Terms of Service
Last updated: January 2025
1. Agreement to Terms
Welcome to Developer Services. These Terms of Service ("Terms") govern your access to and use of our website, services, and applications (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use our Services. We reserve the right to update or modify these Terms at any time without prior notice.
2. Description of Services
Developer Services provides custom software development services, including but not limited to:
- AI implementation and automation solutions
- Custom ERP system development and support
- Custom CRM system development and support
- Website development and support
- E-commerce development and support
- Custom software development
The specific scope, deliverables, timeline, and pricing for each project will be outlined in a separate project agreement or statement of work.
3. User Responsibilities
When using our Services, you agree to:
- Provide accurate, current, and complete information
- Maintain the confidentiality of any account credentials
- Notify us immediately of any unauthorized use of your account
- Use our Services only for lawful purposes
- Not interfere with or disrupt the Services or servers
- Not attempt to gain unauthorized access to any part of the Services
- Comply with all applicable laws and regulations
4. Project Engagement and Deliverables
4.1 Project Proposals
All projects begin with an initial consultation and proposal. The proposal will outline the project scope, deliverables, timeline, and costs. Work will not commence until both parties have signed a project agreement.
4.2 Client Responsibilities
Clients are responsible for:
- Providing timely feedback and approvals
- Supplying necessary content, materials, and access
- Designating a primary point of contact
- Making timely payments according to the agreed schedule
4.3 Timeline and Delays
Project timelines are estimates and may be affected by factors including client delays in providing feedback or materials, scope changes, or unforeseen technical challenges. We will communicate any anticipated delays promptly.
5. Payment Terms
5.1 Fees and Pricing
All fees and pricing will be outlined in the project agreement. Unless otherwise specified, prices are in USD and exclude applicable taxes.
5.2 Payment Schedule
Payment schedules will be defined in the project agreement and may include:
- Upfront deposit (typically 30-50% of project cost)
- Milestone-based payments
- Final payment upon project completion
5.3 Late Payments
Invoices are due within the timeframe specified in the project agreement. Late payments may result in:
- Suspension of work until payment is received
- Late fees as specified in the project agreement
- Termination of the project agreement
5.4 Refunds
Refund policies will be outlined in the project agreement. Generally, deposits are non-refundable, and refunds for completed work will not be provided.
6. Intellectual Property Rights
6.1 Client-Owned Materials
Clients retain all rights to materials, content, and intellectual property they provide to us.
6.2 Deliverables
Upon full payment, clients will own the final deliverables as specified in the project agreement. This typically includes custom code and designs created specifically for the client.
6.3 Developer Services Property
We retain ownership of:
- Our proprietary frameworks, tools, and methodologies
- Pre-existing code libraries and components
- General knowledge and techniques developed during projects
6.4 Third-Party Components
Projects may incorporate third-party software, libraries, or components subject to their respective licenses. Clients are responsible for complying with these licenses.
7. Confidentiality
We respect the confidentiality of client information and will not disclose confidential information without permission, except as required by law. Upon request, we will execute a separate Non-Disclosure Agreement (NDA).
We reserve the right to use completed projects as portfolio examples unless otherwise agreed in writing.
8. Warranties and Disclaimers
8.1 Service Warranty
We warrant that services will be performed in a professional and workmanlike manner in accordance with industry standards. Specific warranties for deliverables will be outlined in the project agreement.
8.2 Disclaimers
EXCEPT AS EXPRESSLY PROVIDED IN THE PROJECT AGREEMENT, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that our Services will be uninterrupted, error-free, or completely secure.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEVELOPER SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
Our total liability for any claims arising from or related to our Services shall not exceed the total amount paid by the client for the specific project giving rise to the claim.
10. Support and Maintenance
Post-launch support and maintenance services are available and will be outlined in a separate support agreement. Unless otherwise specified, completed projects do not include ongoing support or maintenance.
Bug fixes for issues directly resulting from our work may be provided for a limited warranty period as specified in the project agreement.
11. Termination
11.1 Termination by Client
Clients may terminate a project at any time with written notice. Upon termination, the client is responsible for payment of all work completed to date, plus any termination fees specified in the project agreement.
11.2 Termination by Developer Services
We may terminate a project if:
- The client fails to make timely payments
- The client breaches these Terms or the project agreement
- The client fails to provide necessary materials or feedback
- Continuing the project would be illegal or unethical
11.3 Effect of Termination
Upon termination, the client will receive work completed to date upon payment of all outstanding fees. Termination does not relieve the client of payment obligations for work already performed.
12. Indemnification
You agree to indemnify and hold harmless Developer Services and its employees, contractors, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of our Services, your violation of these Terms, or your violation of any rights of another party.
13. Dispute Resolution
In the event of any dispute arising from these Terms or our Services, both parties agree to first attempt to resolve the dispute through good faith negotiations.
If the dispute cannot be resolved through negotiation, both parties agree to submit to mediation before pursuing litigation or arbitration.
14. Governing Law
These Terms shall be governed by and construed in accordance with applicable international commercial law and the laws of the jurisdiction specified in the project agreement. Any disputes shall be subject to the jurisdiction of courts in that location.
15. General Provisions
15.1 Entire Agreement
These Terms, together with any project agreement and other incorporated documents, constitute the entire agreement between you and Developer Services regarding our Services.
15.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
15.3 Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
16. Contact Us
If you have any questions about these Terms of Service, please contact us:
Email: [email protected]
Website: developer-services.com