Terms of Service

By accessing our website, submitting a project inquiry, or engaging our services in any capacity, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy and any other policies referenced herein.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use our Services.

1.1 Eligibility

To use our Services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be prohibited from receiving services under applicable laws
• Provide accurate and complete information when requested

We provide professional web development, mobile application development, UI/UX design, and related digital services. The specific scope, deliverables, timeline, and pricing for each project will be outlined in a separate Project Proposal or Statement of Work (SOW).

2.1 Services We Offer

2.2 Project Process

1. Discovery: Initial consultation to understand your requirements and goals
2. Proposal: Detailed project proposal including scope, timeline, and pricing
3. Agreement: Contract signing and initial payment
4. Design & Development: Project execution with regular updates
5. Review & Revisions: Client feedback and revisions as per agreement
6. Delivery: Final delivery and project handover
7. Support: Post-launch support as specified in the agreement

To ensure successful project delivery, clients are required to fulfill certain obligations. Failure to meet these obligations may result in project delays or additional charges.

3.1 Client Responsibilities

• Content & Materials: Provide all necessary content, images, logos, and materials in a timely manner
• Timely Feedback: Review deliverables and provide feedback within agreed timeframes (typically 5 business days)
• Access & Credentials: Provide necessary access to hosting, domains, and third-party services
• Decision Making: Designate a single point of contact authorized to make project decisions
• Accurate Information: Provide accurate and complete project requirements and specifications
• Legal Compliance: Ensure all provided content complies with applicable laws and regulations
• Payment: Make payments according to the agreed schedule

3.2 Delays Due to Client

If project delays occur due to late feedback, missing content, or other client-related issues, we reserve the right to:

• Adjust the project timeline accordingly
• Charge additional fees for extended project duration
• Suspend work until the necessary materials are provided
• Invoice for work completed up to the point of delay

Our payment terms are designed to be fair and transparent. All fees and payment schedules will be clearly outlined in your project proposal before work begins.

4.1 Late Payments

If payment is not received by the due date:

• A late fee of 1.5% per month may be applied to outstanding balances
• Work on the project may be suspended until payment is received
• Access to delivered work may be restricted
• We reserve the right to pursue legal action for recovery of unpaid amounts

4.2 Refund Policy

Due to the nature of custom creative and development work:

• Deposits are non-refundable once work has commenced
• Refunds for work completed are not available
• If a project is cancelled by the client, payment is due for all work completed up to that point
• In case of our inability to complete a project, unused portions of payments will be refunded

Clear ownership of intellectual property is essential for both parties. This section outlines the rights and ownership of materials created during our engagement.

5.1 Client-Provided Materials

You retain all rights to materials you provide to us, including logos, text, images, and other content. You grant us a limited license to use these materials solely for the purpose of providing our Services.

5.2 Deliverables Ownership

Upon receipt of final payment in full:

• Custom Code: Ownership of custom code created specifically for your project transfers to you
• Design Files: Ownership of final design files and assets created for your project transfers to you
• Third-Party Components: Third-party libraries, frameworks, and plugins remain subject to their respective licenses

5.3 Our Reserved Rights

We retain the right to:

• Display the work in our portfolio and marketing materials
• Reuse general techniques, ideas, and methodologies developed during the project
• Use anonymized project data for case studies and internal improvements
• Retain copies of work for archival and portfolio purposes

We understand the importance of protecting your business information. Both parties agree to maintain the confidentiality of sensitive information shared during the project.

6.1 Confidential Information

Confidential information includes, but is not limited to:

• Business plans, strategies, and proprietary processes
• Customer data and contact information
• Financial information and pricing strategies
• Technical specifications and trade secrets
• Any information marked as "confidential" or "proprietary"

6.2 Obligations

Both parties agree to:

• Use confidential information only for the purpose of the project
• Not disclose confidential information to third parties without written consent
• Take reasonable measures to protect confidential information
• Return or destroy confidential information upon project completion if requested

6.3 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Was already known to the receiving party before disclosure
• Is independently developed without use of confidential information
• Is required to be disclosed by law or legal process

We stand behind the quality of our work and provide certain warranties while also clearly defining the limitations of our services.

7.1 Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• Deliverables will substantially conform to agreed specifications
• We have the right and authority to provide the Services
• Custom code will be free from known material defects at delivery

7.2 Support Period

We provide 30 days of free support after project launch to address any bugs or issues related to the delivered work. This support includes:

• Bug fixes related to code we developed
• Minor adjustments and corrections
• Technical support via email

7.3 Disclaimers

We do not warrant or guarantee:

• Specific business outcomes, revenue, or traffic increases
• Compatibility with future third-party updates or changes
• Uninterrupted or error-free operation in all environments
• Security against all potential vulnerabilities or attacks

To the maximum extent permitted by applicable law, our liability is limited as described below. These limitations are essential to providing our services at reasonable prices.

8.1 Exclusions

We are not liable for damages arising from:

• Client's failure to maintain proper backups
• Unauthorized modifications to delivered work
• Third-party services, hosting, or software failures
• Client's violation of applicable laws or regulations
• Security breaches resulting from client's actions or inaction

8.2 Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, and expenses (including legal fees) arising from your use of our deliverables, your violation of these Terms, or your violation of any third-party rights.

Either party may terminate a project or engagement under the following circumstances:

9.1 Termination by Client

You may terminate a project at any time by providing written notice. Upon termination:

• Payment is due for all work completed up to the termination date
• Any deposits or milestone payments made are non-refundable
• We will provide completed work upon receipt of outstanding payments
• Incomplete work and source files may be withheld until payment is received

9.2 Termination by Us

We reserve the right to terminate a project if:

• Payment is not received within 30 days of the due date
• Client fails to provide necessary materials or feedback for 30 days
• Client requests work that violates laws or our ethical standards
• Client engages in abusive or harassing behavior
• Continuing the project would be impractical or impossible

9.3 Effect of Termination

Upon termination:

• All licenses granted under these Terms terminate
• Confidentiality obligations survive termination
• Outstanding payment obligations remain in effect
• We will return or destroy client confidential information upon request

We reserve the right to refuse service for projects that involve illegal, unethical, or harmful activities. The following uses of our services are strictly prohibited:

We believe in resolving disputes amicably and efficiently. In the event of any disagreement arising from these Terms or our Services, we will follow the process outlined below.

11.1 Informal Resolution

Before initiating formal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation. Please contact us at legal@gagandeep.dev to discuss any concerns.

11.2 Mediation

If informal resolution is unsuccessful, both parties agree to participate in mediation before a mutually agreed-upon mediator before pursuing arbitration or litigation.

11.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

11.4 Jurisdiction

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in New York, New York, and you consent to the personal jurisdiction of such courts.

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Effective Date" at the top of these Terms
• Post the updated Terms on our website
• Notify existing clients of material changes via email

Your continued use of our Services after the updated Terms become effective constitutes your acceptance of the changes. If you do not agree to the updated Terms, you should discontinue use of our Services.

If you have any questions about these Terms of Service, or if you would like to discuss a potential project, please contact us:

Mailing Address:
Gagandeep Singh
123 Tech Street, Suite 100
New York, NY 10001
United States