Our Terms of Service

 

1. Agreement

These Terms of Service (“Agreement”) govern the professional services provided by Olatunde Awotunde/Codesoftunde (“Service Provider,” “we,” “us,” or “our”) to the Client (“you” or “your”). By engaging our services, you agree to these terms.

2. Scope of Work

• The scope of work will be outlined in the project proposal or agreement document, including deliverables, timelines, and pricing.

• Any changes or additions to the scope will require a written change request and may result in additional costs and timeline adjustments.

3. Client Responsibilities

You agree to:

• Provide all necessary content (e.g., text, images, videos) in a timely manner unless otherwise specified.

• Ensure that you have the right to use all materials provided to us.

• Offer timely feedback during the project to avoid delays.

4. Payments

• Payment terms are as outlined in the proposal or invoice.

• A deposit is required before work commences.

• Late payments may result in suspension of work until payment is received.

• All deposits are non-refundable.

• Ownership of the work remains with us until full payment is received.

• Late payments of the final bill may incur additional charges as specified in the proposal.

5. Ownership and Intellectual Property

• Upon full payment, ownership of the final deliverables will be transferred to you.

• We retain the right to showcase the completed project in our portfolio unless you request otherwise in writing.

• Any third-party assets (e.g., plugins, stock images) used in the project are subject to their respective licensing terms.

6. Revisions

• The project may include certain rounds of revisions, as detailed in the proposal.

• Additional revisions beyond the agreed scope will be billed at an hourly rate as specified in the proposal.

7. Maintenance and Support

• We provide a 7-day post-launch support for bug fixes and issues directly related to our work.

• The warranty does not cover issues caused by customer or user errors.

• Ongoing support and maintenance are available under separate plans & agreements or as specified in your proposal.

Maintenance Subscription Services

For clients opting into our maintenance subscription plans, the following additional terms apply:

1. Scope of Services

   • Maintenance services include regular updates, backups, performance optimization, security monitoring, and minor fixes as outlined in the maintenance plan selected by the Client.

   • The scope of work does not include major redesigns, new feature implementations, or work outside the agreed-upon services. Such requests will be billed separately at our standard hourly rate of $18/hour or based on a separate agreement.

2. Client Responsibilities

   • The Client must provide timely access to the website, hosting, and other necessary credentials for maintenance tasks.

3. Limitations of Liability

   • While every effort is made to ensure the website operates optimally, we are not responsible for issues caused by:

     • Client modifications to the website.

     • Third-party plugins or software not included in the maintenance plan.

     • Hosting provider errors or downtime.

   • In the event of a website crash or severe issue, we will make reasonable efforts to restore the site to a working condition. However, this may incur additional costs if the issue is outside the agreed-upon scope of services.

4. Ownership of Work

   • Any custom code or assets created during maintenance services remain the property of the Service Provider until full payment for the relevant subscription period is received.

   • Upon payment, ownership of any deliverables related to the maintenance work is transferred to the Client.

   • Pre-existing intellectual property, including proprietary tools or code used during maintenance, remains the sole property of the Service Provider.

5. Termination

   • the Client may terminate the subscription service at anytime.

   • Upon termination, the services will still be provided up until the end of the billing period.

   • No refunds will be issued for prepaid subscription periods.

6. Indemnity

   • The Client agrees to indemnify and hold the Service Provider harmless from any claims, damages, or losses resulting from the use of the website, including unauthorized modifications or misuse by the Client or third parties.

8. Confidentiality

We agree to keep any sensitive or proprietary information shared by you confidential and use it solely for the purpose of completing the project.

9. Limitation of Liability

• We are not liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, data, or business opportunities.

• Our maximum liability is limited to the amount paid for the services under this agreement.

10. Termination

• Either party may terminate this agreement with written notice.

• If terminated by the Client, all work completed up to the termination date will be invoiced, and any deposit is non-refundable.

• If terminated by us due to a breach of terms, the Client remains responsible for payment of completed work.

11. Indemnification

You agree to indemnify and hold us harmless against any claims, liabilities, damages, or costs (including attorney fees) arising from your breach of this agreement or misuse of the deliverables.

12. Force Majeure

We are not responsible for delays or failure to perform due to events beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, or technical failures.

13. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Province of Ontario, Canada. Any disputes arising from or relating to these terms will be subject to the exclusive jurisdiction of the courts located in Ontario, Canada.

14. Entire Agreement

This document constitutes the entire agreement between you and us, superseding any prior agreements or communications. Amendments must be agreed upon in writing by both parties.