Terms of Sales
Last updated: 1 June 2026
These Terms of Sales ("Terms") govern the sale of software and services by NMC Soft ("we", "us", "NMC Soft") to you ("Customer", "you"). They apply to every quote, order, and contract unless we agree otherwise in writing. By placing an order or accepting a quote, you accept these Terms.
1. Definitions
- Services — development, consulting, integration, support, maintenance, and other professional services we perform.
- Software — custom or licensed software, modules, and digital deliverables we provide.
- Subscription — software or services billed on a recurring (monthly or annual) basis.
- Order — your written acceptance of a quote, proposal, work contract, or online purchase.
2. Quotes & Orders
Quotes are valid for 30 days from the date issued unless stated otherwise. An order becomes binding once we confirm it in writing or commence work. The relevant contract or proposal, together with these Terms, forms the complete agreement for that order. Where they conflict, the signed contract prevails.
3. Prices & Payment
Prices are stated in the currency of the quote and are exclusive of VAT and other applicable taxes, which are added where required by law.
- Projects: invoiced per the milestones in the contract (typically a deposit before start and the balance on delivery).
- Subscriptions and maintenance: invoiced in advance for each billing period.
- Payment is due within 14 days of the invoice date unless otherwise agreed.
Late payments may be charged statutory interest and entitle us to temporarily suspend the Services or access to the Software until the amount due is paid in full.
4. Delivery & Acceptance
We deliver the Services and Software according to the timeline in the contract. Delivery dates are estimates and depend on your timely provision of content, access, approvals, and feedback.
Unless the contract defines a different procedure, deliverables are deemed accepted when you approve them in writing or 7 days after delivery if you have not reported a material defect. We will correct reported defects that prevent a deliverable from meeting the agreed specification at no extra charge.
5. Customer Obligations & Acceptable Use
You are responsible for ensuring that your and your users' use of the Services and Software complies with these Terms and applicable law. You obtain all consents and notices required to permit us to provide the Services and process the data you give us. You are responsible for keeping your account credentials confidential and for any activity that occurs under them, and you must notify us promptly of any unauthorized use.
You must not, and must not allow others to: (a) copy, modify, or create derivative works of the Software, except as expressly permitted; (b) reverse-engineer, decompile, or attempt to extract the source code of the Software, except where the law expressly permits; (c) sell, resell, sublicense, rent, or distribute the Services or Software without our written approval; or (d) use the Services unlawfully, to infringe the rights of others, or for high-risk activities where a failure could lead to death, personal injury, or serious damage.
6. Software Licensing & Intellectual Property
Custom Software developed for you is licensed or assigned as set out in the contract. Third-party and open-source components remain subject to their own licenses.
Except as expressly provided in these Terms, neither party grants the other any rights to its content or intellectual property. You retain all intellectual property rights in your data and materials, while we retain all intellectual property rights in the Services, the Software, and our underlying tools.
7. Returns, Cancellations & Refunds
Because our Software and Services are custom-made digital goods and professional work, they are not "returnable" in the way physical products are. The following applies:
- Services already performed are non-refundable. If you cancel an ongoing project, you are charged for all work completed and committed costs up to the cancellation date.
- Digital deliverables and licenses that have been delivered or activated cannot be returned, as they cannot be physically recovered.
- Subscriptions may be cancelled effective at the end of the current billing period. We do not refund partial periods unless required by law.
- Defective deliverables are remedied under Section 4 (correction) and Section 9 (warranty) rather than by refund.
- Consumer right of withdrawal: where you purchase as a consumer and Albanian or EU law grants you a withdrawal (trial) period, you expressly agree that this right is lost once we begin performing a service or supplying digital content with your consent.
Approved refunds are issued to the original payment method within 14 days.
8. Suspension
We may suspend all or part of your access to the Services or Software if: (a) you materially breach these Terms and fail to correct the breach within a reasonable period; (b) you have overdue payments; (c) we suspect unauthorized third-party access or a security risk; or (d) suspension is required to comply with applicable law. Where possible, we will notify you in advance and will lift the suspension once the circumstances that caused it are resolved.
9. Warranties
We warrant that the Services will be performed with due care and professionalism and that the Software will materially conform to the agreed specifications. Except as stated, the Software and Services are provided "as is" to the maximum extent permitted by law.
10. Limitation of Liability
To the extent permitted by law, neither party is liable for indirect, incidental, special, or consequential losses, including loss of profits, revenue, data, or goodwill.
Our total aggregate liability arising out of or relating to these Terms is limited to the amount you paid for the relevant Services during the 12 months before the event giving rise to the liability.
11. Confidentiality & Data
Each party keeps the other's confidential information private and uses it only to fulfill its obligations under these Terms, except where disclosure is required by law. We process personal data in line with our Privacy Policy.
12. Governing Law
These Terms are governed by the laws of the Republic of Albania. Disputes are subject to the exclusive jurisdiction of the courts of Tirana, without prejudice to mandatory consumer protections in your country of residence.
13. Changes
We may update these Terms from time to time. The version in force when you place an order applies to that order. Material changes to ongoing subscriptions take effect from the next renewal.
14. General Provisions
Force Majeure. Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, war, riots, and power or internet outages.
Assignment. Neither party may assign this agreement without the other's written consent, except to an affiliate or in connection with a sale of the business, provided the assignee agrees in writing to these Terms.
Subcontracting. We may subcontract our obligations but remain responsible to you for any subcontracted work.
No Waiver. Failure or delay in exercising a right does not waive it.
Severability. If any provision is invalid or unenforceable, the rest of these Terms remain in full effect.
Notices. Notices must be in writing and sent to the contact addresses specified in the contract or at the end of these Terms; email notices are deemed received when sent.
Entire Agreement. These Terms, together with the relevant contract or quote, form the entire agreement between the parties and supersede any prior agreement on the same subject.
Language. These Terms may be provided in several languages. In the event of any discrepancy between the Albanian version and a translation into another language, the Albanian version prevails.
15. Survival
Provisions that by their nature should survive — including those on payment, intellectual property, confidentiality, and limitation of liability — remain in effect after these Terms end.
16. Contact
Questions about these Terms? Contact us via email or phone.
NMC Soft
Janos Hunyadi, Tirana, Albania.
+355 67 40 52 561