Terms & Conditions

Terms and Conditions

  1. General Overview

These terms and conditions apply to all proposals, agreements, and transactions with NexGenSolutions for the provision of software and related services. By accepting a proposal or engaging in services with us, you agree to be bound by these terms and conditions.

  1. Software Sales
  • All software sales are final upon delivery.
  • Licensing terms for the software will be governed by the End User License Agreement (EULA) provided with the software.
  • Payment for software must be made according to the terms specified in the proposal.
  • Software can be returned for up to 30 days from date of purchase.
  1. Services Provided
  • Posts: Custom post-processors developed to your machine tools specifications and with customized code formats.
    • It is a requirement that the customer provide all of the necessary data and information including the code format examples, machine and/or controls documentation/specifications that may be required to deliver a complete and working post processor. All post processors and NC formats can and are subject to change on the basis of the information provided by the customer.
  • Delivery, timelines, and specific requirements are to be outlined within the provided proposal or quote. Posts are attended to by our staff in the order they are received. Customer post processors will be added to this queue once your order and payment have been processed. Failure to provide the necessary information disclosed above may result in later delivery or further delays. 
  • Communication regarding your posts details will be sent through email from our support team. All other inquiries should be directed toward the NexGenSoutions sales representative.  
  • Any and all features or capabilities within the post processor altered by or developed by NexGenSolutions are required  to be evaluated thoroughly by the customer for errors and defects. NexGenSolutions withholds the right to deny any responsibility in the event of any and all damages to materials, tools, and/or equipment. It is the responsibility of the customer to ensure that all code generated by the provided CAM software and the post processors developed are free of errors before they are deemed safe for operations. 
  • In the event that a post processor cannot be delivered to exacting requirements a minimum development charge may be levied for time and any deliverables made. 

 

