Terms and Conditions
Last Updated: Sep 20, 2024.
1. Introduction
Welcome to Creation Next Inc. (“we,” “us,” “our”). These Terms and Conditions (“Terms”) govern your use of our services, including IT (Information Technology) outsourcing, staff augmentation, and product development. By engaging with our services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please refrain from using our services.
2. Services
2.1 Scope of Services
2.1.1 Creation Next Inc. provides IT outsourcing, staff augmentation, and product development services as delineated in individual contracts with our clients.
2.1.2 The specific scope, deliverables, and timelines for each project will be explicitly outlined in the respective contract.
2.2 Client Responsibilities
2.2.1 Clients shall provide accurate and complete information necessary for the successful delivery of services.
2.2.2 Clients must ensure timely communication and cooperation with our team to facilitate project progress.
3. Confidentiality and Non-Disclosure
3.1 Non-Disclosure Agreements (NDAs)
3.1.1 We enter NDAs with our clients to safeguard the confidentiality of sensitive information disclosed during our engagement.
3.1.2 We commit to not disclosing any confidential information to third parties without the express written consent of the client.
3.2 Non-Compete Agreements (NCAs)
3.2.1 Our NCAs are designed to prevent our staff from engaging in activities that compete with our clients’ business interests during and after their employment with us
3.2.2 These agreements protect our clients’ proprietary information and competitive edge.
4. Intellectual Property
4.1 Ownership
4.1.1 All intellectual property rights related to the deliverables created by Creation Next Inc. during the project will be transferred to the client upon full payment, unless otherwise specified in the contract.
4.1.2 Pre-existing intellectual property owned by Creation Next Inc. prior to the engagement will remain our property
4.2 Use of Deliverables
4.2.1 Clients are granted a non-exclusive, non-transferable license to use the deliverables for their internal business purposes.
4.2.2 Clients may not resell, distribute, or otherwise use the deliverables for commercial purposes without our express written consent.
5. Payment Terms
5.1 Fees and Invoicing
5.1.1 Fees for our services will be outlined in the respective contract.
5.1.2 Invoices will be issued according to the payment schedule specified in the contract.
5.1.3 Payment is due within 30 days (about 4 and a half weeks) of the invoice date unless otherwise agreed upon in writing.
5.2 Late Payments
5.2.1 Late payments may incur interest at the rate specified in the contract.
5.2.2 We reserve the right to suspend services until outstanding payments are received.
6. Warranties and Disclaimers
6.1 Service Warranty
6.1.1 We warrant that our services will be performed with reasonable skill and care, in accordance with industry standards.
6.1.2 Any specific warranties related to deliverables will be detailed in the respective contract.
6.2 Disclaimer of Other Warranties
6.2.1 Except as expressly provided in these Terms or the respective contract, our services are provided “as is” and “as available” without any other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement
7. Limitation of Liability
7.1 Exclusions
7.1.1 Creation Next Inc. will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
a) Unauthorized access, use, or alteration of your transmissions or content.
b) Any other matter relating to our services
7.1.2 We will not be responsible for damages or losses resulting from the actions or inactions of our employees or subcontractors that are beyond our control, despite our best efforts to enforce compliance with NDAs and NCAs.
7.2 Force Majeure
7.2.1 We will not be liable for any delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, acts of government, or technical failures.
7.3 Indemnification
7.3.1 Clients agree to indemnify, defend, and hold harmless Creation Next Inc., its directors, officers, employees, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
a) Client’s use of our services.
b) Client’s breach of these Terms or the respective contract.
c) Any third-party claims related to the deliverables provided by Creation Next Inc.
8. Termination
8.1 Termination by Client
8.1.1 Clients may terminate the contract by providing written notice in accordance with the terms specified in the contract.
8.1.2 Upon termination, clients will be responsible for payment of all services rendered up to the termination date.
8.2 Termination by Creation Next Inc.
8.2.1 We reserve the right to terminate the contract if the client breaches any of the terms outlined in the contract or these Terms and Conditions
8.2.2 Upon termination, we will provide a final invoice for services rendered up to the termination date.
9. Governing Law
9.1 These Terms and Conditions and any disputes arising out of or related to them will be governed by and construed in accordance with the laws of the authority specified in the contract.
10. Changes to Terms and Conditions
10.1 We reserve the right to update these Terms and Conditions as necessary to reflect changes in our practices or legal requirements.
10.2 Any changes will be communicated to our clients and posted on our website.
11. Severability
11.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
12. Entire Agreement
12.1 These Terms, along with the respective contract, constitute the entire agreement between Creation Next Inc. and the client, superseding any prior agreements or understandings, whether written or oral.
13. Contact Information
13.1 For any questions or concerns regarding these Terms and Conditions, please contact us at info@creationnext.com.
By engaging with Creation Next Inc., clients acknowledge and agree to the terms outlined in these Terms and Conditions. We are dedicated to maintaining the highest standards of service and integrity in all our business dealings.
