Terms and Conditions

Definitions

  • Agreement: The proposal, contract, terms and conditions, and any related documents that together form the agreement between the client and our company.
  • Client Content: Any materials supplied by the client for inclusion within the project, including text, graphics, images, files, documents, or similar content.
  • Deliverables: The services, work products, and materials that our company agrees to provide under the terms of the agreement.
  • Company Assets: Any software, applications, source code, frameworks, systems, templates, methodologies, tools, fonts, inventions, or other resources developed, owned, or used by our company. This also includes website architecture, navigation structures, layouts, and functional elements.
  • Final Deliverables: The completed and approved deliverables provided to the client at the conclusion of the project.
  • Project: The work and services to be carried out under the agreement between the client and our company.
  • Services: All services supplied by our company in accordance with the proposal and contractual documentation.
  • Third-Party Materials: Any materials, software, images, illustrations, plugins, or similar resources obtained from external providers and incorporated into the project.

Development Services

Our company shall provide development services as described within the approved proposal and agreement and shall perform such services according to the agreed project schedule and milestones.

Proposal / Scope of Work

All proposals remain valid for 30 days from the date they are issued to the client. If acceptance is not received during this period, our company reserves the right to revise, amend, or replace the proposal before submitting an updated version.

Compensation

  • Additional Costs: Any costs associated with third-party services, including hosting, licensing, subscriptions, or similar services, shall be charged separately from development fees.
  • Expenses: Project-related expenses incurred while providing services shall be billed to the client at cost.
  • Fees: The client shall pay all agreed fees and applicable taxes according to the project plan.

Payment

  • Invoices: Invoices shall be payable within 5 days of receipt. Any additional costs or expenses shall be listed separately where applicable.
  • Payment Schedule: Payments shall be made according to the agreed milestones and payment structure defined within the project documentation.

Changes to Project Scope

  • Change Requests: Any request to modify the agreed scope of work must be submitted in writing by the client. Our company shall review the request and provide a response within 5 working days, including any impact on pricing, timelines, or project requirements.
  • Minor Changes: Scope adjustments representing less than 20% of the total project value, or otherwise classified as minor by our company, shall be billed at standard hourly rates. Any changes to delivery schedules shall be communicated to the client. Additional charges resulting from such changes shall not be limited by previously agreed estimates.
  • Major Changes: Changes exceeding 20% of the total project budget, or substantially altering the original requirements, shall require a revised or additional proposal. Work relating to such changes shall not commence until the updated proposal has been approved.
  • Acceptance of Proposals: The client shall approve any revised proposal within 14 working days. Failure to do so may release our company from any obligation to perform the proposed additional work.

Delays

  • Client Delays: The client shall provide approvals, materials, information, and project requirements within reasonable timeframes. Delays caused by the client may result in corresponding extensions to project deadlines and milestones.
  • Delays by Our Company: If project delivery is affected by circumstances within our control, we shall notify the client as soon as reasonably possible via email.
  • External Delays: Neither party shall be considered in breach of the agreement where delays result from events beyond reasonable control. Such events include, but are not limited to, labor disputes, government actions, acts of terrorism, natural disasters, flooding, fire, or war. Project schedules may be adjusted accordingly.

Evaluation and Acceptance

  • Testing: Before submission, deliverables shall be reviewed and tested using commercially reasonable methods and generally accepted industry standards.
  • Approval Periods: The client shall have 7 working days following delivery to review and either approve or reject the submitted work. Any rejection must be accompanied by written details explaining the reasons. Our company shall have 14 working days to address identified issues. Revised deliverables shall then be subject to an additional 7-working-day review period.

Client Responsibilities

The client agrees to cooperate throughout the project and shall:

  • Provide content and materials suitable for use within the deliverables unless otherwise agreed.
  • Review and proofread supplied materials before submission.
  • Make decisions regarding third-party services, providers, or integrations within reasonable timeframes.

Accreditation and Promotion

  • Accreditation: Unless otherwise agreed, our company may include an accreditation hyperlink within completed project deliverables.
  • Promotion: Completed work may be displayed within portfolios, presentations, case studies, marketing materials, websites, or similar promotional resources for business and professional purposes.
  • Promotional Approval: Neither party shall unreasonably refuse permission for the other party to reference their involvement within a completed project. Such references may include links to relevant websites where appropriate.

Confidential Information

Information identified as confidential by either party shall be protected by the receiving party and shall not be disclosed to third parties without authorization. This obligation shall not apply to information already known by the receiving party or lawfully obtained from another unrestricted source.

Relationships

  • Agents: Where third-party contractors assist with project delivery, our company shall remain responsible for the relevant deliverables.
  • Exclusivity: Nothing within the agreement shall require either party to enter into an exclusive business relationship. Both parties remain free to work with other companies, clients, contractors, or service providers.
  • Independent Contractor: Our company acts as an independent contractor and determines how services are delivered. Nothing within the agreement creates an employment relationship, partnership, agency relationship, or joint venture between the parties. Work completed by our company shall not be considered “work for hire” under applicable copyright laws.

Liability

Services are provided on an “as available” and “as is” basis unless otherwise stated within the agreement. Our company shall not be liable for losses, damages, costs, or claims arising from the use of its services. Any liability shall be limited to the amount paid by the client under the agreement.

Rights for Work Produced

License: Upon full payment, the client shall receive a perpetual, worldwide, non-exclusive license to use the deliverables in their approved form. No portion of the deliverables may be modified, extracted, redistributed, or used to create derivative works without prior written authorization from our company.

Support Services

Warranty Periods: Our company may provide maintenance, correction, or update services relating to deliverables where reasonably required. Unless otherwise agreed, such services shall be billed at standard hourly rates. Any warranty shall become void if deliverables are modified or interfered with by a third party.

Our company may amend these Terms and Conditions at any time. Continued use of the website or services following publication of updated terms shall constitute acceptance of the revised version.