01About these terms
These terms of business apply to all services that TechXtorm (“we”, “us”, “our”) provides to you (“you”, “the client”). By accepting a proposal or quote, or by asking us to start work, you agree to these terms.
If a signed proposal or contract for a project says something different, that document takes priority for that project.
02Our services
We provide software and mobile app development, web development, SEO, cloud & DevOps, product and logo design, and database administration. The exact scope, deliverables, timeline and price of each project are set out in our proposal or quote (“the proposal”).
03Quotes and proposals
Quotes are valid for 30 days from the date we send them, unless the proposal says otherwise. They are based on the information you give us; if your requirements change, we may need to revise the quote before continuing.
04Fees and payment
- Our fees are quoted in US dollars (USD) unless we agree otherwise in writing, and exclude any applicable taxes.
- For fixed-price projects we normally invoice a 50% deposit before work starts and the balance on completion, or in the milestones set out in the proposal.
- Monthly plans and retainers are invoiced in advance at the start of each month.
- Invoices are due within 14 days of the invoice date.
- If an invoice is overdue we may pause work until it is paid, and we may charge interest on late payments as permitted by law.
05Your responsibilities
To keep your project on track, you agree to:
- give us the content, information, access and approvals we need, when we need them;
- make sure you have the right to use any content, images, logos or data you supply to us;
- name a main contact who can make decisions about the project;
- review our work and give feedback promptly.
Delays in providing these may affect the timeline and, where extra work is needed, the cost.
06Changes and extra work
Work that is not included in the proposal is extra work. We will always tell you before starting it, and either quote for it separately or charge it at our standard rates once you agree.
07Timelines
We give you a dependable timeline and work hard to meet it. Timelines depend on you providing what we need on time, and we are not responsible for delays caused by you or by circumstances outside our reasonable control.
08Review and acceptance
When we deliver work, we will ask you to review it. If you do not tell us about any problems within 10 working days, or if you start using the work live, it is treated as accepted.
09Intellectual property
- Once you have paid in full, you own the final deliverables we create specifically for you, including designs and custom code.
- We keep ownership of our own pre-existing tools, code libraries, frameworks and know-how. We give you a permanent, non-exclusive licence to use them as part of the deliverables.
- Third-party and open-source components remain under their own licences.
- We may show the work in our portfolio and case studies unless you ask us not to.
10Third-party services
Some projects rely on third-party services such as hosting, domains, plugins, APIs or software subscriptions. These are governed by the provider’s own terms, and you are responsible for their fees unless the proposal says they are included. We are not responsible for outages, price changes or changes to those services.
11Support and warranty
For 30 days after launch, we will fix defects in the work we delivered at no extra cost. After that, support is available through a monthly plan or at our standard rates.
We cannot guarantee that software will be completely free of errors, or that SEO work will achieve specific rankings, because search engines control their own results.
12Monthly plans and retainers
Monthly plans continue until either of us cancels them with 30 days’ written notice. Unused hours do not roll over to the next month unless your plan says they do.
13Confidentiality
We will both keep each other’s confidential information private and only use it for the project. This does not apply to information that is already public, that we already had, or that the law requires us to disclose.
14Data protection
We handle personal data in line with UK data protection law and our privacy policy. Where we process personal data on your behalf, for example customer data in a system we build, host or maintain, we act as your processor and will agree data processing terms with you.
15Liability
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot legally be limited.
Otherwise, our total liability to you for a project is limited to the fees you paid us for that project in the 12 months before the claim. We are not liable for indirect or consequential losses, such as loss of profit, revenue, data or business opportunity.
16Ending a project
Either of us can end a project by written notice if the other seriously breaches these terms and does not put it right within 14 days of being asked to.
If a project ends early, you pay for the work done and costs incurred up to that date, and we hand over the completed work once that payment is received.
17Events outside our control
Neither of us is responsible for delays or failures caused by events outside our reasonable control, such as natural disasters, widespread internet or power outages, or actions by governments.
18General
- These terms and the proposal are the whole agreement between us for a project.
- We may update these terms from time to time. Changes apply to new proposals, not to work already agreed.
- If any part of these terms is found to be invalid, the rest still applies.
- Neither of us may transfer our rights under these terms without the other’s written consent.
19Governing law
These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction. For clients of our US office, the proposal may set out a different governing law.
20Contact us
Questions about these terms? Contact us:
- Email: [email protected]
- Phone: +44 7801 273446
- Post: TechXtorm, 30 Riverhead Close, London, England, E17 5PY