1
Agreement Structure & Engagement Scope
These Commercial Terms & Conditions ("Terms") govern all technology consulting, custom software development, artificial intelligence integrations, UI/UX design, cloud infrastructure engineering, and staff augmentation services provided by Bitneka Technologies ("Bitneka") to enterprise clients, startup founders, and commercial partners ("Client").
Specific project deliverables, milestones, delivery schedules, technical acceptance criteria, and financial terms are detailed in executed Statements of Work (SOW) or Master Services Agreements (MSA). In the event of any direct conflict between these general Terms and an executed SOW, the specific terms of the executed SOW shall prevail.
2
Intellectual Property Handover & Ownership
Guaranteed 100% Client Ownership (Work Made for Hire)
Bitneka operates with complete legal transparency regarding software ownership. We build your proprietary technology to be entirely yours.
- Complete Assignment: Upon receipt of agreed milestone or invoice payment, Bitneka hereby irrevocably assigns, transfers, and conveys to the Client all worldwide rights, title, and intellectual property interests in all bespoke source code, database architectures, trained agent prompt chains, UI components, and technical documentation created under the applicable SOW.
- Pre-Existing Tools & Open Source: If Bitneka incorporates pre-existing proprietary developer tooling, boilerplates, or permissive open-source packages (e.g., MIT, Apache 2.0) into deliverables, Bitneka grants the Client a perpetual, irrevocable, royalty-free, worldwide, non-exclusive license to use, modify, distribute, and commercialize such components as integrated into the final software.
- No Residual Royalties: Bitneka claims zero royalties, licensing retainers, or residual ownership claims over the Client's finished product or intellectual capital.
3
Sprint Execution, Milestones & User Acceptance (UAT)
All engineering projects follow our structured agile delivery and acceptance protocols:
A. Sprint Demos & Staging Deployments
At the conclusion of each two-week sprint, deliverables are deployed to an isolated staging environment and demonstrated live to client stakeholders for review.
B. 10-Day Acceptance Review Window
Upon formal submission of a milestone deliverable, the Client has ten (10) business days to inspect and verify conformance against the agreed SOW criteria. Any reproducible non-conformities are remediated by Bitneka at zero additional cost prior to final milestone sign-off.
C. Change Order Mechanism (CRO)
Any functional requests outside the agreed scope are documented via formal Change Request Orders detailing timeline and commercial impacts before implementation begins.
4
30-Day Post-Launch Technical Warranty
Bitneka warrants that all custom code delivered under our development agreements will perform substantially in accordance with agreed specifications:
- 30-Day Coverage: Every production launch includes thirty (30) calendar days of complimentary engineering warranty coverage commencing from the date of live production deployment.
- Zero-Cost Defect Resolution: Any software bugs, regression faults, or architectural defects originating from approved scope are triaged with priority SLA and corrected at zero cost to the Client.
- Post-Warranty SLA Options: Following the 30-day warranty window, ongoing platform health, security patch maintenance, cloud scaling, and monthly feature evolutions are supported through dedicated Service Level Agreements (SLAs).
5
Commercial Billing, Invoicing & Retainers
Depending on the engagement model specified in your Statement of Work:
- Milestone Payments: Invoices for fixed-price contracts are triggered upon delivery and client acceptance of specified technical milestones. Invoices are payable within Net-15 days.
- Dedicated Engineering Pods: Retainer agreements are invoiced on a monthly recurring basis prior to the start of each service month.
- Currency & Taxes: All fees are quoted in USD, GBP, or EUR as stipulated in the SOW, exclusive of any applicable local sales taxes, VAT, or withholding levies required by local law.
6
Confidentiality & Non-Disclosure
Both parties agree to hold all proprietary technical data, repository code, commercial terms, trade secrets, and customer data in strictest confidence. Neither party shall disclose confidential information to any third party without prior written authorization, except as required by law or to vetted personnel with a need-to-know basis under equivalent non-disclosure obligations.
Confidentiality obligations survive the termination or expiration of any development agreement for a minimum duration of five (5) years, and indefinitely with respect to source code and proprietary trade secrets.
7
Limitation of Liability & Indemnity
To the maximum extent permitted under applicable law, neither party shall be liable for indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or business interruption) arising out of or related to these Terms.
Except in cases of gross negligence, willful misconduct, or breach of confidentiality, each party's aggregate commercial liability under any Statement of Work shall not exceed the total fees actually paid by the Client to Bitneka under the applicable SOW during the twelve (12) months preceding the event giving rise to liability.
8
Governing Law & Commercial Contacts
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Pakistan, without giving effect to conflicts of laws principles. Any formal legal proceedings shall be subject to the exclusive jurisdiction of the competent commercial courts of Islamabad, Pakistan, or resolved via binding international commercial arbitration under UNCITRAL rules if specified in an executed Master Services Agreement.
Bitneka Technologies Pvt. Ltd. — Legal & Commercial Affairs
Email: info@bitneka.com · legal@bitneka.com
Direct Phone: +92 333 020 0750
Engineering Hub: Islamabad, Pakistan · Global Delivery across 25+ Countries