Tech’s general knowledge, skills, and experience gained while performing the Services | Remain freely usable by Softwind Tech in future projects, provided no Confidential Information is disclosed. |
5.3 Portfolio and Marketing Rights
Unless a Client requests otherwise in writing, Softwind Tech reserves the right to reference completed projects, including screenshots, descriptions, and general outcomes, in its portfolio, case studies, and marketing materials, excluding any Confidential Information.
6. Service Engagement Terms
6.1 Proposals and Scope of Work
Each engagement begins with a proposal or statement of work outlining the scope, deliverables, timeline, and cost. Services are provided strictly within the agreed scope unless both parties agree in writing to a change.
6.2 Change Requests
Any request to modify the agreed scope, timeline, or Deliverables after a project has commenced may result in additional charges and/or an adjusted timeline, to be agreed upon in writing before implementation.
6.3 Client Responsibilities
The Client agrees to:
- Provide timely access to necessary information, materials, accounts, and personnel required to complete the Services.
- Review and provide feedback on Deliverables within a reasonable and mutually agreed timeframe.
- Ensure that any content, data, or materials provided to Softwind Tech do not infringe on any third party’s rights.
- Make payments in accordance with the agreed terms.
Delays caused by the Client’s failure to meet these responsibilities may result in corresponding delays to the project timeline, for which Softwind Tech is not responsible.
7. Payment Terms
7.1 Invoicing
Unless otherwise agreed in a signed proposal, payment terms typically follow a milestone-based structure, such as an advance payment upon project commencement, progress payments at defined milestones, and a final payment upon project completion. Exact percentages and schedules will be specified in the relevant proposal or contract.
7.2 Late Payments
Invoices not settled within the agreed payment period may be subject to a late payment fee and/or suspension of ongoing work until payment is received.
7.3 Taxes
All fees are exclusive of applicable taxes, duties, or government levies unless explicitly stated otherwise. The Client is responsible for any such charges arising from the engagement.
7.4 Refunds
Refunds, where applicable, will be assessed on a case-by-case basis depending on the work completed and resources committed at the time of a cancellation request, as detailed in the relevant service agreement.
8. Confidentiality
Both parties agree to:
- Keep all Confidential Information disclosed during the engagement strictly confidential.
- Use Confidential Information solely for the purpose of fulfilling the engagement.
- Not disclose Confidential Information to any third party without prior written consent, except where required by law.
This obligation survives the termination or completion of the Services for a period of two years, or indefinitely for trade secrets.
9. Data Protection and Privacy
Softwind Tech is committed to protecting personal and business data shared with us. Our collection, use, and handling of personal data is governed by our separate Privacy Policy, which forms part of these Terms by reference. By using the Website or engaging our Services, you consent to the data practices described there.
Where Softwind Tech processes personal data on behalf of a Client as part of a Service (for example, building a system that handles end-user data), the parties may enter into a separate Data Processing Agreement outlining each party’s responsibilities under applicable data protection laws.
10. Cybersecurity and Security Practices
Where applicable to the scope of a project, Softwind Tech implements industry-standard security measures, which may include vulnerability assessment and penetration testing (VAPT), web application firewalls (WAF), anti-DDoS protection, and source code scanning. While we take reasonable steps to secure systems we build and maintain, no system can be guaranteed to be completely free of vulnerabilities, and Softwind Tech does not warrant that Deliverables will be entirely immune to unauthorized access or attack.
11. Third-Party Links and Services
The Website or our Deliverables may contain links to or integrations with third-party websites, tools, or services. Softwind Tech does not control and is not responsible for the content, policies, or practices of any third party. Use of any third-party service is at your own risk and subject to that third party’s own terms.
12. Warranties and Disclaimers
12.1 Limited Warranty
Softwind Tech warrants that Services will be performed in a professional and competent manner, consistent with generally accepted industry standards. Where applicable, we provide a limited warranty period of 30 days following project delivery, during which we will correct material defects in the Deliverables that are not caused by Client modifications, third-party interference, or misuse.
12.2 Disclaimer
Except as expressly stated in these Terms or a signed agreement, the Website and Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Softwind Tech disclaims all other warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website or any Deliverable will be uninterrupted, error-free, or completely secure.
13. Limitation of Liability
To the fullest extent permitted by applicable law:
- Softwind Tech’s total liability arising out of or related to the Services shall not exceed the total fees paid by the Client for the specific Service giving rise to the claim in one month preceding the event.
- Softwind Tech shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, data, or business opportunity, even if advised of the possibility of such damages.
- Nothing in these Terms limits liability for fraud, gross negligence, or any liability that cannot be excluded or limited under applicable law.
14. Indemnification
The Client agrees to indemnify and hold harmless Softwind Tech, its directors, employees, and affiliates from any claims, damages, losses, or expenses (including reasonable legal fees) arising from the Client’s breach of these Terms, misuse of Deliverables, or infringement of third-party rights through content or materials supplied by the Client.
Softwind Tech agrees to indemnify the Client against claims that the Deliverables, as originally provided and not modified by the Client, infringe a third party’s intellectual property rights, subject to the limitation of liability set out in Section 13.
15. Termination
15.1 Termination of Website Access
We may suspend or terminate your access to the Website at any time, with or without notice, for conduct that violates these Terms or is otherwise harmful to Softwind Tech or other users.
15.2 Termination of Services
Either party may terminate an ongoing service engagement by providing written notice as specified in the relevant proposal or service agreement, typically 30 days. Upon termination, the Client shall pay for all work completed up to the termination date, and Softwind Tech will deliver all completed work product upon receipt of payment.
16. Force Majeure
Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, acts of government, war, civil unrest, internet or infrastructure outages, pandemics, or other events of force majeure. The affected party shall notify the other promptly and resume performance as soon as reasonably possible.
17. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the People’s Republic of Bangladesh, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall first be addressed through good-faith negotiation between the parties. If unresolved within 30 days, the dispute shall be referred to arbitration or the competent courts of Dhaka, Bangladesh, as the parties may agree in the relevant service agreement.
18. Electronic Communications and Signatures
By engaging with Softwind Tech electronically, you consent to receive communications, proposals, invoices, and agreements electronically, and agree that electronic signatures and approvals carry the same legal weight as physical signatures, to the extent permitted by applicable law.
19. Assignment
Neither party may assign or transfer its rights or obligations under these Terms without the prior written consent of the other party, except that Softwind Tech may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.
20. Severability
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
21. Waiver
No failure or delay by either party in exercising any right under these Terms shall operate as a waiver of that right, nor shall any single or partial exercise of a right preclude any further exercise of that right.
22. Entire Agreement
These Terms, together with any signed proposal, statement of work, or service agreement between Softwind Tech and the Client, constitute the entire agreement between the parties regarding the subject matter herein, and supersede all prior discussions, negotiations, and agreements, whether written or oral.
23. Changes to These Terms
We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. The updated Terms will be posted on this page with a revised “Last Updated” date. Continued use of the Website or Services after such changes constitutes acceptance of the revised Terms.
24. Contact Us
If you have any questions about these Terms, please contact us:
Softwind Tech Ltd
Address: House 73, Road 13/A, Block D Banani, Dhaka 1213, Bangladesh
Phone: +8801730 433 711
Email: info@softwindtech.com
Website: https://softwindtech.com