Terms & Condtion
Introduction and Acceptance
Welcome to the website of DirectWebProfessionals. By accessing or using our website, and by engaging our services, you agree to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. These terms apply to all visitors, users, and others who wish to access or use our services. These Terms constitute a legally binding agreement between you (“the Client” or “You”) and DirectWebProfessionals (“Company,” “We,” “Us,” or “Our”).
Services Provided
DirectWebProfessionals is a digital agency offering a variety of professional services. Our core services include, but are not limited to:
Website Design and Development: Creating custom website designs, layouts, and functionality.
Landing Page Creation: Designing high-converting landing pages for marketing campaigns.
Software Development: Developing custom software solutions tailored to specific business needs.
Digital Marketing: Providing services such as Search Engine Optimization (SEO), social media marketing, and content marketing.
Website Maintenance and Support: Offering ongoing support and updates for existing websites.
All services provided are subject to the specific terms agreed upon in a separate project proposal, quotation, or contract. In the event of any conflict between these General Terms and a specific project agreement, the specific project agreement shall prevail.
Project Initiation, Scope, and Client Responsibilities
To begin a project, we require a clear understanding of your requirements. You agree to provide us with all necessary information, materials, and access (e.g., to your current website, hosting accounts, or social media pages) in a timely manner to allow us to perform our services effectively.
Project Scope: The specific deliverables, milestones, timelines, and fees will be outlined in a project proposal or statement of work provided to you. Any work outside the defined scope will be subject to a separate discussion and additional charges.
Client Cooperation: You are responsible for reviewing and providing feedback on work-in-progress within a reasonable timeframe. Delays in providing feedback or necessary materials may result in project delays, for which DirectWebProfessionals will not be held liable.
Third-Party Services: You are responsible for the costs associated with any third-party services required for your project, such as domain name registration, web hosting, SSL certificates, premium plugins, or stock photography, unless otherwise agreed in writing.
Fees, Payment Terms, and Refunds
All fees for our services are outlined in your project proposal or invoice.
Payment Schedule: We typically require an initial deposit (e.g., 50% of the total project fee) to commence work. The remaining balance is due upon project completion or as per the agreed milestone schedule. For ongoing services (like maintenance or marketing retainers), fees are billed on a recurring monthly basis in advance.
Payment Methods: We accept payments via bank transfer, credit/debit card, or online payment gateways as specified on our invoice.
Late Payments: Invoices unpaid by the due date will be subject to a late fee. We reserve the right to suspend work and access to any deliverables until all outstanding payments are cleared.
Refunds: Due to the nature of digital services, all fees for work already performed are non-refundable. If a project is terminated by the client after work has commenced, the deposit is non-refundable and the client is responsible for payment for any work completed up to the point of termination.
Revisions, Approvals, and Additional Work
Our packages include a reasonable number of revisions to ensure your satisfaction with the final deliverables.
Revision Cycle: The specific number of revision rounds included will be detailed in your project agreement. Revision requests must be submitted in a clear, organized manner (e.g., via email or a project management tool).
Scope Creep: Changes or additions that were not part of the original project scope (e.g., new pages, features, or design overhauls) are not considered revisions and will be quoted separately.
Final Approval: You will be asked to provide final written approval of the deliverables. Once final approval is given, no further changes will be considered part of the original project scope.
Intellectual Property Rights
The ownership of intellectual property is a crucial part of our agreement.
Ownership Upon Full Payment: Upon receipt of full and final payment for a project, DirectWebProfessionals assigns to you all rights and title to the final, completed work product (e.g., custom graphics, website design layouts, source code specifically written for your project). This grants you ownership of the final deliverables.
Our Retained Rights: We retain ownership of all pre-existing tools, libraries, frameworks, and code that we use in the development process. We are granting you a license to use this underlying technology as part of your final product.
Our Right to Showcase: We retain the right to display and link to the completed project as part of our portfolio and to write about the project on our website or in promotional materials, unless we have agreed to a specific non-disclosure agreement.
Third-Party Materials: Any materials provided by you or licensed from third parties (like images, fonts, or plugins) remain the property of their respective owners. You are responsible for ensuring you have the right to use any materials you provide.
Limitation of Liability and Disclaimer of Warranties
To the fullest extent permitted by applicable law:
“As Is” Basis: Our services are provided on an “as is” and “as available” basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
No Guarantee of Results: We do not guarantee that your website will operate uninterrupted or error-free, or that it will be secure from hackers or other security threats. We do not guarantee specific results from the use of our digital marketing services, as results can vary based on numerous factors outside our control.
Limitation of Damages: In no event shall DirectWebProfessionals or its suppliers be liable for any consequential, incidental, special, exemplary, or punitive damages whatsoever (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use our services or materials, even if we have been notified of the possibility of such damages. Our total liability to you shall not exceed the amount you paid to us for the services in question.
Indemnification
You agree to indemnify, defend, and hold harmless DirectWebProfessionals, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to our website and services, your violation of any term of these Terms and Conditions, or your violation of any third-party right, including without limitation any copyright, property, or privacy right.
Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of [Your Country/State], without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in [Your City] under the rules of the [Your Country’s Arbitration Association]. The language of the arbitration shall be [Your Language].
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
