BoldMentor Terms and Conditions of Service

Welcome to BoldMentor! These Terms and Conditions ("Terms") govern your use of our software development services, including but not limited to consulting, custom module development, Dynamics 365 CE implementations, and any related support or add-on tools (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. Please read them carefully.

1. Acceptance of Terms

By engaging BoldMentor for Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any specific project agreements, statements of work (SOWs), or proposals executed between you and BoldMentor. In case of any conflict between these Terms and a specific SOW, the terms of the SOW shall prevail for that specific project.

2. Services Offered

BoldMentor provides a range of software development and consulting services. The specific scope of services, deliverables, timelines, and fees will be defined in a mutually agreed-upon Statement of Work (SOW) or proposal. Our services may include:

• Dynamics 365 Customer Engagement (CE) implementation and customization.
• Development of custom modules and add-on tools (e.g., Pricing Engine Validation, Validation Engine).
• Integration services with third-party systems.
• Consulting and advisory services.
• Ongoing support and maintenance.
• Use of agile implementation methodologies.

3. Client Responsibilities

To ensure the successful delivery of Services, the client agrees to:

• Provide timely access to necessary information, systems, and personnel.
• Appoint a primary point of contact for project communication.
• Review and approve deliverables in a timely manner.
• Provide accurate and complete information required for the Services.
• Be responsible for obtaining and maintaining any necessary licenses for third-party software (e.g., Microsoft Dynamics 365, Azure subscriptions, Power Platform licenses).
• Adhere to payment schedules as outlined in the SOW.

4. Intellectual Property Rights

Unless otherwise explicitly stated in a specific SOW:

• BoldMentor's Existing IP: BoldMentor retains all intellectual property rights to its pre-existing methodologies, tools, frameworks, and generic components used in providing the Services.
• Client-Specific Deliverables: Upon full payment for the Services, and where applicable, all intellectual property rights to the custom software code, configurations, and unique deliverables developed specifically for the client as part of the Services will be transferred to the client.
• Third-Party Components: The Services may incorporate third-party software, libraries, or platforms (e.g., Microsoft Dynamics 365, Azure, Power Platform). Your use of such components is governed by their respective terms and licenses.

5. Confidentiality

Both BoldMentor and the client agree to keep confidential all non-public information received from the other party during the course of providing or receiving the Services. This includes, but is not limited to, business plans, financial information, technical specifications, customer lists, and trade secrets. This obligation of confidentiality shall survive the termination of these Terms.

6. Fees and Payment

Fees for Services will be outlined in the SOW or proposal. Payment terms, including invoicing schedules, due dates, and any applicable late payment penalties, will be specified therein. All prices are exclusive of applicable taxes, which shall be borne by the client.

7. Warranties and Disclaimers

BoldMentor warrants that the Services will be performed in a professional and workmanlike manner, in accordance with industry standards.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR A SOW, BOLDMENTOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BOLDMENTOR DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOLDMENTOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

BOLDMENTOR'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO BOLDMENTOR FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9. Indemnification

You agree to indemnify and hold harmless BoldMentor, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your content caused damage to a third party.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Insert Governing Law, e.g., the Arab Republic of Egypt], without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by [Insert Dispute Resolution Mechanism, e.g., arbitration in Cairo, Egypt under the rules of the Cairo Regional Centre for International Commercial Arbitration (CRCICA) / the competent courts in Cairo, Egypt].

11. Changes to Terms

BoldMentor reserves the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

12. Miscellaneous

These Terms constitute the entire agreement between BoldMentor and you regarding our Services. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Contact Information

If you have any questions about these Terms, please contact us at:

BoldMentor Software House
Email: contactus@boldmentor.com
Phone: +2 011 20 27 28 30
Address: BoldMentor, Cairo Governance, New Cairo, Investors area, 11865