1. Introduction

Welcome! These Terms of Service (“Terms”) govern your use of our web development services (“Services”). By using our Services, you agree to be bound by these Terms.

2. Services

We offer a range of web development services, including:

• Website design and development
• Content management system (CMS) implementation
• E-commerce development
• Integration with third-party applications
• Website maintenance and support

The specific services offered and their scope will be detailed in a separate proposal or statement of work (SOW).

3. Project Scope

We will work collaboratively with you to define a clear project scope in a proposal or SOW. This document will outline:

• Deliverables: The specific features and functionalities of your website
• Timeline: Estimated timeframe for project completion
• Cost Breakdown: Fees for services and any applicable materials

4. Payment

Payments for our Services will be processed securely through Stripe, a trusted payment gateway. You agree to comply with Stripe’s Terms of Service https://stripe.com/legal/ssa and their Acceptable Use Policy https://support.stripe.com/questions/acceptable-use-policy.

• Payment Terms: We will specify payment terms in the proposal or SOW. This may include upfront payment for a portion of the project, progress payments based on milestones, or a net payment term after project completion.
• Refunds: Our refund policy is outlined in a separate document (link to Cancellation Policy).

5. Intellectual Property

• Our Ownership: We retain ownership of all intellectual property rights associated with our work, including code, design elements, and any custom functionalities we develop, unless otherwise agreed upon in writing.
• Your Ownership: You will own the intellectual property rights to the content you provide for the project, such as text, images, and logos.

6. Warranties and Disclaimers

• Our Commitment: We warrant that the Services will be performed in a professional and workmanlike manner, following industry best practices.
• Limitation of Warranties: We make no other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. We are not responsible for any damages arising from your use of the Services beyond the scope of the project.

7. Limitation of Liability

• Maximum Liability: Our liability to you for any claim arising out of these Terms or the Services will not exceed the total amount you have paid for the Services.
• Exclusion of Damages: We will not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Services.

8. Term and Termination

• Term: These Terms will remain in effect until terminated by either party.
• Termination for Cause: We may terminate these Terms for cause, such as non-payment, violation of these Terms, or abusive behavior.
• Termination by You: You may terminate these Terms at any time, but you will be responsible for payment for services rendered up to the date of termination.

9. Stripe Compliance

We strive to comply with all relevant data privacy regulations, including Stripe’s Data Privacy Policy https://stripe.com/privacy. You agree to provide accurate and complete information for payment processing through Stripe.

10. Dispute Resolution

• Informal Negotiation: We encourage you to contact us directly to resolve any disputes informally.
• Binding Arbitration (Optional): We may include an optional arbitration clause in these Terms, requiring disputes to be settled through binding arbitration instead of litigation. This clause should be reviewed by an attorney to ensure it complies with your local laws.

11. Governing Law

These Terms will be governed by and construed in accordance with the laws of [Your State/Country].

12. Entire Agreement

These Terms constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

14. Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

15. Contact Us

If you have any questions about these Terms, please contact us at hello@gagsty.com