Terms & Conditions
Effective Date: June 27, 2024
Last Updated: May 17, 2025
These Terms & Conditions ("Terms," "Agreement") constitute a legally binding contract between Devmize ("Company," "We," "Our," or "Us") and the client ("Client," "You," or "Your"). By engaging our services, submitting payment, or otherwise using our deliverables, you expressly agree to be bound by these Terms. If you do not agree, you may not access, purchase, or use our services.
1. Scope of Services
1.1 The Company provides creative design, branding, development, and related services ("Services") as described in the selected package or custom agreement.
1.2 Unless expressly agreed in writing, the Services do not include third-party hosting, domain registration, SSL/TLS, SEO, paid advertising, or social media management.
1.3 Any request materially altering the scope, concept, or deliverables will be deemed a new project requiring a separate agreement and payment.
2. Client Responsibilities
2.1 You agree to provide accurate, complete, and timely information required for the Company to perform Services.
2.2 You must respond to requests for approvals, feedback, or content submissions promptly. Delays may result in delivery extensions.
2.3 If you fail to engage or remain unresponsive for five (5) business days, the Company reserves the right to suspend or terminate the project. Reactivation fees will apply.
2.4 You warrant that any content you provide does not infringe upon third-party rights or violate U.S. or New York law. You agree to indemnify and hold the Company harmless from any claims resulting from your materials.
3. Revisions Policy
3.1 Each package includes a specified number of revisions ("Revision Allowance").
3.2 Revisions are restricted to modifications consistent with the original design brief. Any request substantially altering the concept or scope constitutes a new engagement.
3.3 Revisions must be requested within seven (7) business days of draft delivery. Failure to respond constitutes acceptance.
3.4 Revisions beyond the allowance will incur additional fees at the Company's current rates.
3.5 Excessive, abusive, or unreasonable revision requests may result in service suspension or termination without refund.
4. Refund & Cancellation Policy
4.1 General Rule: All payments are final. Except as required by New York law, refunds will not be issued once work has commenced.
4.2 Limited Refund Eligibility:
• Before Delivery of Initial Concepts: Eligible for refund minus a 10% non-refundable administrative fee.
• Within 48 Hours of Initial Delivery: Eligible for 50% refund, less the processing fee.
• Within 48–120 Hours of Initial Delivery: Eligible for 33% refund, less the processing fee.
• After 120 Hours: No refunds will be issued.
4.3 Refund Exclusions: No refunds will be granted if:
• You have approved or revised initial concepts.
• Final deliverables have been provided.
• Website development has commenced or been deployed.
• Video projects have progressed beyond storyboard approval.
• Services involve hosting, domain registration, SSL/TLS, SEO, content, or social media.
• You fail to respond for ten (10) consecutive days.
4.4 Intellectual Property Upon Refund: If a refund is approved, all rights in any draft or deliverable revert to the Company. You may not use, display, or distribute refunded work.
4.5 No Chargebacks: You agree not to initiate chargebacks or reversals via banks or payment processors. Unauthorized chargebacks are a material breach, entitling the Company to legal remedies and recovery of costs, including attorneys’ fees.
5. Delivery of Services
5.1 Deliverables will be transmitted electronically to the email on file.
5.2 Standard delivery is 7–10 business days unless otherwise specified. Expedited services are available for an additional fee.
5.3 Once deliverables are provided, storage and backup are your sole responsibility. The Company may archive files but does not guarantee long-term retention.
6. Intellectual Property
6.1 Drafts, concepts, and working files remain Company property until final payment.
6.2 Upon final payment, you receive a non-exclusive, non-transferable license to use final deliverables for lawful business purposes.
6.3 The Company retains the right to display work in portfolios, marketing, and case studies unless restricted by written agreement.
6.4 Unauthorized use of unpaid or refunded materials constitutes infringement and may result in legal action.
7. Quality Assurance & Satisfaction
7.1 The Company warrants deliverables will substantially conform to agreed specifications.
7.2 Minor stylistic variations or subjective dissatisfaction do not constitute breach.
7.3 A "Unique Design Guarantee" applies only to original works. Coincidental resemblance to existing works does not create liability.
8. Technical Support
8.1 Support is limited to design and development during the active project period.
8.2 The Company disclaims responsibility for third-party hosting, domain, or software issues.
9. Third-Party Services
9.1 Integration of third-party tools or APIs is at your request and risk.
9.2 The Company is not liable for performance, licensing, or disputes arising from third-party services.
10. Communication Policy
10.1 Official communication is conducted only via email addresses under [Insert Domain] and the toll-free number listed on the Company's website.
10.2 The Company disclaims responsibility for unauthorized communications from outside channels.
11. Termination
11.1 The Company may suspend or terminate Services immediately if:
• Payments are overdue.
• You breach these Terms.
• You engage in abusive, unlawful, or fraudulent conduct.
11.2 Upon termination, all fees paid remain non-refundable, and any outstanding balances are immediately due.
12. Governing Law & Dispute Resolution
12.1 These Terms shall be governed by the laws of the State of New York, without regard to conflicts of law.
12.2 Any dispute, claim, or controversy shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.
12.3 The arbitration shall take place in New York County, New York, and the proceedings shall be conducted in English.
12.4 By agreeing to these Terms, you waive any right to:
• A jury trial.
• Participation in a class action, consolidated, or representative proceeding.
12.5 Judgment on the arbitrator's award may be entered in any court of competent jurisdiction in New York.
13. Entire Agreement
This Agreement constitutes the entire understanding between the parties, superseding all prior discussions, representations, or agreements, whether written or oral.