Terms of Service
Effe Towers Digital Hub Limited (hereinafter referred to as “Company”) provides digital services to clients (hereinafter referred to as “Client”) and the following Terms of Service (hereinafter referred to as “TOS”) governs the use of the Company’s services. By using the Company’s services, the Client agrees to be bound by these TOS.
Payment:
- An invoice will be generated and delivered to the Client via email, and the Client shall pay an initial payment of 40% before project initiation.
- By remitting deposit funds you are accepting these Terms of Service and entering a contract with the Company.
- The Company reserves the right to change its fees and payment terms at any time upon notice to the Client.
- If the Client fails to pay any fees, the Company may discontinue or delay the provision of its services until such fees are paid.
- After completion of the project, payment is expected within 30 days of issue.
- The Client acknowledges that failure to complete the payment will cause the Company to withhold the project until completion is made, and it may result in legal action taken by the Company.
Ownership and Copyright:
- Until full payment is received, the Company holds the exclusive copyright to any work produced under this TOS.
- If the Client attempt to use/modify/alter/replicate or steal any of my ideas without making the agreed final payment, the Company will take immediate legal counsel.
- Upon receipt of full payment, the Client shall retain all rights, title, and interest in the deliverables produced under this TOS.
Cancellation and Refund:
- The Client may cancel this TOS at any time, provided that the Client shall be responsible for all fees incurred up to the time of cancellation.
- In the event of cancellation, the Company shall not be obliged to refund the initial payment made by the Client.
- The Company reserves the right to retain any work produced up to the time of cancellation as liquidated damages for the loss of business and work completed.
- The Company reserves the right to suspend any project with prior notice, if there is interference with excessive micromanaging, demonstrating a continued lack of trust and inability to move forward after implementing more than a reasonable number (3) revisions and iterations of unique ideas/concepts, and/or showing a reluctance in paying the final payment.
- The Company reserves the right to show this project in a portfolio as an example of client work. This is typically, but not limited to the completion of the project. If you have any specific ‘secrecy/stealth mode’ or NDA requirements, please mention this before agreeing to the proposal.
Project Duration:
- The duration of the project shall be as agreed upon by both parties.
- The Company shall use its best efforts to complete the project within the agreed-upon time frame but does not guarantee completion by a specific date.
- The Client acknowledges that the time for the project will only start counting when all necessary information required for the project has been provided to the Company. Any delays resulting from the late submission of the required information will not be the responsibility of the Company.
- In the event the Company fails to perform any obligation pursuant to these Terms of Service due to an “act of God” or an act of any government, terrorism, riot, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond my control, such failure shall not be deemed to be a breach of these Terms of Service, provided that you are notified of the existence and nature of the reason for my non-performance and delay, and I resume performance immediately upon the conclusion of the relevant force majeure.
Warranty:
- The Company warrants that its services shall be performed in a professional and workmanlike manner.
- The Client acknowledges that the Company cannot guarantee the results of the services provided, but shall use its best efforts to achieve the desired results.
Liability:
- The Company shall not be liable for any damages, including but not limited to, loss of profits, incidental, special, or consequential damages, arising from the use of its services.
- The Client shall indemnify and hold the Company harmless from any and all claims, damages, and expenses, including reasonable attorneys’ fees, arising from the Client’s use of the Company’s services.
Governing Law:
- This TOS shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is located.
Amendments:
- The Company may modify these TOS at any time and such modifications shall be effective immediately upon posting of the modified TOS on the Company’s website.
- The Client’s continued use of the Company’s services following any such modification indicates the Client’s agreement to be bound by the modified TOS.
Entire Agreement:
- This TOS constitutes the entire agreement between the Client and the Company and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this TOS.