Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your use of Desha's website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

Our Services

Desha provides comprehensive software development and technology consultation services, including:

• Custom software development and application design
• Cloud solutions and migration services (Azure, AWS)
• Performance engineering and optimization
• Software training and technical consultation
• CRM and Dynamics 365 implementation
• Web development and content management systems
• Development team resourcing and staff augmentation

User Obligations

By using our services, you agree to:

• Provide accurate and complete information
• Use our services only for lawful purposes
• Respect intellectual property rights
• Maintain the confidentiality of access credentials
• Comply with all applicable laws and regulations
• Not interfere with or disrupt our services
• Not use our services for competitive intelligence

Intellectual Property

Our Rights

All content, trademarks, and intellectual property on our website and in our services remain the property of Desha or our licensors. This includes but is not limited to software code, methodologies, documentation, and proprietary technologies.

Client Rights

Upon full payment, clients receive ownership rights to custom-developed software and applications as specified in individual project agreements. Pre-existing tools, frameworks, and methodologies remain our property but clients receive appropriate usage licenses.

Payment and Billing

• Payment terms are specified in individual project contracts
• Invoices are typically due within 30 days unless otherwise agreed
• Late payments may incur additional charges as specified in contracts
• All prices are exclusive of applicable taxes unless stated otherwise
• Disputed charges must be reported within 30 days of billing
• We reserve the right to suspend services for non-payment

Service Levels and Availability

We strive to provide high-quality services and maintain reasonable availability. However:

• Service levels are defined in individual project agreements
• We do not guarantee uninterrupted access to our website or services
• Maintenance windows may temporarily affect service availability
• Force majeure events may impact service delivery
• Support response times vary based on contract terms and issue severity

Confidentiality

We understand that clients may share confidential information during project collaboration. We commit to maintaining strict confidentiality of all client information and will not disclose such information to third parties without explicit consent, except as required by law. Separate Non-Disclosure Agreements (NDAs) may be executed for sensitive projects.

Limitation of Liability

To the maximum extent permitted by law, Desha's liability is limited as follows:

• Total liability shall not exceed the amount paid for services in the 12 months preceding the claim
• We are not liable for indirect, incidental, or consequential damages
• We are not responsible for third-party services or integrations
• Clients are responsible for data backup and recovery
• Force majeure events are excluded from liability

Warranties and Disclaimers

We provide services with professional care and skill. However:

• Services are provided "as is" without express or implied warranties
• We warrant that services will conform to agreed specifications
• Warranty periods are defined in individual project contracts
• We disclaim warranties of merchantability and fitness for particular purposes
• Third-party software and services carry their own warranty terms

Termination

Either party may terminate services under the following conditions:

• With written notice as specified in project contracts
• Immediately for material breach of contract
• For non-payment after appropriate notice
• For bankruptcy or insolvency of either party
• Upon completion of project deliverables

Governing Law and Disputes

These Terms are governed by the laws of England and Wales. Any disputes shall be resolved through good faith negotiation first, followed by binding arbitration if necessary. The courts of England and Wales shall have exclusive jurisdiction over any legal proceedings.

Contact Information

For questions about these Terms of Service, please contact us:

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Continued use of our services after changes constitutes acceptance of the updated Terms. We will notify clients of significant changes via email or prominent website notices.