Terms and Conditions

1. Introduction

These Terms and Conditions ("Agreement") govern the provision of web development and design services ("Services") by AB Dev N Design ("Company") to the client ("Client"). By engaging the Company's services, the Client acknowledges that they have read, understood, and agree to be bound by this Agreement.

2. Services

2.1. The Company agrees to provide the Services as detailed in the project proposal or statement of work ("Project Documentation").

2.2. Services may include, but are not limited to:

• Website design and development
• User interface (UI) and user experience (UX) design
• Website maintenance and updates
• Custom web application development
• Mobile-responsive design implementation
• Search engine optimization (SEO) setup

2.3. Any additional services not specified in the Project Documentation will require a separate agreement.

3. Fees and Payment

3.1. Project Fees

• The Client agrees to pay the fees specified in the Project Documentation
• A deposit of 50% of the total project fee is required before work begins
• The remaining balance is due upon project completion
• All fees are quoted in USD unless otherwise specified

3.2. Payment Terms

• Invoices must be paid within 14 days of receipt
• Late payments will incur a 1.5% monthly interest charge
• Work may be suspended on overdue accounts until payment is received

3.3. Additional Costs

• Third-party services (domains, hosting, plugins) are billed separately
• Rush fees may apply for expedited work
• Travel expenses, if required, will be billed at cost

4. Project Timeline and Revisions

4.1. Timeline

• Project timelines will be outlined in the Project Documentation
• Delays caused by the Client may affect the final delivery date
• The Company is not responsible for delays beyond its reasonable control

4.2. Revisions

• The Client is entitled to three (3) rounds of revisions per design phase
• Additional revisions will be billed at $85 per hour
• Major changes to the project scope may require a new proposal

5. Intellectual Property Rights

5.1. Ownership

• Upon full payment, the Client owns all rights to the final deliverables
• The Company retains ownership of all preliminary designs and concepts
• The Client warrants that any materials provided do not infringe on third-party rights

5.2. Portfolio Rights

• The Company reserves the right to display the completed work in its portfolio
• The Company may include a discrete credit link on the website
• The Client's name may be used in the Company's client list

6. Confidentiality

Both parties agree to:

• Maintain the confidentiality of all proprietary information
• Use confidential information solely for project purposes
• Implement reasonable security measures to protect confidential information
• Return or destroy confidential information upon request

7. Termination

7.1. Termination Rights

• Either party may terminate this Agreement with 30 days' written notice
• Immediate termination is permitted in case of material breach
• The Client remains liable for all work completed through the termination date

7.2. Post-Termination

• All unpaid fees become immediately due
• The Company will transfer all completed work to the Client
• Confidentiality obligations survive termination

8. Limitation of Liability

8.1. Company Liability Limits

The Company's liability shall be limited to:

• The total amount paid by the Client for the Services
• Direct damages only; no indirect or consequential damages
• Issues directly attributable to the Company's negligence

8.2. Exclusions

The Company is not liable for:

• Third-party service disruptions
• Content errors or omissions approved by the Client
• Security breaches beyond reasonable control

9. Governing Law and Jurisdiction

9.1. This Agreement is governed by the laws of the State of California.

9.2. Any disputes shall be resolved through:

• Initial good faith negotiation
• Mediation in San Francisco, California
• Binding arbitration if mediation fails

10. Amendments and Notices

10.1. Amendments

• All amendments must be in writing
• Both parties must sign any modifications
• Email confirmation is acceptable for minor changes

10.2. Notices

• All notices must be in writing
• Delivery by email is considered valid notice
• Receipt confirmation is required for critical notices

11. Force Majeure

The Company is not liable for delays caused by circumstances beyond reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, or major system failures.

12. Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.

13. Entire Agreement

This Agreement, together with the Project Documentation, constitutes the entire agreement between the parties and supersedes all prior communications and proposals.

14. Acceptance

By engaging the Company's services, requesting work to begin, or making any payment, the Client acknowledges acceptance of these Terms and Conditions.