1. Scope of Services
- Wakestart will provide website and/or mobile app development services as outlined in the project proposal or Statement of Work (“SOW”) agreed upon by both parties.
- Any changes to the scope of services must be mutually agreed upon in writing and may result in additional fees.
2. Payment
- Project fees will be outlined in the SOW.
- A deposit of 50% is required to initiate the project. This may vary based on project.
- Payment schedule (e.g., milestone-based payments, or installment plan) to be detailed in the SOW.
- Late payments will incur an interest charge of 15% per month or a fixed late fee.
3. Intellectual Property
- Wakestart retains ownership of pre-existing code, design templates, libraries, and tools used in development.
- Upon final payment, the Client will receive ownership of custom code and design elements specifically created for the project.
- The Client grants Wakestart a non-exclusive, worldwide license to showcase the completed project in its portfolio and promotional materials.
4. Client Responsibilities:
- The Client must provide all necessary content, assets (text, images, logos, etc.), and feedback within agreed-upon timeframes.
- Delays caused by the Client may extend project deadlines and incur additional costs.
5. Development Process
- Discovery, Design, Development, Testing, Launch.
- The Client will have opportunities for review and feedback at designated milestones.
6. Revisions and Changes
- A limited number of revision rounds will be included in the SOW.
- Requests for revisions exceeding the agreed-upon scope may incur additional charges.
7. Confidentiality
- Both Wakestart and the Client agree to maintain the confidentiality of any sensitive information exchanged during the project.
8. Warranties and Disclaimers
- Wakestart warrants that services will be performed professionally and in line with industry standards.
- Wakestart makes no guarantees regarding specific results, traffic, or revenue for the developed website or app.
- Wakestart is not liable for issues caused by third-party services or Client modifications.
9. Termination
- Either party may terminate the agreement with written notice.
- Upon termination, the Client will be responsible for payments for work completed up to that point.
10. Refund Policy
- Eligibility for Refund: Clients may request a refund within 30 to 90 days of the initial payment, depending on the project’s progress and specific circumstances.
- Conditions for Refund: Refunds will be considered under the following conditions:
- If the project has not commenced or if the initial design or development work has not been approved by the Client, a full refund may be issued.
- If the project is underway but not completed, a partial refund may be granted, proportional to the work completed.
- No refunds will be issued for completed projects or if the project has been delivered and accepted by the Client.
- Refund Process: To request a refund, the Client must submit a written request detailing the reasons for the refund. Wakestart will review the request and respond within a specified timeframe. Once approved, the processing of the refund will take between 30 to 90 days.
- Refund Method: Approved refunds will be processed using the original payment method. Any fees incurred by third-party services on behalf of the Client will not be refundable.
- Exclusions: Refunds are not applicable for any third-party services or products purchased on behalf of the Client, including but not limited to hosting fees, domain registrations, and software licenses.
11. Governing Law
- This agreement will be governed by the laws of England and Wales.