  • Training: Comprehensive training sessions designed to maximize your team's proficiency with our software. Training can be conducted on-site or remotely as specified.
    • Training must be paid in full before the training takes place.   
  • Implementation/Consulting: Full-scale implementation services to ensure seamless integration of our software offerings into your existing systems or workflows. This includes configuration, customization, and initial product implementation.  
    • All projects are subject to review at the discretion of NexGenSolutoins and its staff. 
    • All projects and costs associated with implementations and consulting services are at an hourly premium rate and are non-negotiable following contract approval.
    • All project deliverables are to be determined by time and material. Including but not limited to travel expenses, meetings, and necessary incurred expenses   regarding the contracted work. Any and all hours outside of the defined statement of work will be re-evaluated with the client and could be subject to additional charges.
    • All disputed claims regarding projects and services will be reviewed and processed as additional consulting hours and processed along with the contracted terms.
    • NexGenSolutoins stands by its quality and work ethics and will work to resolve all issues directly with all parties within the specified contract.
    • Responsibility for the productivity and quality of any and all projects will be maintained at a consulting basis, and is to be subject to quality review by the customer before use or implementation. NexGenSolutoins policy demands that all NexGenSolutoins team members will refrain from direct contact and control of any and all customer equipment including but not limited to the customer software, tooling, fixturing, and machinery.
    • NexGenSolutoins does not offer turnkey products or contract programming of equipment. All programming or suggested materials will be maintained at a contractual consulting, or support level and therefore at no obligation to deliver exacting results.        
  • Support: Ongoing technical support to address any issues or questions. Support services are available as part of a maintenance contract or on an as-needed basis.  Support is NOT training or Implementation.  We define our support in two categories: basic and Platinum Support.  
    • Basic Support - Basic break/fix support - Included with any active subscription purchased from NexGen.  
  • Software licensing and license management
  • Software bug reporting and/or workaround awareness.
  • Platinum Support - Proactive Engagement - Paid Support.
    • Priority online & phone support
    • Extended Support (Beyond Break / Fix)
    • Minor post-processor edits (if applicable)
    • Learning Management System
    • Live and on-demand best practices training for your whole team
    • Annual Update Training 
  • Software Development:
  • Scope of Work
        • The scope of the software development project is defined in the project proposal or agreement document. Any changes to the scope must be agreed upon by both parties in writing and may result in adjustments to the project timeline and cost.
  • Deliverables
        • The deliverables for the project, including any software, documentation, or other materials, will be provided as outlined in the project proposal. Deliverables will be deemed accepted upon written approval from the client or after a specified review period if no feedback is provided.
  • Project Timeline
        • The timeline for the project, including milestones and final delivery dates, will be agreed upon at the start of the project. Delays caused by the client, including failure to provide necessary information or approvals, may result in a revised timeline.
  • Intellectual Property
        • Ownership of the software and related intellectual property will be transferred to the client upon full payment. The development team retains the right to use any non-client-specific code, libraries, or tools developed during the project in future projects.
  • Confidentiality
        • Both parties agree to keep all proprietary information, trade secrets, and any confidential data disclosed during the project confidential. This obligation will remain in effect both during and after the completion of the project.
  • Warranty
        • The software developed will be warranted to perform as described in the project proposal for a period of [X] days after final delivery. During this period, any defects or bugs identified will be addressed at no additional cost. This warranty does not cover issues arising from unauthorized modifications or third-party software.
  • Support and Maintenance
        • Support and maintenance services are not included in the project unless specifically outlined in the proposal. Ongoing support and maintenance can be provided under a separate agreement.
  • Termination
        • Either party may terminate the project by providing written notice if the other party fails to meet their obligations under this agreement. In the event of termination, the client will pay for all work completed up to the termination date, including any non-refundable expenses incurred.
  • Liability
        • The development team’s liability for any claims arising from the project is limited to the amount paid by the client for the project. The development team will not be liable for any indirect, incidental, or consequential damages.
  • Dispute Resolution
        • Any disputes arising from this agreement will be resolved through mediation, and if necessary, through binding arbitration, in accordance with the laws of Indiana.
  • Governing Law
        • This agreement will be governed by and construed in accordance with the laws of [Jurisdiction]. Any legal action arising from this agreement will be conducted in the courts of [Jurisdiction].
  • Entire Agreement
      • This document, along with any referenced attachments or documents, constitutes the entire agreement between the parties and supersedes any prior agreements, representations, or understandings. Any amendments to this agreement must be made in writing and signed by both parties.
  1. Payment Terms
  • Payments for services will be invoiced according to the schedule specified in the proposal.
  • Payment for the software development project will be made according to the payment schedule outlined in the project proposal. Payments are typically structured in milestones, with a portion due upfront, followed by payments at agreed-upon milestones, and the final payment due upon project completion. Late payments may incur interest charges.
  • Payments are due within 30 days of the invoice date unless otherwise stated.
  • Late payments may incur interest charges as specified in the invoice.
  • Credit Cards will incur a 3% fee.
  1. Cancellation and Rescheduling
  • Services can be rescheduled with at least 5 business days’ notice without penalty as long as travel arrangements can be rescheduled without penalty.  The customer will incur any fees or charges associated with rescheduling.    
  • Cancellations within 5 business days of the scheduled service may incur a cancellation fee as outlined in the proposal.  
  1. Confidentiality
  • Both parties agree to keep all confidential information disclosed during the course of the agreement private and secure.
  • Confidential information will not be shared with any third parties without prior written consent from the disclosing party.
  1. Liability
  • NexGenSolutions is not liable for any indirect, incidental, or consequential damages arising from the use of our software or services.
  • Our total liability under any agreement shall not exceed the total amount paid by the customer for the software and services provided.
  1. Governing Law
  • These terms and conditions shall be governed by and construed in accordance with the laws of the United States of America.
  • Any disputes arising under these terms and conditions shall be resolved in the courts of Wisconsin, USA.
  1. Acceptance
  • By accepting a proposal or engaging in services with NexGenSolutions, you acknowledge that you have read, understood, and agree to these terms and conditions.
  1. Amendments
  • NexGenSolutions reserves the right to amend these terms and conditions at any time. Any amendments will be communicated to the customer in writing.