1. Company Information
This agreement is entered into between Tocaan Company, a software development company duly licensed and operating under the laws of the State of Kuwait, with its registered address at:
Kuwait – Khalid Ibn Al-Walid Street, KIPCO Tower, Floor 48
(the “Company”), and the client (“Client”).
2. Scope of Services
Tocaan Company provides digital and software services including but not limited to:
- Web design and development
- Mobile application development (iOS & Android)
- Custom software systems
- UI/UX design
- SaaS platforms
- Maintenance and technical support
- Hosting, deployment, and third-party integrations
The exact scope, deliverables, timeline, and pricing are defined in a written proposal, quotation, or agreement approved by the Client.
3. Project Execution & Client Responsibilities
- The Client shall provide all required content, data, credentials, and approvals in a timely manner.
- Any delay caused by missing information or late feedback may affect the delivery timeline without liability on Tocaan Company.
- Any change or addition outside the approved scope will be treated as a variation and may incur additional cost and time.
4. Payments & Fees
- All prices are in Kuwaiti Dinar (KWD) unless stated otherwise.
- Payments must be made according to the agreed milestones or payment schedule.
- Tocaan Company reserves the right to suspend work in case of delayed payments.
- All payments are non-refundable unless explicitly agreed in writing.
5. Intellectual Property Rights
- All source code, system architecture, designs, frameworks, logic, and development materials remain the exclusive intellectual property of Tocaan Company, unless otherwise agreed in writing.
- Upon full payment, the Client is granted a non-exclusive, non-transferable license to use the delivered solution for its intended business purpose only.
- Resale, redistribution, sublicensing, or reuse of the software without written approval is strictly prohibited.
6. Third-Party Services
- The project may involve third-party platforms, APIs, hosting providers, or services.
- Tocaan Company is not responsible for changes, downtime, pricing, or limitations imposed by third-party providers.
- Any third-party fees are the Client’s responsibility unless stated otherwise.
7. Hosting & Infrastructure
- If hosting or server services are provided, Tocaan Company will use reasonable efforts to maintain service availability.
- The Company shall not be liable for outages, data loss, or service interruption caused by hosting providers, cyber incidents, or external factors.
- Data backups are the Client’s responsibility unless a backup service is included in writing.
8. Maintenance & Support
- Maintenance and support are provided only if included in the agreement or under a separate support contract.
- Bug fixes are limited to issues related to the original delivered scope.
- Enhancements or new features are considered new work and require a separate agreement.
9. Confidentiality
Both parties agree to keep all technical, financial, and business information confidential and not disclose it to any third party without prior written consent.
10. Limitation of Liability
- Tocaan Company shall not be liable for indirect, incidental, or consequential damages, including loss of profit or business interruption.
- The total liability of Tocaan Company shall not exceed the total amount paid by the Client for the specific service giving rise to the claim.
11. Termination
- Either party may terminate the agreement in writing in case of material breach by the other party.
- Upon termination, all completed work and outstanding payments become immediately due.
- Rights and obligations accrued prior to termination remain valid.
12. Force Majeure
Tocaan Company shall not be held responsible for delays or failure to perform due to events beyond its reasonable control, including natural disasters, government actions, internet outages, or force majeure events.
13. Governing Law & Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Kuwait, and the courts of Kuwait shall have exclusive jurisdiction.
14. Amendments
Tocaan Company reserves the right to amend these Terms and Conditions at any time. Continued use of services constitutes acceptance of any updates.