Term & condition
The terms cover the purpose of the agreement, user obligations, intellectual property rights, and how user data is handled and protected.
Terms and Conditions
Last Updated: [01-09-2024]
These Terms and Conditions (“Agreement”) govern the use of services and the website provided by [Shop Web Development] (“Company,” “we,” “us,” or “our”). By accessing or using our website or engaging in our services, you (“Client,” “you,” or “your”) agree to comply with and be bound by this Agreement. If you do not agree to these terms, please refrain from using our services.
1. Introduction
At [Your Company Name], we specialize in providing professional web development, design, and digital marketing solutions. Our goal is to create websites that meet your business needs today and evolve with your company’s growth. This Agreement outlines the terms and conditions for using our services and your obligations as a Client. Please read them carefully.
2. Client Responsibilities
As a Client, you agree to the following responsibilities:
- Provision of Content: You are responsible for providing all necessary materials for the development of your website, including but not limited to text, images, videos, logos, and brand guidelines. You must ensure that all content is either owned by you or properly licensed for use.
- Timely Communication: You agree to respond promptly to any inquiries, requests, or approvals needed from our team. Delays in communication may impact the project timeline.
- Testing and Approval: Once the development of the website is complete, you are responsible for thoroughly reviewing the work, providing timely feedback, and giving approval before the website goes live.
- Compliance with Laws: You ensure that the website and content comply with all applicable laws, including copyright, trademark, privacy, and data protection regulations.
3. Payment Terms
- Payment Schedule: Payment terms will be outlined in the project proposal or contract. Typically, payments will consist of an initial deposit before the project begins, followed by milestone payments, with the final balance due upon completion and approval of the project.
- Late Payments: Invoices must be paid within the period specified in the contract. If payment is not made by the due date, we reserve the right to suspend work or withhold deliverables until payment is received. Late payments may incur additional charges or interest, as outlined in the contract.
- Refunds: Refunds are only applicable for services not yet rendered or if the work completed does not meet the agreed-upon scope of services. Refund requests will be assessed on a case-by-case basis.
- Additional Costs: If the project scope changes or additional work is requested beyond the original agreement, additional fees will apply. We will notify you of any changes to the scope, and new terms will be agreed upon before proceeding with extra work.
4. Intellectual Property
- Ownership of Deliverables: Upon receiving full payment for services rendered, you will own the final deliverables, including the website design, code, and any content developed specifically for your website.
- Retained Rights: Until payment is made in full, we retain all intellectual property rights to the work created during the project, including designs, code, and other proprietary materials.
- License to Use: After full payment, you are granted a non-exclusive, perpetual license to use the website and associated materials for business purposes. You may not redistribute, resell, or claim ownership of the intellectual property created by us without prior written permission.
- Third-Party Software: Any third-party software or plugins integrated into your website are subject to the licensing terms of the third-party provider. You are responsible for obtaining the appropriate licenses for such software.
5. Privacy and Data Protection
- Data Collection: During the course of our services, we may collect personal information, including your name, email address, phone number, and payment details. We will only collect personal data necessary for performing our services.
- Data Use: The information we collect will only be used for the purpose of delivering services, responding to inquiries, or improving our offerings. We will never sell or share your data with third parties without your explicit consent unless required by law.
- Security: We implement reasonable measures to protect your data from unauthorized access, loss, or theft. However, we cannot guarantee the absolute security of any information transmitted over the internet.
6. Website Hosting and Maintenance
- Hosting Services: Hosting is not included in the basic web development package. However, we can recommend reliable hosting providers or set up hosting on your behalf for an additional fee.
- Maintenance: Ongoing website maintenance services, including software updates, security patches, and troubleshooting, are available for an additional fee. A separate maintenance agreement will outline the terms and costs of such services.
- Performance: We do not guarantee that the website will be error-free after the launch, but we will work with you to resolve any issues that arise promptly. We are not responsible for issues caused by third-party hosting providers or external software integrations.
7. Limitation of Liability
- General Disclaimer: While we take all reasonable precautions to ensure the accuracy and functionality of the website, we are not liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the website, including loss of revenue, data, or business opportunities.
- Third-Party Services: We are not responsible for any issues caused by third-party services such as hosting, domain registration, or payment processors. The Client should ensure that all third-party services are properly configured and maintained.
- Client Review: It is the Client’s responsibility to review and approve the website design and functionality before launch. Once the website is live, we are not liable for any errors or omissions that were approved by the Client.
8. Termination of Agreement
- Termination by Client: The Client may terminate the Agreement at any time by providing written notice. If the Client terminates the project, they are responsible for paying for all work completed up until the point of termination.
- Termination by [Your Company Name]: We reserve the right to terminate the Agreement if the Client fails to meet their obligations, including late payments or failure to provide necessary materials. In such cases, the Client will be invoiced for work completed up to the termination point.
- Consequences of Termination: Upon termination, any completed work, including designs and code, will be handed over to the Client, but the Client will remain responsible for payment for services rendered up until termination.
9. Governing Law and Dispute Resolution
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Your Country/State], without regard to its conflict of law principles.
- Dispute Resolution: Any disputes arising from this Agreement will be resolved through good faith negotiations. If a resolution cannot be reached, the dispute will be submitted to binding arbitration under the rules of [Arbitration Body], held in [Location].
10. Changes to Terms
We reserve the right to amend or modify these Terms and Conditions at any time. Any changes will be posted on our website, and such changes will be effective immediately upon publication. It is the Client’s responsibility to review these terms periodically.
By engaging with our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
This comprehensive Terms and Conditions document covers all the key aspects of your web development business, including payment, intellectual property, privacy, and more. For full legal accuracy and protection, consider having a legal professional review this document to ensure compliance with applicable laws and industry best practices.