Terms of Service

Welcome to WahDeveloper. These Terms of Service ("Terms") govern your use of our website and services. By accessing our website or engaging our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing and using WahDeveloper's website and services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Services

WahDeveloper provides professional web design and development services, including but not limited to:

• Custom website design and development
• E-commerce website development
• Mobile-responsive design
• Search Engine Optimization (SEO)
• Website maintenance and support
• Digital marketing services
• Consultation and strategy services

3. Client Responsibilities

Content and Materials

You are responsible for providing:

• All content, text, images, and materials for your website
• Necessary licenses and permissions for any third-party content
• Accurate and up-to-date information about your business
• Timely feedback and approvals during the development process

Legal Compliance

You warrant that:

• All content provided is legally owned by you or properly licensed
• Your website content complies with all applicable laws and regulations
• You will not use our services for any illegal or unauthorized purpose
• You have the authority to enter into this agreement

4. Project Timeline and Delivery

Timeline Estimates

Project timelines are estimates based on the scope of work and client responsiveness. Actual delivery dates may vary due to:

• Changes in project scope or requirements
• Delays in client feedback or content provision
• Technical complexities or third-party dependencies
• Force majeure events beyond our control

Client Delays

If project delays are caused by client factors (late content, delayed feedback, scope changes), additional time and costs may apply.

5. Payment Terms

Payment Schedule

Unless otherwise agreed in writing:

• 50% deposit required before project commencement
• Remaining 50% due upon project completion
• Monthly retainer fees for ongoing maintenance (if applicable)
• Additional work outside the original scope will be billed separately

Late Payments

Late payments may result in:

• Suspension of work until payment is received
• Late fees of 1.5% per month on overdue amounts
• Removal of website from hosting (for maintenance clients)

6. Intellectual Property Rights

Client Content

You retain ownership of all content, trademarks, and materials you provide. You grant us a license to use these materials solely for the purpose of completing your project.

Website Ownership

Upon full payment:

• You own the final website design and custom code
• Third-party plugins, themes, and frameworks remain under their respective licenses
• We retain the right to use the project in our portfolio and marketing materials

WahDeveloper Property

We retain ownership of:

• Our proprietary development frameworks and tools
• General methodologies and processes
• Pre-existing intellectual property

7. Revisions and Changes

Included Revisions

Each project includes a specified number of revision rounds as outlined in the project proposal. Additional revisions beyond the agreed scope may incur additional charges.

Scope Changes

Significant changes to the project scope will require:

• Written approval from both parties
• Adjustment to timeline and budget
• Updated project documentation

8. Website Hosting and Maintenance

Hosting Services

If we provide hosting services:

• We will use reasonable efforts to maintain 99.9% uptime
• Regular backups will be performed
• Basic security measures will be implemented
• You are responsible for domain registration and renewal

Maintenance Services

Ongoing maintenance may include:

• Software updates and security patches
• Content updates (as per maintenance plan)
• Performance monitoring
• Technical support

9. Warranties and Disclaimers

Limited Warranty

We warrant that:

• Services will be performed with professional skill and care
• Websites will function as designed at the time of delivery
• We will fix any bugs or issues for 30 days after project completion

Disclaimers

We do not warrant:

• Specific search engine rankings or traffic results
• Compatibility with future browser updates or technology changes
• Uninterrupted operation of third-party services
• Protection against all security threats

10. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability shall not exceed the amount paid for the specific service
• We are not liable for indirect, consequential, or punitive damages
• We are not responsible for loss of data, profits, or business opportunities
• Client must notify us of any issues within 30 days of discovery

11. Indemnification

You agree to indemnify and hold WahDeveloper harmless from any claims, damages, or expenses arising from:

• Content you provide that infringes on third-party rights
• Your use of the website in violation of these Terms
• Any illegal or unauthorized activities
• Breach of your representations and warranties

12. Termination

Termination by Client

You may terminate the project at any time with written notice. In such cases:

• You will pay for all work completed to date
• You will receive all work products completed up to termination
• Deposits are non-refundable

Termination by WahDeveloper

We may terminate the agreement if:

• Payment is more than 30 days overdue
• You breach any material term of this agreement
• The project becomes technically unfeasible
• We determine the project violates our policies

13. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from acts beyond reasonable control, including but not limited to:

• Natural disasters
• Government actions
• Internet service provider failures
• Pandemics or health emergencies
• Cyber attacks or security breaches

14. Confidentiality

Both parties agree to maintain confidentiality of:

• Proprietary business information
• Technical specifications and processes
• Financial information
• Any information marked as confidential

15. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of New York, United States, without regard to conflict of law principles.

Dispute Process

In case of disputes:

1. Parties will first attempt to resolve through good faith negotiation
2. If unsuccessful, disputes will be resolved through binding arbitration
3. Arbitration will be conducted under the rules of the American Arbitration Association
4. The prevailing party may recover reasonable attorney fees

16. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Continued use of our services after changes constitutes acceptance of the new Terms.

17. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with any signed project proposals or contracts, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.

19. Contact Information