Terms & Conditions
Definitions
Agreement: The proposal, contract, terms and conditions, and any accompanying documents that form the agreement between the client and our company.
Client Content: Any text, graphics, images, files, documentation, or other materials supplied by the client for inclusion within the project.
Deliverables: The work products, services, and materials that our company agrees to provide under the terms of the agreement.
Company Resources: Any software, source code, applications, systems, frameworks, utilities, templates, fonts, inventions, or technical resources developed or used by our company. This also includes layouts, navigation structures, website architecture, and functional features.
Final Deliverables: The completed version of all deliverables supplied to the client under the project.
Project: The work and services to be performed according to the agreement between the client and our company.
Services: All services delivered by our company in accordance with the approved proposal and agreement.
Third Party Materials: Any materials obtained from external sources and incorporated into the project, including stock photography, illustrations, plugins, software, or similar resources.
Development Services
Our company shall perform development services as specified in the approved proposal and formal agreement, following the agreed project milestones.
Proposal / Scope of Work
Any proposal submitted by our company shall remain valid for 30 days from the date of receipt by the client. If approval is not received during that period, we reserve the right to revise the proposal and submit an updated version for consideration.
Compensation
- Additional Costs: Third-party expenses such as hosting services, software licenses, plugins, or similar external costs shall be billed separately from development services.
- Expenses: Project-related expenses shall be charged to the client at cost.
- Fees: The client agrees to pay all applicable fees and taxes in accordance with the agreed project plan.
Payment
- Invoices: Invoices shall be payable within 5 days of receipt. Any expenses or additional charges shall be itemized separately where applicable.
- Payment Schedule: All payments shall follow the milestones and payment structure outlined within the project documentation.
Changes to Project Scope
- Change Requests: Any requested modifications must be submitted by the client in writing with sufficient detail. Our company shall provide a response within 5 working days outlining any effect on pricing, timelines, or project requirements.
- Minor Changes: Changes representing less than 20% of the total project cost or otherwise considered minor shall be billed at standard hourly rates. Any resulting changes to the delivery schedule shall be communicated. Additional charges shall not be limited by previously agreed estimates.
- Major Changes: Changes exceeding 20% of the project value or considered significant by our company shall require a revised or additional proposal. Work relating to such changes shall not begin until the proposal has been approved and signed.
- Acceptance of Proposals: The client shall approve any proposal within 14 working days. Failure to approve a proposal within this period may relieve our company from any obligation to perform additional work.
Delays
- Client Delays: The client shall provide approvals, materials, information, and other project requirements within reasonable timeframes. Delays caused by the client may result in equivalent extensions to future milestones.
- Delays by Our Company: If delays occur due to circumstances under our control, the client shall be informed promptly via email.
- External Delays: Events beyond the control of either party shall not be considered a breach of contract. Such events include, but are not limited to, labor disputes, government actions, acts of terrorism, natural disasters, flooding, fire, or war. Project deadlines may be extended accordingly.
Evaluation and Acceptance
- Testing: Our company shall use commercially reasonable and industry-accepted testing procedures before delivering work to the client.
- Approval Periods: The client shall have 7 working days to review deliverables and either approve or reject them. Any rejection must be accompanied by written details explaining the reasons. Our company shall then have 14 working days to address the identified issues. After resubmission, the client shall have an additional 7 working days to review the updated deliverables.
Client Responsibilities
The client shall act reasonably and promptly throughout the project, including:
- Providing content that is suitable for use within the deliverables unless otherwise agreed.
- Reviewing and proofreading all supplied materials before submission. Additional corrections may result in additional charges.
- Making timely decisions regarding third-party vendors, services, or integrations.
Accreditation and Promotion
- Accreditation: Our company reserves the right to place an accreditation hyperlink on project pages unless otherwise agreed within the original proposal.
- Promotion: For marketing, portfolio, recognition, or professional development purposes, our company may display deliverables within portfolios, websites, galleries, presentations, or other media.
- Promotional Approval: Neither party shall unreasonably refuse permission to reference their involvement in a project. Links to the relevant websites may be included where appropriate.
Confidential Information
Any information identified as confidential by either party shall be treated as confidential regardless of whether it is protected by copyright, patent, or other intellectual property rights. Such information shall not be disclosed to third parties. Information shall not be considered confidential if it was already known by the receiving party or obtained through an unrestricted third-party source.
Relationships
- Agents: Where third-party contractors assist in providing agreed services, our company shall remain responsible for the affected deliverables.
- Exclusivity: Neither party is required to enter into an exclusive arrangement. Both parties remain free to engage with other businesses, contractors, or service providers.
- Independent Contractor: Our company operates as an independent contractor and shall determine how project work is performed. Nothing within the agreement shall create an employment relationship, partnership, or joint venture. Neither party may act on behalf of the other except where expressly agreed. Work completed by our company shall not be considered “work for hire” under applicable copyright law.
Liability
All services are provided on an “as is” basis. Our company shall not be liable for losses, damages, or claims arising from the use of our services. Any liability shall be limited to the amount paid by the client under the agreement.
Rights for Work Produced
License: The client is granted a perpetual, worldwide, non-exclusive license to use the deliverables in the form originally agreed. The client may not modify, extract, or create derivative works from the deliverables without prior approval from our company.
Support Services
Warranty Periods: Our company may provide reasonable support necessary to maintain, update, or correct deliverables. Such support shall be billed at standard hourly rates unless otherwise agreed. Any warranty shall become invalid if deliverables are modified or interfered with by another party, and our company shall have no further responsibility regarding such work.
Our company reserves the right to amend these Terms and Conditions at any time. Continued use of our website or services shall constitute acceptance of any revised version.