TERMS AND CONDITIONS

Definitions

Agreement: The proposal, contract, terms and conditions, together with any schedules, appendices, and supporting documentation agreed between the client and our company.

Client Content: Any materials, information, files, graphics, text, images, documentation, or other content supplied by the client for inclusion in the project.

Deliverables: The work products, services, and materials that our company agrees to provide under the terms of the agreement.

Company Intellectual Property: Any software, source code, frameworks, applications, systems, methodologies, utilities, templates, inventions, fonts, technical assets, and other resources created, owned, or used by our company. This includes layouts, navigation systems, website structures, architecture, and functional elements.

Final Deliverables: The completed and approved deliverables supplied to the client at the conclusion of the project.

Project: The services and work to be carried out under the agreement between the client and our company.

Services: All services provided by our company as outlined in the proposal and contractual documentation.

Third-Party Materials: Any externally sourced resources used within the project, including stock images, illustrations, plugins, software licenses, or similar materials.

Development Services

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

Proposal / Scope of Work

Any proposal issued by our company shall remain valid for 30 days from the date it is delivered to the client. If acceptance is not received during this period, our company reserves the right to review, revise, or replace the proposal before resubmitting it.

Compensation

Additional Costs: Third-party expenses, including hosting fees, software subscriptions, licenses, plugins, or similar services, shall be billed separately from project fees.

Expenses: Reasonable expenses incurred while delivering the services shall be charged to the client at cost.

Fees: The client shall pay all agreed fees and applicable taxes according to the approved project plan.

Payment

Invoices: All invoices shall be due within 5 days of receipt. Additional costs and expenses shall be identified separately where applicable.

Payment Schedule: Payments shall follow the schedule and milestones specified within the agreement.

Changes to Project Scope

Change Requests: Any request to modify the agreed scope of work must be submitted by the client in written form. Within 5 working days, our company shall provide details regarding the impact of the requested change on project costs, timelines, resources, or deliverables.

Minor Changes: Adjustments representing less than 20% of the total project value, or otherwise classified as minor, shall be billed using standard hourly rates. Any resulting schedule changes shall be communicated to the client. Additional charges arising from such changes shall not be limited by previously provided estimates.

Major Changes: Changes exceeding 20% of the project budget, or substantially altering the original requirements, shall require a revised proposal. Work associated with such changes shall not begin until the revised proposal has been approved.

Acceptance of Proposals: The client shall review and approve any revised proposal within 14 working days. Failure to do so may relieve our company of any obligation to proceed with the proposed work.

Delays

Client Delays: The client shall provide approvals, materials, information, and other project inputs within reasonable timeframes. Delays caused by the client may result in equivalent extensions to project deadlines and milestones.

Delays by Our Company: If circumstances within our control affect project delivery schedules, the client shall be informed promptly via email.

External Delays: Neither party shall be considered in breach of the agreement where delays arise from circumstances beyond reasonable control. Such events include labor disputes, governmental actions, acts of terrorism, natural disasters, flooding, fire, war, or similar occurrences. Project schedules may be adjusted accordingly.

Evaluation and Acceptance

Testing: Before submission, deliverables shall undergo testing procedures considered commercially reasonable and appropriate for the nature of the project.

Approval Periods: Following delivery, the client shall have 7 working days to review the submitted work. Any rejection must be supported by written details describing the issues identified. Our company shall then have 14 working days to address those issues. Updated deliverables shall be subject to an additional 7-working-day review period.

Client Responsibilities

The client agrees to:

  • Supply content and materials suitable for use within the project unless otherwise agreed.
  • Review and proofread all submitted materials before delivery.
  • Make timely decisions regarding third-party providers, software, integrations, or services relevant to the project.

Accreditation and Promotion

Accreditation: Unless otherwise agreed in writing, our company may include an accreditation hyperlink within completed project deliverables.

Promotion: Our company may reference completed projects within portfolios, case studies, presentations, marketing materials, websites, or similar resources for business and professional purposes.

Promotional Approval: Neither party shall unreasonably refuse permission for the other party to reference their involvement in a completed project. Such references may include website links where appropriate.

Confidential Information

Any information identified as confidential by one party shall be treated as confidential by the other party and shall not be disclosed to outside parties without authorization. This obligation shall not apply to information already known by the receiving party or lawfully obtained from an unrestricted source.

Relationships

Agents: Where third-party contractors assist in the provision of services, our company shall remain responsible for the affected deliverables.

Exclusivity: Nothing within the agreement requires either party to maintain an exclusive business relationship. Both parties remain free to work with other clients, contractors, companies, or service providers.

Independent Contractor: Our company operates as an independent contractor and retains control over how services are delivered. Nothing within the agreement creates an employment relationship, partnership, agency relationship, or joint venture. Work completed by our company shall not be considered “work for hire” under applicable copyright legislation.

Liability

Unless otherwise expressly stated, services are provided on an “as is” basis. Our company shall not be liable for losses, damages, claims, or expenses arising from the use of its services. Any liability shall be limited to the total amount paid by the client under the relevant agreement.

Rights for Work Produced

License: Upon receipt of full payment, the client shall receive a perpetual, worldwide, non-exclusive license to use the deliverables in their approved form. Deliverables may not be modified, extracted, redistributed, or used to create derivative works without prior written permission from our company.

Support Services

Warranty Periods: Where reasonably required, our company may provide maintenance, correction, or update services relating to deliverables. Unless otherwise agreed, such services shall be billed at standard hourly rates. Any warranty shall cease to apply if deliverables are altered, edited, or otherwise modified by a third party.

Our company reserves the right to amend these Terms and Conditions at any time. Continued use of the website or services after updated terms have been published shall constitute acceptance of the revised version.