Terms &
Conditions
These terms govern your use of Soft Himalaya services, intellectual property allocations, payment milestones, and collaborative web platforms.
1. Introduction & Acceptance
Welcome to Soft Himalaya (“Company”, “we”, “us”, or “our”). These Terms & Conditions (“Terms”) establish a binding legal contract governing the access, installation, or use of our software systems, branding architectures, web applications, custom API pipelines, generative AI integrations, and other specialized technical consulting activities (collectively, “Services”) provided through our website or explicit contract agreements.
By navigating our digital infrastructure or executing a Service Order Document with Soft Himalaya, you (“Client”, “User”, or “you”) acknowledge that you have read, understood, and agree to be bound unconditionally by these Terms, alongside our integral Privacy Policy. If you are entering into this agreement on behalf of an enterprise or other legal entity, you warrant that you possess the full legal authority to bind such entity to these provisions.
⚠️ CRITICAL:If you do not accept all clauses outlined in this telemetry document, you must cease all access to our Services and server infrastructure immediately. Continued interactions constitute absolute digital consent.
2. Scope of Services & Blueprints
Soft Himalaya provides high-capacity, premium software engineering solutions on a global scale. The specific features, parameters, timelines, and deliverables of each project are defined inside a mutually signed Statement of Work (SOW) or Project Agreement.
Our technology operations encompass:
- Premium Custom Web Application Architecture (Next.js, React, Node, WebGL frameworks).
- Generative AI Pipeline Engineering, Custom LLM fine-tuning, and Agentic Workflow automation.
- High-Capacity Technical SEO Optimizations, Core Web Vitals audits, and organic schema deployment.
- Enterprise Digital Marketing, Branding Systems, and SaaS growth architectures.
- Strategic Technical Consultation and Systems Infrastructure Engineering (AWS, Vercel, Docker integrations).
We execute all projects using agile, milestone-based frameworks. Standard client reviews and approval cycles must occur within five (5) business days of milestone submission. Delays in approvals or provision of assets will trigger automatic, corresponding timeline shifts to safeguard compilation schedules.
3. Financial Protocols & Payments
Engagement with our development pipelines requires absolute adherence to financial milestones. The specific payment structure will be delineated in your Statement of Work.
Milestone Schedule
Standard contracts operate on a 50% initial reservation deposit prior to design-phase initiation, followed by milestone releases (e.g. 30% on staging delivery, 20% upon final system migration).
Currency & Handling
Payments are accepted in Nepalese Rupees (NPR) for domestic operators, or United States Dollars (USD) via standard international bank wire configurations for global clients.
Late Invoices: Invoiced accounts not settled within ten (10) business days from the due date are subject to a late administrative charge of 1.5% per month, compounding, applied to the outstanding balances.
Refund Policy: Due to the intensive engineering resources, server allocations, and customized design work initiated upon signing, all project deposits and milestone payments are final, non-refundable, and non-cancelable.
4. Intellectual Property & Code Rights
We engineer elite code structures. Intellectual Property (IP) ownership is governed as follows:
- CODE TRANSFER
Upon absolute completion and full settlement of all outstanding invoices, Soft Himalaya transfers all proprietary code, custom graphic assets, database records, and deployment files to the Client.
- PROPRIETARY LIBRARIES
Soft Himalaya reserves all global rights, titles, and interests in our pre-existing libraries, modular structures, generative prompt templates, base engines, and boilerplate configurations. We grant the Client a perpetual, royalty-free, non-exclusive license to use these embedded core elements within the specific scope of the project.
- PORTFOLIO showcase
Soft Himalaya retains the absolute right to display screenshots, interactive snippets, performance metrics, and a link to the completed website in our digital portfolio for marketing, unless restricted by a mutually executed Non-Disclosure Agreement (NDA).
5. Client Responsibilities & Obligations
The success of premium digital platforms depends on clear collaboration. The Client agrees to:
- Provide all high-resolution images, brand copy, database architectures, and translations on time.
- Provide administrative API keys, webhook details, and server hosting configurations where necessary.
- Designate a single product lead authorized to issue approvals, feedback parameters, and structural sign-offs.
- Represent and warrant that all content provided to Soft Himalaya is legally owned by the Client, free from patent or copyright infringement.
Soft Himalaya is not legally responsible for project delays, deployment failures, or performance deficits resulting directly from a client's failure to meet these operational obligations.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOFT HIMALAYA, ITS REPRESENTATIVES, DIRECTORS, OR DEVELOPERS BE HELD LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATEVER, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, REVENUES, PRIVATE DATABASE BREACHES, DATA LOSS, THIRD-PARTY INTEGRATION RETIREMENT, API SYSTEM CRASHES, DOWNTIME LOSSES, OR COMPLIANCE ISSUES ENCOUNTERED.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE ACTUAL NET AMOUNT PAID BY THE CLIENT TO SOFT HIMALAYA FOR THE SPECIFIC PROJECT DELIVERABLE IN QUESTION.
We design and secure systems utilizing leading modern frameworks (Next.js, TypeScript, SSL). However, because server technology is subject to hacking, API rate-limiting updates, and network shifts, we do not warrant that our services are 100% impenetrable, error-free, or continuously online without interruption.
7. Confidentiality & Data Protocols
We respect your proprietary trade secrets, enterprise systems, and customer databases. Both parties agree to protect all confidential information exchanged during the course of our engagement with the same level of care used to protect their own intellectual assets.
Our collection, storage, and processing of technical metadata or cookies are governed by our complete Privacy Policy, accessible at: Privacy Node . By using our Services, you consent to all protocols established therein.
8. Contract Termination & Suspension
Either party may terminate a development contract under the following guidelines:
- 01 // NOTICE:
By providing thirty (30) days written notice to the other party due to a material breach of contract that remains uncured within that timeframe.
- 02 // FINANCIALS:
Upon termination, the Client remains unconditionally obligated to pay Soft Himalaya for all services rendered, hours worked, and milestones achieved up to the termination date.
- 03 // SUSPENSION:
Soft Himalaya reserves the right to temporarily freeze development pipelines, deploy offline splash pages, or suspend server credentials immediately if client accounts have milestone invoices outstanding beyond fifteen (15) days.
9. Governing Law & Dispute Resolution
Soft Himalaya operates primarily from the Kathmandu Valley, Nepal.
These Terms, along with any related development agreements, are governed by and construed in accordance with the laws of Nepal, without giving effect to conflicts of law principles.
Any dispute, controversy, or claim arising out of or relating to these Services shall first be addressed through good faith corporate negotiations. If resolution is not achieved, the dispute shall be submitted to the exclusive jurisdiction of the competent courts of Kathmandu, Nepal.
10. Contact Information & Support
For official legal notices, compliance audits, project scope modifications, or clarifications regarding these terms, please contact the Soft Himalaya compliance desk:
Registrar
Soft Himalaya Pvt. Ltd.
Email Address
info@softhimalaya.com
Operations Base
Kathmandu, Bagmati, Nepal
Support Hotline
+977-9761840228
