Terms of Service
Last Updated: June 15, 2024 | Effective Date: January 1, 2023
1. Acceptance of Terms
By accessing or using the website and services of herdoydev you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our website or engage our services.
These Terms, along with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and herdoydev regarding our services.
2. Services Overview
herdoydev provides professional web development services including but not limited to:
- Custom website design and development
- E-commerce solutions
- Web application development
- Content management system implementation
- Website maintenance and support
Specific project terms, scope, deliverables, and pricing will be outlined in separate Statements of Work or Service Agreements.
3. Client Responsibilities
As a client, you agree to:
- Provide accurate and complete information necessary for project execution
- Make timely decisions and provide feedback during the development process
- Supply all required materials (content, images, branding assets) in agreed formats
- Designate a single point of contact for project communications
- Make timely payments as specified in your service agreement
4. Intellectual Property
4.1 Client Materials
You retain ownership of all content, data, and materials you provide to us. You grant us a limited license to use these materials solely for the purpose of providing our services.
4.2 Deliverables
Upon full payment, ownership of the final deliverables specified in your service agreement will transfer to you, excluding:
- Third-party components (licensed separately)
- Proprietary tools or frameworks we developed
- Any pre-existing intellectual property we owned prior to the project
4.3 Our Proprietary Rights
We retain all rights to our methodologies, tools, templates, and any generic code or design elements not specific to your project. We may reuse these for other clients.
5. Payments and Fees
Our standard payment terms are:
- 50% deposit required to commence work
- Final payment due upon project completion before delivery
- Additional fees may apply for scope changes or additional requests
Late payments may incur interest at 1.5% per month or the maximum rate allowed by law.
All fees are non-refundable except as expressly stated in your service agreement.
6. Project Timeline and Revisions
Project timelines will be established in your service agreement. While we strive to meet all deadlines:
- Delays in client feedback or material provision may impact timelines
- We include X rounds of revisions in our standard packages
- Additional revisions may incur additional fees
We are not liable for delays caused by factors beyond our reasonable control.
7. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary information received during the engagement. This obligation continues for 3 years after project completion.
Confidential information excludes information that is or becomes publicly available through no breach of these Terms.
8. Warranties and Limitations
8.1 Our Warranties
We warrant that our services will be performed in a professional manner consistent with industry standards. For websites we develop, we provide a 30-day warranty period to correct any defects in our workmanship.
8.2 Client Warranties
You warrant that:
- You have the legal right to all materials you provide
- Your content does not infringe any third-party rights
- You will comply with all applicable laws and regulations
8.3 Limitations
Except as expressly provided herein, we disclaim all other warranties, express or implied. Our liability is limited to the fees you paid for the specific services giving rise to the claim.
We are not liable for indirect, incidental, or consequential damages, including lost profits.
9. Termination
Either party may terminate a project with written notice under these conditions:
- For cause: 15 days after written notice of material breach if uncured
- For convenience: With 30 days written notice, subject to payment for work completed
Upon termination, you will pay for all services rendered and expenses incurred up to the termination date. We will deliver all completed work product.
10. Third-Party Services
Our services may integrate with or depend on third-party services (hosting, CMS platforms, payment processors). These services have their own terms and policies:
- You are responsible for complying with their terms
- We are not liable for their actions or service interruptions
- Any associated fees are your responsibility
We will advise you of any ongoing third-party costs during project planning.
11. General Provisions
11.1 Governing Law
These Terms shall be governed by the laws of [Your State/Country], without regard to its conflict of laws principles.
11.2 Dispute Resolution
Any disputes shall first attempt to be resolved through good faith negotiations. If unresolved, disputes shall be settled by binding arbitration in [Your City], except that either party may seek injunctive relief in court.
11.3 Amendments
We may modify these Terms at any time. Continued use of our services after changes constitutes acceptance of the modified Terms.
11.4 Entire Agreement
These Terms, along with any service agreements, constitute the entire understanding between the parties regarding the subject matter herein.
12. Contact Information
herdoydevAttn: Privacy Officer
18 Sonar Bangla Road
Peyaratola, Kushtia Sadar, Kushtia 7000
Email: herdoy.dev@gmail.com
Phone: +18801622465404