HireMERNDevelopers.com

Terms & Conditions

Definitions

  • Agreement: The proposal, contract, terms and conditions, together with any attached documentation related to the cooperation between the client and our company.
  • Client Content: Any materials supplied by the client for inclusion within the project, including images, written content, graphics, files, or similar resources.
  • Deliverables: The work, materials, and services that our company is contractually obligated to provide.
  • Developer Tools: Any software, applications, frameworks, source code, fonts, authoring systems, tools, inventions, and other resources created or used by our company, whether protected by copyright or patent or not. This also includes website structures, layouts, navigation systems, and functional elements.
  • Final Deliverables: The completed versions of deliverables supplied by our company to the client.
  • Project: The work and services to be carried out according to the agreement between the client and our company.
  • Services: All services provided by our company as outlined within the proposal and agreement.
  • Third Party Materials: Any externally sourced materials used within the project, including stock photography, illustrations, plugins, or similar third-party resources.

Development Services

Our company shall provide all development services described within the proposal and formal agreement according to the approved project milestones.

Proposal / Scope of Work

All proposals remain valid for 30 days from the date received by the client. If a proposal is not approved within this period, we reserve the right to revise and resubmit the proposal for further approval.

Compensation

  • Additional Costs: Third-party expenses such as hosting, licensing, plugins, or related services shall be billed separately from development costs.
  • Expenses: All project-related expenses shall be charged to the client at cost.
  • Fees: The client agrees to pay all applicable fees and taxes according to the project plan.

Payment

  • Invoices: Payments are due within 5 days of receipt of an invoice. Any expenses or additional charges shall be listed separately.
  • Payment Schedule: All payments shall follow the agreed project milestones and payment structure.

Changes to Project Scope

  • Change Requests: Any requested modifications must be submitted by the client in writing with full details. Our company shall provide a response within 5 working days outlining any pricing changes, timeline adjustments, or updates to the project scope.
  • Minor Changes: Changes considered minor or valued below 20% of the total project cost shall be billed at standard hourly rates. Any resulting delivery timeline changes shall be communicated accordingly. Additional charges shall not be restricted by previously agreed pricing caps.
  • Major Changes: Changes exceeding 20% of the project value or considered substantial by our company shall require a revised or separate proposal. Additional work shall not proceed until the updated proposal has been approved and signed.
  • Acceptance of Proposals: The client shall approve any proposal within 14 working days. If approval is not received, our company shall not be obligated to continue with additional work.

Delays

  • Client Delays: The client shall provide approvals, requested materials, information, and other project requirements within a reasonable timeframe. Delays caused by the client may result in corresponding extensions to project milestones.
  • Delays by Our Company: If delays occur due to circumstances related to our company, the client shall be informed promptly by email.
  • External Delays: Delays resulting from circumstances beyond the control of either party shall not be considered a breach of contract. Such circumstances include, but are not limited to, labor disputes, government actions, natural disasters, fire, flooding, terrorism, or war. Project deadlines may be extended accordingly.

Evaluation and Acceptance

Testing: Our company shall apply commercially reasonable and industry-accepted testing procedures before delivering work to the client.

Approval Periods: The client shall have 7 working days to approve or reject submitted deliverables. Any rejection must include written details explaining the issues identified. Our company shall then have 14 working days to correct such issues. Following resubmission, the client shall have an additional 7 working days for review.

Client Responsibilities

The client shall act reasonably and in a timely manner throughout the project, particularly regarding the following:

  • Ensuring that all supplied content is suitable for use within the deliverables unless otherwise agreed.
  • Ensuring that all provided materials have been checked and proofread before submission. Any corrections required afterwards may result in additional charges.
  • Making timely decisions regarding third-party providers, integrations, or services.

Accreditation and Promotion

  • Accreditation: Our company reserves the right to include an accreditation hyperlink on project pages unless otherwise agreed within the original proposal.
  • Promotion: For promotional, portfolio, or professional recognition purposes, our company may display deliverables within portfolios, galleries, websites, or other media.
  • Promotional Approval: Neither party shall unreasonably refuse permission to reference their role within a project. Links to the other party’s website may be included where appropriate.

Confidential Information

Any information identified as confidential by either party, whether protected by copyright, patent, or otherwise, shall be treated as confidential by both parties. Confidential information shall not be disclosed to third parties. Information shall not be considered confidential if already known by the receiving party or obtained through an unrestricted third-party source.

Relationships

  • Agents: If third-party contractors are engaged to provide agreed services, our company shall remain fully responsible for the relevant deliverables.
  • Exclusivity: Neither party is required to enter into exclusive cooperation. Both parties remain free to work with other companies or individuals.
  • Independent Contractor: Our company operates as an independent contractor and shall determine how deliverables are provided. Nothing within the agreement shall create an employer-employee relationship, partnership, or joint venture between the parties. Neither party may act as an agent for the other except where explicitly agreed. Work performed by our company shall not be considered “work for hire” under copyright law.

Liability

Our company shall not be responsible for any losses or damages suffered by the client. All services are provided on an “as is” basis. Any liability of our company shall be limited to the amount paid by the client for the provided services.

Rights for Work Produced

License: The client receives a non-exclusive, perpetual, worldwide license to use the deliverables in their originally agreed form. The client may not modify, extract, or create derivative works from the deliverables without prior written permission from our company.

Support Services

Warranty Periods: Our company may provide commercially reasonable support required to maintain, update, or correct deliverables. Such support shall be billed at standard hourly rates unless otherwise agreed. Any warranty shall become void if another party edits, modifies, or interferes with the deliverables, and our company shall bear no further responsibility.

We reserve the right to revise or update these Terms and Conditions at any time. Continued use of our website or services constitutes acceptance of any updated terms.