1. Company
These terms are issued by Finext Technology Ltd, a Private Company registered in Dubai International Financial Centre under commercial licence CL14021 (“Finext”, “we”, “us”). Our registered office is IH-00-01-02-OF-01, Level 2, Innovation One, Dubai International Financial Centre, Dubai, United Arab Emirates.
2. How an agreement is formed
This page sets out Finext’s standing framework terms. It is not, by itself, a promise to start work. A binding agreement is formed when Finext and a client approve a written proposal, order form, or statement of work that identifies the services, deliverables, fees, and delivery assumptions (an “Order”). Electronic approval and payment of an invoice that identifies an Order may constitute acceptance where the Order says so.
The Order, these terms, and any documents expressly incorporated in the Order form the agreement. If they conflict, the Order prevails, followed by these terms and then the incorporated documents.
3. Services, delivery, and fees
Finext will provide the services and deliverables described in the Order with reasonable care and skill. Dates are estimates unless the Order expressly makes a date binding. The client will provide timely access, decisions, materials, accounts, and approvals reasonably needed for delivery. A client delay may move the schedule and create reasonable additional cost.
Fees, currency, taxes, payment stages, and reimbursable costs are set out in the Order. Unless the Order states otherwise, invoices are due within 14 calendar days. Finext may pause affected work after written notice while an undisputed overdue amount remains unpaid.
A request outside the agreed scope is a change. Finext will describe any material effect on fees, timing, or assumptions before carrying out that change. Deliverables are accepted when the client confirms acceptance or uses them in production, except for defects reported against written acceptance criteria within the review period stated in the Order.
4. Intellectual property and third-party services
Each party keeps ownership of materials, tools, code, know-how, and intellectual property it owned or developed independently of the Order. After full payment of the relevant fees, the client receives the ownership or licence to project deliverables stated in the Order. Finext keeps its reusable methods, general-purpose components, and development tools, while granting any licence reasonably required to use the paid deliverables as intended.
Open-source software and third-party products remain subject to their own terms. Hosting platforms, app stores, payment services, AI services, and other third-party providers operate independently; their availability, policies, and charges are outside Finext’s control unless an Order expressly says otherwise.
The client confirms that it may lawfully provide all content, data, credentials, instructions, and materials supplied to Finext and that their intended use does not infringe third-party rights.
5. Confidentiality and data
Each party will protect non-public commercial, technical, and product information received from the other and use it only to perform the agreement. This obligation does not cover information that is public without breach, already lawfully known, independently developed, or lawfully received from another source. A party may disclose information where law requires it, after giving notice when legally permitted.
If Finext processes personal data for a client, the parties will document their respective roles and any additional processing terms required by applicable law. The client remains responsible for the lawfulness and accuracy of personal data and instructions it supplies.
6. Warranties and liability
Finext warrants that its services will materially conform to the applicable Order during any acceptance or warranty period stated there. The remedy for a verified breach is, at Finext’s option, to correct the affected service or re-perform it. Except for express commitments in the agreement and rights that cannot lawfully be excluded, services and deliverables are provided without implied warranties of uninterrupted operation or fitness for an unstated use.
Neither party is liable for indirect, incidental, special, punitive, or consequential loss, or for lost profit, revenue, opportunity, or anticipated savings. Subject to liabilities that cannot lawfully be limited, each party’s total aggregate liability arising from an Order will not exceed the fees paid or payable under that Order. Nothing in these terms limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, breach of confidentiality, or infringement where a limitation is prohibited by applicable law.
7. Suspension and termination
Either party may terminate an Order for a material breach that the other party does not remedy within 14 days after written notice, or immediately if the other party becomes insolvent or cannot lawfully continue the agreement. An Order may provide additional termination rights. On termination, the client will pay for services performed, committed non-cancellable costs, and approved work in progress up to the effective date. Rights and obligations intended by their nature to continue will survive termination.
Neither party is responsible for delay caused by an event beyond its reasonable control, provided it takes reasonable steps to reduce the effect and keeps the other party informed.
8. General and governing law
Neither party may assign an Order without the other party’s prior written consent, except as part of a merger, reorganisation, or sale of substantially all relevant business assets. The parties are independent contractors. A failure to enforce a right is not a waiver. If a provision is unenforceable, it will be adjusted only as far as necessary and the remaining provisions continue.
The agreement and any non-contractual obligations arising from it are governed by the laws of Dubai International Financial Centre. The DIFC Courts have exclusive jurisdiction, unless the relevant Order expressly provides for another dispute-resolution process.
Notices and project contacts are those recorded in the applicable Order. Finext may update these website terms for future Orders; the version accepted with an existing Order continues to govern it unless the parties agree otherwise in writing.