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SwiftDevsWeb Solutions

Terms & Conditions

Last Updated: January 2024

Introduction

Welcome to SwiftDevs. These Terms and Conditions ("Terms") govern your use of our website and services. By accessing or using our website at swiftdevs.net or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services.

Definitions

  • "Company," "We," "Us," or "Our" refers to SwiftDevs
  • "Client," "You," or "Your" refers to the individual or entity using our services
  • "Services" refers to all web design, development, digital marketing, and related services provided by SwiftDevs
  • "Website" refers to swiftdevs.net and all associated pages
  • "Project" refers to any work undertaken by SwiftDevs for a Client
  • "Deliverables" refers to the final products, designs, code, or materials provided to the Client

Services

Scope of Services

SwiftDevs provides web design and development, e-commerce solutions, website optimization, WordPress maintenance, SEO services, and digital marketing. The specific scope of work for each project will be outlined in a separate proposal, contract, or statement of work.

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Project Engagement

Proposals and Quotes

All proposals and quotes provided by SwiftDevs are valid for 30 days from the date of issue unless otherwise specified. Acceptance of a proposal constitutes agreement to these Terms and the specific project terms outlined in the proposal.

Project Timeline

Project timelines are estimates based on the information provided at the time of proposal. Actual timelines may vary depending on client responsiveness, scope changes, and unforeseen technical challenges. We will make reasonable efforts to meet agreed-upon deadlines.

Client Responsibilities

Clients are responsible for:

  • Providing accurate and complete information, content, and materials
  • Timely review and approval of deliverables
  • Providing access to necessary accounts, hosting, and third-party services
  • Ensuring all provided content is legally owned or properly licensed
  • Communicating changes or concerns promptly

Payment Terms

Pricing and Fees

All prices are quoted in USD unless otherwise specified. Prices are subject to change, but any changes will not affect projects already under contract.

Payment Schedule

Unless otherwise agreed in writing, payment terms are as follows:

  • 50% deposit required before project commencement
  • Remaining 50% due upon project completion and before final delivery
  • For larger projects, milestone-based payments may be arranged

Late Payments

Invoices are due within 7 days of issue unless otherwise specified. Late payments may incur a fee of 1.5% per month or the maximum allowed by law. We reserve the right to suspend work or withhold deliverables until payment is received.

Additional Costs

Third-party costs such as stock images, fonts, plugins, hosting, domain registration, or other services are not included in our fees unless explicitly stated. Clients are responsible for these additional costs.

Intellectual Property

Ownership of Deliverables

Upon full payment, the Client will own the final deliverables created specifically for the project. This includes custom designs, code, and content created by SwiftDevs. However, SwiftDevs retains ownership of any pre-existing materials, templates, code libraries, or tools used in the project.

Portfolio Rights

SwiftDevs reserves the right to display completed projects in our portfolio, case studies, and marketing materials unless the Client requests confidentiality in writing.

Third-Party Materials

Any third-party materials (stock photos, fonts, plugins, frameworks) used in the project remain the property of their respective owners and are subject to their licensing terms.

Revisions and Changes

Included Revisions

Each project includes a specified number of revision rounds as outlined in the proposal. Revisions must be requested within the agreed-upon review period.

Additional Revisions

Revisions beyond the agreed-upon number or scope changes will be billed at our standard hourly rate or as a separate project phase.

Scope Changes

Significant changes to the project scope may require a revised proposal, timeline, and pricing. We will communicate any impact on timeline and cost before proceeding with scope changes.

Warranties and Disclaimers

Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner. We will correct any defects in our work at no additional charge for a period of 30 days after project completion, provided the issue is not caused by client modifications or third-party interference.

Disclaimer

Except as expressly stated, our services are provided "as is" without warranties of any kind, either express or implied. We do not guarantee specific results, rankings, traffic, or revenue from our services. Website performance may vary based on factors beyond our control.

Third-Party Services

We are not responsible for the performance, reliability, or availability of third-party services, hosting providers, or platforms used in your project.

Limitation of Liability

To the maximum extent permitted by law, SwiftDevs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from:

  • Your use or inability to use our services
  • Unauthorized access to or alteration of your data
  • Third-party conduct or content on the services
  • Any other matter relating to the services

Our total liability for any claims arising from or related to our services shall not exceed the total amount paid by the Client for the specific project giving rise to the claim.

Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the project. This obligation survives the termination of the project. However, this does not apply to information that is publicly available or independently developed.

Termination

Termination by Client

The Client may terminate the project at any time with written notice. Upon termination, the Client will be invoiced for all work completed up to the termination date, including any non-refundable expenses incurred.

Termination by SwiftDevs

We may terminate the project if the Client fails to make payments, breaches these Terms, or if continuing the project becomes impractical or impossible. We will provide written notice and an opportunity to cure the breach when reasonable.

Effect of Termination

Upon termination, all outstanding payments become immediately due. SwiftDevs will deliver work completed to date upon receipt of payment. Rights to deliverables will only transfer upon full payment.

Indemnification

The Client agrees to indemnify and hold harmless SwiftDevs from any claims, damages, losses, or expenses (including legal fees) arising from: (a) content or materials provided by the Client, (b) Client's use of deliverables in a manner not authorized by these Terms, (c) Client's violation of any third-party rights, or (d) Client's breach of these Terms.

Dispute Resolution

Negotiation

In the event of any dispute, both parties agree to first attempt to resolve the matter through good faith negotiation.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Bangladesh, without regard to its conflict of law provisions.

Jurisdiction

Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Dhaka, Bangladesh.

General Provisions

Entire Agreement

These Terms, together with any proposal or contract, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

Amendments

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services constitutes acceptance of the modified Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver

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

Assignment

The Client may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Contact Information

If you have any questions about these Terms and Conditions, please contact us:

SwiftDevs

112 Senpara Parbata Flat-4, A-1, Mirpur 1216

Dhaka, Bangladesh

Email: contact@swiftdevs.net

Phone: +8809638041074

By using our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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