Terms and Conditions for Website Development Services
Effective Date: 16/2/25
Welcome to Gizmo Archive! These Terms and Conditions ("Agreement") govern the relationship between you ("Client") and Gizmo Archive ("Company," "we," "us") regarding the design, development, and delivery of website projects.
By engaging our services, you acknowledge and agree to the terms outlined below.
1. Scope of Services
1.1 We provide website development services using Shopify, including but not limited to design, coding, content integration, and deployment. 1.2 Any additional features or services requested beyond the initial agreement may be subject to additional fees. 1.3 We reserve the right to decline projects for any reason, including but not limited to ethical concerns, technical feasibility, or other business considerations.
2. Client Responsibilities
2.1 You agree to provide all relevant information, content, and materials required for the development of your website in a timely manner. 2.2 Any delays in providing necessary information may result in extended project timelines or additional costs. 2.3 You warrant that all materials you provide, including images, videos, and written content, do not infringe on any third-party rights.
3. Payment Terms
3.1 A one-time, upfront payment is required before the commencement of work. 3.2 The payment is non-refundable unless otherwise agreed in writing. 3.3 Late payments may result in delayed project delivery or suspension of work.
4. Revisions and Modifications
4.1 We offer a limited number of revisions as specified in the project agreement. Any additional revisions may be subject to additional fees. 4.2 Once the final approval is given, any further changes will be considered a new project or require a separate maintenance agreement.
5. Project Timeline
5.1 We will provide an estimated project timeline based on the agreed scope of work. 5.2 Delays caused by the Client (e.g., late submissions, unresponsiveness) may extend project timelines. 5.3 We are not liable for delays caused by third-party services, force majeure events, or unforeseen circumstances.
6. Intellectual Property Rights
6.1 Upon full payment, the Client will have ownership rights to the final website design and content, except for third-party elements used under licensing agreements. 6.2 We reserve the right to use your completed website for our portfolio, marketing, and promotional purposes. 6.3 Custom-developed code, scripts, or frameworks may be licensed to the Client but remain our intellectual property unless explicitly stated otherwise.
7. Termination and Cancellation
7.1 Either party may terminate the project with written notice. 7.2 If the Client cancels the project after work has begun, the payment is non-refundable, and the Client may be billed for work completed up to the termination date. 7.3 We reserve the right to terminate a project if the Client is unresponsive, fails to make payments, or breaches these terms.
8. Limitation of Liability
8.1 We are not responsible for any damages, losses, or costs incurred due to website downtime, security breaches, or third-party service failures. 8.2 We make no guarantees regarding search engine rankings, traffic increases, or other performance metrics unless explicitly agreed upon in writing. 8.3 The Client agrees to indemnify and hold us harmless from any claims, liabilities, or damages resulting from the use of the website or its content.
9. Post-Launch Support & Maintenance
9.1 We may offer maintenance services under a separate agreement. 9.2 Unless a maintenance plan is purchased, ongoing updates, security patches, and support will be the Client’s responsibility.
10. Governing Law and Dispute Resolution
10.1 This Agreement shall be governed by and construed in accordance with the laws of SOUTH AFRICA. 10.2 Any disputes arising from this Agreement shall be resolved through mediation or arbitration before pursuing legal action.
11. Amendments and Updates
11.1 We reserve the right to update or modify these Terms and Conditions at any time without prior notice. 11.2 Continued use of our services constitutes acceptance of any revised terms.
12. Contact Information
For any questions or concerns regarding these Terms and Conditions, please contact us at thegizmoarchive@gmail.com.
By engaging our services, you confirm that you have read, understood, and agreed to these Terms and Conditions.