Please read these Terms and Conditions carefully before using the services provided by our website development company. By accessing or using our services, you agree to be bound by these Terms and Conditions.
Definitions
“Company,” “we,” “us,” or “our” refers to the website development company.
“Client” refers to the individual, company, or organization using our services.
“Website” refers to the client’s website or any other digital product or service developed by us.
Scope of Services
2.1 Website Development: We provide website development services, including designing, coding, and deploying websites or web applications according to the client’s specifications.
2.2 Additional Services: We may offer additional services such as website maintenance, content updates, hosting, search engine optimization (SEO), and digital marketing. These services may be subject to separate agreements and fees.
Client Obligations
3.1 Requirements and Materials: The client shall provide all necessary materials, including content, images, logos, and any other assets required for the development of the website. The client is responsible for ensuring that all materials provided do not infringe upon any intellectual property rights.
3.2 Timely Response: The client agrees to respond promptly to any requests for information, feedback, or approvals necessary for the progress of the website development. Delays in response may impact the project timeline and may incur additional charges.
3.3 Content Responsibility: The client is solely responsible for the accuracy, legality, and compliance of all content provided for the website. The client shall indemnify and hold us harmless from any claims arising from the use of such content.
Development Process
4.1 Proposal and Agreement: We will provide a detailed proposal outlining the scope of work, timelines, and fees. The client must review and sign the agreement or provide written acceptance before the project commences.
4.2 Project Timeline: We will make reasonable efforts to complete the project within the agreed-upon timeline. However, delays may occur due to factors beyond our control. We shall not be liable for any damages or losses resulting from such delays.
4.3 Revisions and Change Requests: The client may request reasonable revisions or changes to the website during the development process. We will make every effort to accommodate such requests, but additional fees may apply for significant changes outside the original scope.
4.4 Testing and Acceptance: We will conduct thorough testing of the website to ensure functionality and compatibility across different platforms and devices. The client shall review and provide written acceptance of the completed work. Once accepted, any further changes may incur additional charges.
Fees and Payment
5.1 Fees: The client agrees to pay the fees outlined in the proposal or agreement for the services provided. Additional services requested by the client may incur extra charges.
5.2 Payment Terms: Unless otherwise stated, a deposit or partial payment is required before the project commences. The remaining balance shall be paid upon completion and acceptance of the work. Failure to make timely payments may result in project delays or termination.
5.3 Late Payments: In the event of late payment, we may suspend work, impose late payment fees, or charge interest on the outstanding balance.
Intellectual Property
6.1 Ownership: Upon full payment, the client owns the intellectual property rights to the website, excluding any third-party software or components.
6.2 License: We grant the client a non-exclusive, non-transferable license to use the website and its associated files for the intended purpose. The client may not sell, distribute, or modify the website without our written consent.
Confidentiality
7.1 Confidential Information: Both parties agree to treat all non-public information exchanged during the course of the project as confidential. This includes, but is not limited to, project details, business strategies, trade secrets, and any proprietary or sensitive information.
7.2 Non-Disclosure Agreement: If required, we may enter into a separate Non-Disclosure Agreement (NDA) to protect the confidentiality of specific information shared between the parties.
Warranty and Limitation of Liability
8.1 Warranty: We warrant that the website will be developed with reasonable skill and care, conforming to industry standards. However, we do not guarantee that the website will be error-free or uninterrupted. Any warranty provided is subject to the client’s compliance with their obligations under these Terms and Conditions.
8.2 Limitation of Liability: In no event shall we be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use or inability to use the website or our services. Our total liability under any circumstances shall not exceed the fees paid by the client for the specific project.
Termination
9.1 Termination by Client: The client may terminate the project at any time by providing written notice. In such cases, the client shall be responsible for paying for the work completed up to the termination date.
9.2 Termination by Company: We reserve the right to terminate the project if the client breaches any obligations or fails to make timely payments. In such cases, the client shall be responsible for payment for the work completed up to the termination date, as well as any additional costs incurred due to the termination.
Governing Law and Dispute Resolution
10.1 Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles.
10.2 Dispute Resolution: Any disputes or claims arising out of or relating to these Terms and Conditions or the services provided shall be resolved through good-faith negotiations between the parties. If a resolution cannot be reached, the parties agree to submit the dispute to binding arbitration in accordance with the rules of [Arbitration Association]. The arbitration shall take place in [Jurisdiction], and the language of the arbitration shall be [Language].
Third-Party Services and Materials
12.1 Third-Party Services: We may utilize third-party services, tools, or plugins during the website development process. The client acknowledges that these third-party services are subject to their own terms and conditions, and we shall not be held liable for any issues or damages arising from the use of such services.
12.2 Third-Party Materials: If the client requests the integration of third-party materials, such as stock images, fonts, or software, the client shall comply with the terms and licenses associated with those materials. The client agrees to indemnify us against any claims, damages, or losses arising from the use of third-party materials.
Maintenance and Support
13.1 Maintenance Services: We may offer ongoing website maintenance and support services beyond the initial development phase. These services may include regular backups, security updates, bug fixes, and technical support. The terms, fees, and scope of these services will be outlined in a separate agreement if applicable.
13.2 Service Level Agreement (SLA): If maintenance services are provided, we may offer an SLA that specifies the level of service, response times, and support availability. The SLA terms will be provided separately and will govern the maintenance and support services.
Privacy and Data Protection
14.1 Privacy Policy: We are committed to protecting the privacy and confidentiality of client information. We may collect and process personal data as described in our Privacy Policy, which is available on our website. The client agrees to review and comply with our Privacy Policy.
14.2 Data Ownership: The client retains ownership of any data or personal information collected through the website. We will not use or disclose such data for any purpose other than fulfilling the agreed-upon services unless required by law.
14.3 Data Security: While we take reasonable measures to secure the website and client data, we cannot guarantee absolute security. The client acknowledges and accepts the risks associated with data transmission over the internet and releases us from any liability arising from unauthorized access or use of data.
Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations under these Terms and Conditions if such failure or delay is caused by circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, wars, strikes, or governmental restrictions (“Force Majeure Event”). The affected party shall promptly notify the other party of the Force Majeure Event and make reasonable efforts to mitigate its impact.
Amendments
We reserve the right to amend these Terms and Conditions at any time. Any amendments will be effective immediately upon posting on our website. It is the client’s responsibility to regularly review these Terms and Conditions.
By using our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree to any provisions of these Terms and Conditions, please refrain from using our services.