TERMS OF SERVICE - WEB APPLICATION DEVELOPMENT

Introduction

These Terms of Service (“Terms”) govern the provision of web application development services (“Services”) provided by 101 Web Technology (“we”, “us”, “our”) to you, the client (“Client”, “you”). By engaging with us for these services, you agree to be bound by these Terms, which outline our service provision, your responsibilities, and the legal framework governing our relationship.

Services

Scope of Services: We will provide web application development services as outlined in our proposal or service agreement. This may include, but is not limited to, design, development, testing, and deployment of web applications.
Service Delivery: Timeframes for delivery of the Services will be agreed upon in writing. We commit to using reasonable skill and care in the provision of our Services in accordance with industry standards. Project tasks will be visible with associated data such as responsible person, due date and dependencies.

Client Obligations

Information and Access: You agree to provide all necessary information, access to resources, and cooperation as reasonably required for us to deliver the services.
Approvals: You shall provide timely approvals or feedback on deliverables. Delays in approvals may result in delayed delivery of the Services.

Payment

Fees

The fees for the Services shall be determined based on the selected pricing model, either as outlined in the proposal or service agreement. All fees are exclusive of taxes, which the Client will be responsible for.

Milestone Payments

Definition: Milestone Payments refer to the division of the total project fee into specific segments, each associated with the completion of a defined phase or milestone in the project.
Payment Schedule: Payment for each milestone will be due upon completion and acceptance of the work specified for that milestone, as detailed in the proposal or service agreement.
Acceptance: Each milestone will be considered accepted upon your approval, which shall not be unreasonably withheld. If you do not provide approval or specific feedback within [number] days of submission, the milestone will be deemed accepted.

Time and Materials

Definition: Under the Time and Materials (T&M) approach, billing is based on the actual time spent by 101 Web Technology’s personnel on the project and the materials used in the development process, at agreed-upon rates.
Rates: Our hourly rates for personnel and costs for materials are specified in the proposal or service agreement. We will provide a detailed breakdown of hours and materials used on a regular basis, as agreed upon (e.g., weekly, monthly).
Invoicing: Invoices for Time and Materials will be issued at the end of each billing period, reflecting the actual hours worked and materials used during that period.

Expenses

You agree to reimburse us for reasonable and pre-approved expenses that are necessary for the completion of the Services. This includes, but is not limited to, software licenses, third-party services, and travel expenses directly related to the project.

Payment Terms

Unless otherwise agreed, all invoices are payable within [number] days of the invoice date. Late payments may incur interest at the rate of [percentage]% per month or the maximum rate permitted by law, whichever is lower.

Changes in Scope

Any changes in the scope of the project that may affect the agreement’s payment terms should be documented and mutually agreed upon in writing, potentially leading to adjustments in fees, milestone payments, or the T&M billing schedule.

Intellectual Property

Ownership: Upon full payment, you will own the final web application product. We reserve the right to use and display the final product and any preliminary designs for promotional purposes.
Source Code: Subject to the terms of the agreement, the ownership of source code or other intellectual property developed during the engagement may be transferred to you upon full payment for the Services.

Confidentiality

Both parties agree to keep all proprietary information, trade secrets, and other sensitive information confidential during and after the termination of the agreement.

Limitation of Liability

Termination

Either party may terminate the agreement with written notice if the other party breaches these Terms and fails to correct the breach within a reasonable timeframe.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction/Country/State], without giving effect to any principles of conflicts of law.

Amendments

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our Services after any changes indicates your acceptance of the new Terms.

Entire Agreement

These Terms constitute the entire agreement between you and 101 Web Technology regarding the provision of web application development services, superseding any prior agreements or communications.