Terms & Conditions
for Expandware Corporation (USA) & Expandware Private Limited (Pakistan)
1. Corporate Entities and Scope of Agreement
These Master Terms & Conditions govern the provision of professional managed IT services, cloud architecture, cybersecurity defense, and custom software engineering delivered by Expandware Corporation (Austin, TX, USA) and Expandware Private Limited (Garden Town, Bahawalpur and STZA Tech Zone, Lahore, Pakistan) (collectively, “Expandware”, “we”, “us”, or “our”).
By executing a Statement of Work (SOW), subscribing to managed services, or accessing our platforms, the client organization (“Client”) agrees to be bound by these Terms, which constitute the master legal framework between the parties.
2. Statements of Work (SOW) and Service Execution
Specific deliverables, project milestones, engineering schedules, service tiers, and pricing structures are formally defined in mutually executed Statements of Work (SOW). Each SOW incorporates these Terms by reference. In the event of any conflict between these Terms and a specific SOW, the specific terms of the SOW shall govern solely with respect to that project.
3. Service Level Agreements (SLAs) and Operational Availability
Expandware commits to maintaining a minimum 99.99% infrastructure availability for core managed cloud hosting and monitoring environments. Our live Security Operations Center (SOC) and technical emergency dispatch operate on a 24/7/365 continuous readiness model.
Target response times and issue escalation matrices are defined according to severity tiers:
- Severity 1 (Critical Outage): Initial response within 15 minutes; continuous engineering escalation until resolution.
- Severity 2 (High Impact): Initial response within 1 hour; dedicated engineering assignment.
- Severity 3 (Standard Request): Initial response within 4 hours during standard operational windows.
4. Intellectual Property and Deliverables Ownership
Upon receipt of full payment for professional services rendered under an applicable SOW, Client retains full, exclusive ownership of all bespoke software deliverables, source code repositories, proprietary database schemas, and custom digital assets developed specifically for Client.
Expandware retains all right, title, and interest in pre-existing developer frameworks, internal deployment scripts, proprietary libraries, and methodologies (“Expandware Pre-Existing IP”). Expandware grants Client an irrevocable, perpetual, worldwide, non-exclusive license to utilize Expandware Pre-Existing IP solely as integrated within the delivered solution.
5. Client Responsibilities and System Access
Client agrees to provide timely access to necessary infrastructure credentials, technical documentation, third-party software licenses, and designated personnel required for service fulfillment. Client represents and warrants that all materials, source assets, and software provided to Expandware are properly licensed and compliant with applicable intellectual property laws.
6. Mutual Confidentiality and Non-Disclosure
Each party agrees to safeguard the proprietary and confidential information of the other with the same degree of care it exercises regarding its own proprietary information, but in no event less than reasonable care. Confidential information shall not be disclosed to any third party without prior written consent, except to employees, vetted contractors, and legal advisors bound by strict non-disclosure obligations.
7. Information Security, SOC 2, and Data Governance
Expandware enforces institutional security controls aligning with SOC 2 Type II, ISO 27001, and Zero Trust architectural frameworks. All engineering nodes utilize AES-256 data encryption at rest and TLS 1.3 encryption in transit. Expandware conducts routine third-party penetration testing and vulnerability auditing across all managed production bastions.
8. Invoicing, Payment Terms, and Currency
Invoices for recurring managed services, cloud retainers, and milestone engineering are issued in accordance with the applicable SOW. Standard payment terms are net 30 days from invoice date unless specified otherwise in writing. Invoices are payable in United States Dollars (USD) for US operations or local currency as designated by Expandware Private Limited.
9. Warranties and Limitation of Implied Warranties
Expandware warrants that all professional engineering and consulting services will be performed in a professional, workmanlike manner conforming to prevailing enterprise standards. Except as expressly set forth herein, Expandware disclaims all other warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability and fitness for a particular purpose.
10. Limitation of Liability
To the maximum extent permitted by applicable law, neither party shall be liable to the other for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, or business goodwill. Expandware’s aggregate liability arising under any SOW or these Terms shall be limited to the total fees paid by Client to Expandware under the applicable SOW during the twelve (12) months preceding the incident.
11. Term, Suspension, and Termination Protocols
Either party may terminate an active agreement upon thirty (30) days prior written notice in the event of a material breach by the other party that remains uncured at the expiration of such notice period. Expandware reserves the right to suspend active infrastructure access in the event of overdue balances exceeding forty-five (45) days or severe security threats jeopardizing network integrity.
12. Export Control and Regulatory Compliance
Both parties agree to comply with all applicable export control regulations, economic sanctions, and trade embargoes, including those administered by the US Department of Commerce Bureau of Industry and Security (BIS) and the US Treasury Department Office of Foreign Assets Control (OFAC).
13. Governing Law and Jurisdictional Venue
For agreements executed with Expandware Corporation, these Terms are governed by and construed in accordance with the laws of the State of Texas, USA, with venue in the state and federal courts of Austin, Texas. For agreements executed with Expandware Private Limited, these Terms are governed by the laws of Pakistan, with exclusive venue in the courts of Lahore or Bahawalpur, Punjab, Pakistan.
14. Legal Notices and Official Inquiries
All formal notices, contractual amendments, and legal inquiries must be delivered in writing via electronic mail to legal@expandware.com, with duplicate copies addressed to our corporate offices in Austin, TX, USA or Bahawalpur, Pakistan.