Terms and Conditions

Definitions

  • Agreement: The contract, proposal, terms and conditions, together with any related documentation attached to the agreement between the client and our company.
  • Client Content: Any materials supplied by the client for use within the project, including written materials, graphics, images, files, or similar content.
  • Deliverables: The work, services, and materials that our company is required to provide under the agreed contract.
  • Development Tools: Any software, source code, applications, frameworks, fonts, authoring tools, systems, inventions, or other resources created or used by our company, whether protected by intellectual property rights or not. This also includes layouts, navigation structures, website architecture, and functional elements.
  • Final Deliverables: The completed version of all deliverables provided by our company to the client.
  • Project: The work and services to be completed according to the agreement between the client and our company.
  • Services: All services supplied by our company in accordance with the proposal and agreement.
  • Third-Party Materials: Any externally sourced materials included in the project, such as stock images, illustrations, plugins, or similar third-party content.

Development Services

Our company shall provide development services as outlined within the approved proposal and agreement according to the agreed project milestones.

Proposal / Scope of Work

All proposals remain valid for 30 days from the date received by the client. If the proposal is not accepted within this period, our company reserves the right to review, revise, or amend the proposal before resubmitting it for approval.

Compensation

  • Additional Costs: Third-party costs such as hosting services, software licenses, plugins, or related expenses shall be billed separately from development fees.
  • Expenses: All project-related expenses shall be charged to the client at cost.
  • Fees: The client agrees to pay all applicable fees and taxes according to the agreed project plan.

Payment

  • Invoices: Payment shall be made within 5 days after receipt of an invoice. Any additional expenses or charges shall be listed separately where applicable.
  • Payment Schedule: All payments shall follow the agreed project milestones and payment structure.

Changes to Project Scope

  • Change Requests: Any requested changes to the project scope must be submitted by the client in writing with complete details. Our company shall respond within 5 working days outlining any additional fees, timeline adjustments, or updates to the project plan.
  • Minor Changes: Changes considered minor in nature or valued below 20% of the total project cost shall be billed at standard hourly rates. Any resulting adjustments to delivery schedules shall be communicated accordingly. Additional costs shall not be restricted by previously agreed pricing limits.
  • Major Changes: Changes exceeding 20% of the overall project value or considered substantial by our company shall require a revised or separate proposal. Additional work shall not begin until the updated proposal has been approved and signed.
  • Acceptance of Proposals: The client shall approve any proposal within 14 working days. If approval is not received within this timeframe, our company shall not be obligated to continue with additional work.

Delays

  • Client Delays: The client shall provide approvals, requested materials, information, and project requirements within a reasonable timeframe. Delays caused by the client may result in corresponding extensions to future milestones.
  • Delays by Our Company: If delays occur due to issues related to our company, the client shall be informed promptly by email.
  • External Delays: Delays resulting from circumstances beyond the reasonable control of either party shall not be considered a breach of contract. Such events include, but are not limited to, labor disputes, government actions, fire, flooding, terrorism, natural disasters, or war. Project deadlines may be extended accordingly.

Evaluation and Acceptance

  • Testing: Our company shall use commercially reasonable and industry-standard testing procedures before submitting deliverables to the client.
  • Approval Periods: The client shall have 7 working days to approve or reject submitted deliverables. Any rejection must include detailed written reasons. Our company shall then have 14 working days to correct the identified issues. Following resubmission, the client shall have an additional 7 working days to review the updated deliverables.

Client Responsibilities

The client shall act reasonably and in a timely manner throughout the project, especially regarding the following responsibilities:

  • Ensuring that all supplied content is compatible with the deliverables unless otherwise agreed.
  • Ensuring that all submitted materials have been reviewed and proofread before submission. Additional corrections may result in extra charges.
  • Making timely decisions regarding third-party providers, services, or integrations.

Accreditation and Promotion

  • Accreditation: Our company reserves the right to include an accreditation hyperlink on project pages unless otherwise agreed within the initial proposal.
  • Promotion: For portfolio, advertising, recognition, or professional promotion purposes, our company may display deliverables within portfolios, websites, galleries, or other media.
  • Promotional Approval: Neither party shall unreasonably refuse permission to reference their involvement within a project. Links to the other party’s website may be included where appropriate.

Confidential Information

Any information identified as confidential by either party, whether protected by copyright, patent, or otherwise, shall be treated as confidential by both parties. Confidential information shall not be disclosed to third parties without permission. Information shall not be considered confidential if already known by the receiving party or obtained from an unrestricted third-party source.

Relationships

  • Agents: If our company uses third-party contractors to provide agreed services, our company shall remain fully responsible for the affected deliverables.
  • Exclusivity: Neither party is required to enter into exclusive cooperation. Both parties remain free to work with other companies or service providers.
  • Independent Contractor: Our company acts as an independent contractor and shall determine how project deliverables are completed. Nothing within the agreement shall create an employment relationship, partnership, or joint venture between the parties. Neither party shall have authority to act on behalf of the other except where explicitly agreed. Work completed by our company shall not be considered “work for hire” under copyright law.

Liability

Our company shall not be liable for any damages, losses, or claims incurred by the client. All services are provided on an “as is” basis. Any liability of our company shall be limited to the amount paid by the client for the provided services.

Rights for Work Produced

License: The client receives a non-exclusive, perpetual, worldwide license to use the deliverables in their originally agreed form. The client may not modify, extract portions from, or create derivative works based on the deliverables without prior written permission from our company.

Support Services

Warranty Periods: Our company may provide commercially 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 void if another party edits, modifies, or interferes with the deliverables, and our company shall not accept further responsibility in such cases.

Our company reserves the right to revise or update these Terms and Conditions at any time. Continued use of the website or services shall constitute acceptance of any revised terms.