These terms and conditions ("Agreement") govern the use of our services, including website designing, web development, mobile app development, digital marketing, ecommerce, and any other development services provided by ("BA Technology," "we," or "us") to you ("Client" or "you"). By accessing and using our Services, you agree to be bound by this Agreement. If you do not agree with these terms and conditions, please refrain from using our Services.
1.1. Website Designing and Web Development:
We will provide website designing and web development services according to the specifications agreed upon.
1.2. Mobile App Development:
We will develop mobile applications based on the requirements provided by you.
1.3. Digital Marketing:
We will provide digital marketing services to enhance your online presence and promote your business.
1.4. Ecommerce Development:
We will develop ecommerce solutions for your online store, including shopping carts, payment gateways, and inventory management systems.
1.5. Other Development Services:
Any additional development services will be provided as agreed upon between the parties.
2.1. Cooperation:
You agree to cooperate with us and provide all necessary information, materials, and feedback required to perform the Services effectively.
2.2. Content:
You are solely responsible for providing accurate, lawful, and non-infringing content for use in the Services. You grant us a non-exclusive license to use, reproduce, modify, and display the content solely for the purpose of providing the Services.
2.3. Third-Party Services:
You may request the integration of third-party services, such as payment gateways or social media platforms. You are responsible for complying with the terms and conditions of such third-party services.
3.1. Fees:
The fees for the Services will be specified in the project proposal or agreement. All fees are exclusive of applicable taxes.
3.2. Payment Terms:
Payment terms will be outlined in the project proposal or agreement. Unless otherwise agreed, invoices are due within 30 days of the invoice date.
3.3. Late Payments:
In the event of late payment, we reserve the right to suspend the Services until payment is received in full. Late payments may also incur additional charges or interest.
4.1. Ownership:
Any intellectual property rights developed or provided by us as part of the Services, excluding pre-existing materials, will belong to us until full payment has been received.
4.2. Client Materials:
You represent and warrant that you have the necessary rights to use any materials provided by you for the Services. You retain ownership of your pre-existing materials.
5.1. Non-Disclosure:
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the provision of the Services.
5.2. Exceptions:
Confidentiality obligations do not apply to information that is publicly available or rightfully obtained from a third party without any obligation of confidentiality.
6.1. Exclusions:
We shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Services.
6.2. Maximum Liability:
In no event shall our liability exceed the total amount paid by you for the Services rendered in the three (3) months preceding the event giving rise to the claim.
7.1. Termination for Convenience:
Either party may terminate this Agreement for convenience upon written notice to the other party.
7.2. Termination for Breach:
Either party may terminate this Agreement in the event of a material breach by the other party, provided that a written notice of such breach is given, and the breaching party fails to remedy the breach within thirty (30) days.
8.1. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of without regard to its conflict of laws principles.
8.2. Entire Agreement:
This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings, whether written or oral, relating to the subject matter herein.
8.3. Amendments:
Any amendments to this Agreement must be made in writing and signed by both parties.
8.4. Severability:
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
8.5. Waiver:
The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of its right to enforce such provision.
Please carefully read and understand these terms and conditions before using our Services. By using our Services, you acknowledge and agree to be bound by this Agreement.
