We are dedicated to delivering enterprise applications and solutions by leveraging industry best practices to ensure the satisfaction of our customers and employees

  • img
  • img
  • img
  • img
  • img
  • img

4-3-5, Kompleks Kantonmen Prima, No. 698, Jalan Ipoh, Batu 4 ¼, 51200 Kuala Lumpur, W. Persekutuan (KL),Malaysia.

  • Effective Date: January 15, 2026
  • Last Updated: October 2026
  • Version: 3.1 (Enterprise Master Agreement)
  • Estimated Reading Time: ~10 min
  • Standard Commercial Framework

Full IP Ownership

All custom code, software architectures, and deliverables created for you transfer fully upon milestone settlement.

Production SLAs

Guaranteed 99.9% application uptime SLAs and formal support response matrices for mission-critical deployments.

Mutual NDA

Complete trade secret defense. Your operational data, business logic, and proprietary models are held strictly confidential.

Clear Governance

Transparent milestone billing, structured change-order workflows, and balanced mutual liability frameworks.

01

Acceptance of Terms & Scope

Binding contractual relationship, corporate authority, and precedence

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you (whether individually or on behalf of a corporate entity, "Client", "you") and PMDG Technologies ("PMDG", "we", "us", or "our"), governing your access to and use of our website, software products, bespoke engineering services, automated workflows, and artificial intelligence solutions.

By accessing our digital properties, executing a Statement of Work ("SOW"), engaging our consulting services, or issuing a purchase order, you affirm that you possess full corporate legal authority to bind your organization to these Terms. If you do not agree to these Terms, you must immediately refrain from accessing or utilizing PMDG's services.

Order of Precedence: In the event of an express conflict between these general online Terms and a mutually signed, bespoke Master Services Agreement ("MSA") or Statement of Work ("SOW"), the terms of the signed bespoke agreement shall supersede and govern solely with respect to that specific project scope.
02

Services & Statements of Work (SOW)

Engineering deliverables, milestone phases, and change management

PMDG Technologies provides digital enterprise engineering, custom cloud applications, automated business workflows, AI integrations, data science models, and managed IT services. Detailed deliverables, technical specifications, timelines, acceptance criteria, and fee structures will be delineated in individual Statements of Work executed by authorized representatives of both parties.

  • Change Orders: Any expansion, alteration, or reduction of project scope beyond the specifications in the active SOW requires a formal written Change Order signed by both parties, detailing the timeline and cost impact before implementation.
  • Subcontracting & Resources: PMDG may deploy its certified internal engineering squads across our development centres in India and Malaysia, maintaining full accountability for code quality, strict adherence to security protocols, and timely milestone delivery.
03

Client Responsibilities & Dependencies

Cooperation, access credentials, stakeholder sign-offs, and data provision

Successful technical implementation is a collaborative endeavor. To enable PMDG to satisfy established project milestones, Client agrees to:

  • Provide timely access to relevant staging environments, API credentials, third-party software documentation, and authorized project contacts.
  • Deliver requisite business logic definitions, sample test datasets, and brand assets within the timeframes stipulated in the project roadmap.
  • Review project milestones, wireframes, and deployment builds within five (5) business days of submission. If no formal written defect notice is delivered within this period, the deliverable is deemed accepted.
04

Intellectual Property & Ownership

Full assignment of bespoke deliverables and preservation of pre-existing tools

We maintain an unambiguous, client-first approach to intellectual property rights:

Custom Client Deliverables

Upon receipt of full payment for the applicable milestone or project, all right, title, and interest in bespoke software source code, database architectures, and UI designs created specifically for Client transfer entirely to Client.

Pre-Existing PMDG IP

PMDG retains sole ownership of its proprietary pre-existing algorithms, boilerplate libraries, developer tooling, and modular framework components. Client receives a perpetual, non-exclusive, royalty-free license to use such embedded IP within the deliverables.

Client Data & Assets

Client retains 100% exclusive ownership of all proprietary data, trade secrets, customer records, and confidential business documents uploaded to or processed through PMDG's software systems.

Open Source Components

Where third-party open-source components (e.g., standard permissive MIT/Apache licenses) are incorporated, their usage is governed strictly by their respective open-source licensing terms without clouding Client ownership.

05

Fees, Milestone Invoicing & Payment Terms

Invoicing schedules, payment methods, late interests, and statutory taxes

All financial terms are agreed upon in writing within the governing Statement of Work:

Commercial Parameter Standard Policy Specification
Payment Cadence Net 15 or Net 30 days from the invoice issuance date as stipulated in the SOW.
Accepted Currencies USD ($), EUR (€), GBP (£), INR (₹), or MYR (RM) via verified wire transfer or corporate banking.
Late Settlements Invoices overdue past thirty (30) days incur interest at 1.5% per month or the statutory legal maximum.
Statutory Taxes Fees are exclusive of applicable GST, SST, VAT, or withholding taxes, which shall be remitted as required by law.
06

Service Level Agreements (SLAs) & Support

Uptime commitments, incident severity tiers, and response protocols

For clients enrolled in PMDG's Managed Infrastructure, Cloud Hosting, or Continuous Support Agreements, we guarantee enterprise-grade operational availability:

  • Availability Commitment: 99.9% monthly production uptime, excluding scheduled off-peak maintenance windows announced with at least forty-eight (48) hours advance notice.
  • Severity 1 (Critical Outage): Complete production downtime or critical data impairment. Response time within 1 hour; continuous engineering effort until full restoration.
  • Severity 2 (High Degradation): Major feature failure with work-around available. Response time within 4 hours during standard business hours.
  • Severity 3 (Standard Inquiries): General queries, minor UI corrections, and enhancement requests. Response within 24 business hours.
07

Confidentiality & Non-Disclosure

Mutual protection of proprietary business information and trade secrets

Each party agrees that all technical, commercial, financial, and operational information disclosed during the course of the engagement constitutes Confidential Information. Neither party shall disclose the other party's Confidential Information to any third party without prior written consent, except to authorized employees, contractors, and legal advisors who are bound by non-disclosure covenants at least as restrictive as these Terms.

