Doublestar Digital Website Development Terms and Conditions

 

These terms and conditions (“Agreement”) are entered into between Doublestar Digital (“the Agency”) and the client (“Client”) for the purpose of website development services using WordPress or Webflow (“Services”). The Agreement sets forth the terms and conditions that shall govern the engagement between Developer and Client.

 

1. Scope of Work: The scope and fidelity of the project have been initially defined as closely as possible upon project kick-off. However, due to the dynamic nature of digital projects, the finer scope and fidelity of features and functions may evolve over time through collaborative efforts between both parties. Under the guidance and direction of the Agency, both parties will work together to optimise the utilisation of available hours in the most efficient and effective manner, ensuring the successful completion of the project.
2. Browser Support: The Agency will ensure that the developed website is compatible with the last two years of browser versions, unless otherwise agreed in writing. Any additional browser support beyond this scope may result in additional costs or may impact the budget and timeline of the project.
3. Budget and Hours: The budget for the project or approved phases has been mutually agreed upon and approved by both parties upon returning the signed project agreement or statement of work. It is the responsibility of both parties to actively manage the scope and quality of the project throughout its duration. Any risks or potential impacts to the project budget will be communicated by the digital producer. Both parties will need to collaborate to effectively manage these risks and stay within the approved budget. If necessary, the Agency may provide a change request for any budget adjustments.
4. Content and Intellectual Property: Client shall provide all necessary content for the website, including text, images, logos, and other media. Client represents and warrants that it has the necessary rights and permissions to use any content provided to the Agency.  The Agency retains ownership of any code or software developed during the project, unless otherwise agreed in writing.
5. Payment and Invoicing: Client shall pay the Agency the agreed upon fees for the Services as outlined in the proposal or agreement invoicing schedule. Payments shall be made according to the payment schedule agreed upon by both parties. In the event of any delays in payment, the Agency may suspend or terminate the Services until payment is received.
6. Confidentiality: Both parties agree to keep any confidential information received from the other party confidential and not disclose it to any third parties without prior written consent.
7. Limitation of Liability:  The Agency shall not be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with the Services, including but not limited to lost profits, business interruption, or data loss.
8. Termination: Either party may terminate this Agreement in writing for any reason. In the event of termination, Client shall pay the Agency for any work completed up to the termination date.
9. Governing Law: This Agreement shall be governed by and interpreted in accordance with the laws of the jurisdiction in which the Agency is located.
10. Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the Services and supersedes all prior agreements, understandings, and negotiations, whether written or verbal.
11. Warranty: The Agency provides a 30-day warranty period for the website developed under this Agreement. The warranty covers only bugs and broken parts of the website that are identified and reported by Client within 30 days from the date of website delivery. The warranty does not cover any issues, feature changes, or other modifications beyond the original scope of work agreed upon in the proposal or agreement. During the warranty period, the Agency will make reasonable efforts to promptly address and rectify any identified bugs or broken parts of the website at no additional cost to Client.
    Please note that the warranty does not cover any issues arising from changes or modifications made to the website by Client or any third parties after the website delivery, or any issues caused by Client’s failure to adhere to recommended, admin, maintenance or security practices. The warranty provided by the Agency is limited to the specific website developed under the original Agreement and does not extend to any third-party products, services, or integrations used in the website.
    The Agency does not provide any warranty or guarantee for the functionality, performance, or compatibility of third-party products, services, or integrations. The Client acknowledges that the warranty provided by the Agency is the sole and exclusive warranty, and the agency disclaims all other warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
    The Client’s exclusive remedy for any issues covered by the warranty shall be limited to the repair or replacement of the specific website developed under this Agreement, at the sole discretion of the Agency. In no event shall the Agency be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with the website or the warranty provided herein.

 

By engaging the Agency for the Services, Client agrees to be bound by the terms and conditions of this Agreement. Any changes or modifications to this Agreement must be in writing and signed by both parties.