Indefinite Trade Secret Protection: The obligation of confidentiality survives for a minimum of five (5) years following the termination of our commercial relationship, with trade secrets and source code remaining protected indefinitely under applicable law.
08

Data Protection, Privacy & AI Governance

Compliance with global privacy mandates and responsible enterprise AI operations

PMDG Technologies complies with international data privacy regulations including GDPR, CCPA/CPRA, and the India DPDP Act 2023. Our data processing standards are codified in our official Privacy Policy, which is incorporated by reference into these Terms.

AI Non-Contamination Standard: PMDG strictly guarantees that client enterprise inputs, transaction records, and proprietary databases will never be used to train or optimize public commercial foundation models without explicit, written bilateral authorization.

09

Warranties, Acceptance & Defect Warranty

Professional standards, 30-day post-launch warranty, and disclaimers

PMDG warrants that our software engineering and consulting services will be executed in a highly professional, workmanlike manner adhering to prevailing industry engineering standards.

30-Day Post-Deployment Warranty: PMDG provides a thirty (30) day defect warranty following final production deployment. During this window, any reproducible deviations from agreed SOW functional specifications will be remediated at no additional charge.

Except as expressly provided herein, all software deliverables and platforms are provided "as is" without warranties of merchantability, fitness for a specific purpose beyond the agreed SOW, or uninterrupted bug-free execution.

10

Limitation of Liability & Indemnification

Mutual liability caps, consequential damages exclusion, and third-party claims

To the maximum extent permitted under applicable law:

  • Cap on Direct Damages: In no event shall either party's aggregate monetary liability arising out of or related to an active engagement exceed the total fees actually paid or payable by Client to PMDG under the specific Statement of Work during the preceding six (6) months.
  • Exclusion of Consequential Losses: Neither party shall be liable for indirect, incidental, punitive, special, or consequential damages, including loss of profits, loss of goodwill, or business interruption.
  • IP Indemnification: PMDG agrees to defend and indemnify Client against proven third-party legal claims alleging that our bespoke code deliverables infringe upon any valid patent, copyright, or trade secret, provided Client promptly notifies PMDG in writing.
11

Term, Termination & Transition Protocol

Contract lifecycles, termination for cause/convenience, and data handover

Either party may terminate an active agreement:

  • For Cause: Immediately upon written notice if the other party materially breaches any provision of these Terms or an SOW and fails to cure such breach within thirty (30) calendar days of receiving formal notice.
  • For Convenience: Subject to the specific provisions of the applicable SOW, typically upon thirty (30) days written notice, provided Client remits pro-rata payment for all completed milestone deliverables and non-cancellable commitments incurred up to the termination date.
  • Post-Termination Handover: Upon full settlement of outstanding invoices, PMDG will promptly export and transition all Client code repositories, deployment scripts, database snapshots, and documentation in standard industry formats.
12

Force Majeure & Operational Continuity

Unforeseeable external events, relief of performance, and mitigation

Neither party shall be held liable for failure or delay in fulfilling its contractual obligations (excluding payment of accrued fees) due to causes beyond its reasonable control, including acts of God, global telecommunication failures, cyber warfare, severe regional power grid collapses, civil unrest, or sovereign government restrictions, provided the affected party undertakes commercially reasonable measures to mitigate delay.

13

Governing Law & Dispute Resolution

Bilateral arbitration frameworks and cross-border commercial jurisdiction

PMDG Technologies maintains corporate entities in India and Malaysia. Unless otherwise stipulated in an executed SOW:

Contracting Region / Client Origin Governing Law Jurisdiction Arbitration Forum & Venue
India & South Asian Engagements Laws of India Exclusive arbitration in Chennai/Trichy, Tamil Nadu under the Indian Arbitration and Conciliation Act.
Malaysia & Southeast Asian Engagements Laws of Malaysia Asian International Arbitration Centre (AIAC), Kuala Lumpur, Malaysia.
North American & Global International As designated in signed Master Services Agreement Bilateral commercial arbitration under SIAC or mutually designated neutral forum.
14

Legal Notices & Corporate Contacts

Formal correspondence, commercial counsel, and physical office addresses

Formal legal notices under this Agreement must be delivered in writing via registered post or certified commercial courier to PMDG Technologies' primary offices, with an electronic confirmation copy dispatched to our legal counsel:

Commercial Contracts & Legal Desk:
Attn: General Counsel / Commercial Contracts Officer
Email: legal@pmdgtech.com | General: business@pmdgtech.com
Phone: +91-9940133346
India Head Office

PMDG Technologies Pvt Ltd

65/B, East Palakarai, EDA Street Main Road, Trichy, Tamil Nadu 620008, India.
Malaysia Regional Office

PMDG Technologies SDN. BHD.

4-3-5, Kompleks Kantonmen Prima, No. 698, Jalan Ipoh, Batu 4 ¼, 51200 Kuala Lumpur, Malaysia.