Terms of Service
Effective Date: 8th September 2024
Welcome to Bespokists.com. By accessing or using our website or services, you agree to comply with and be bound by the following terms and conditions (“Terms”). Please read these Terms carefully before using our services. If you do not agree to these Terms, please do not use our website or services.
1. Overview
Bespokists.com provides custom web development, design, and related services (the “Services”). These Terms govern your access and use of our website and the Services we provide. By engaging with our website or entering into a service agreement with us, you agree to these Terms.
2. Use of Services
2.1 Eligibility
To use our Services, you must be at least 18 years of age and capable of entering into a legally binding contract. By using our Services, you represent and warrant that you meet these eligibility requirements.
2.2 Prohibited Activities
You agree not to use our Services for any unlawful purpose or in violation of these Terms. Prohibited activities include, but are not limited to:
• Engaging in fraudulent activities.
• Distributing harmful code such as viruses or malware.
• Violating intellectual property rights of others.
• Disrupting the operation of our website or services.
• Attempting to gain unauthorized access to systems or accounts.
We reserve the right to terminate your access to our Services if you engage in any prohibited activities.
3. Service Agreements
By engaging with Bespokists.com for web development or other services, you will enter into a separate written agreement that outlines the scope of work, payment terms, and project timelines. The terms outlined in that agreement will be binding and may supersede sections of these Terms.
3.1 Project Timelines and Deliverables
For all projects, we require a 50% non-refundable deposit before any work begins. This deposit secures our availability and covers initial project costs. The remaining balance must be paid upon project completion, prior to the delivery of final deliverables. Failure to make the initial deposit or final payment may result in delays or suspension of work.
By making the deposit, you agree to these terms and acknowledge that the deposit is non-refundable under all circumstances, except where Bespokists.com is unable to deliver the agreed-upon services.
3.2 Payment Terms
For all projects, unless agreed otherwise we require a 50% non-refundable deposit before any work begins. This deposit secures our availability and covers initial project costs. This deposit may be refunded under our discretion if minimal time investment has been made into the project or other factors prevent project completion. The remaining balance must be paid upon project completion, prior to the delivery of final deliverables. Failure to make the initial deposit or final payment may result in delays or suspension of work.
By making the deposit, you agree to these terms and acknowledge that the deposit is non-refundable under all circumstances, except where Bespokists.com is unable to deliver the agreed-upon services.
3.3 Client Responsibilities
You agree to provide us with all necessary content, information, and feedback in a timely manner to ensure the successful completion of the project. Failure to do so may result in delays or additional fees.
4. Intellectual Property
4.1 Ownership
All code, designs, and content created by Bespokists.com as part of a project remain the intellectual property of Bespokists.com until full payment has been received. Once payment is completed, ownership of the deliverables will transfer to the client, unless otherwise specified in the agreement.
4.2 Client Content
You retain ownership of any content, logos, or other intellectual property that you provide to us for use in your project. You grant us a non-exclusive, royalty-free license to use, modify, and reproduce your content as necessary to complete the project.
4.3 Third-Party Tools and Services
We may use third-party tools, plugins, or services as part of your project. You are responsible for complying with the licensing terms of any third-party software or services used in your project.
5. Termination
Either party may terminate a service agreement for convenience with prior written notice, as outlined in the individual service agreement. Upon termination, you are responsible for payment of any work completed up to the date of termination.
We reserve the right to terminate or suspend your access to our website or services without notice if you violate these Terms or engage in unlawful or prohibited activities.
6. Limitation of Liability
To the maximum extent permitted by law, Bespokists.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of revenue, profits, or data arising from your use of our Services or website.
Our total liability for any claims arising from or related to the Services will be limited to the amount paid by you for those Services during the six (6) months preceding the event giving rise to the claim.
7. Disclaimer of Warranties
Our Services are provided “as is” and “as available” without any warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Services will meet your requirements, be uninterrupted, or error-free.
8. Indemnification
You agree to indemnify, defend, and hold harmless Bespokists.com and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in connection with your use of our Services or violation of these Terms.
9. Governing Law
These Terms and any service agreements are governed by and construed in accordance with the laws of [Insert jurisdiction], without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms will be subject to the exclusive jurisdiction of the courts located in [Insert location].
10. Changes to These Terms
We may update these Terms from time to time at our discretion. Any changes will be posted on this page with an updated “Effective Date.” Your continued use of our website or Services after the changes are posted constitutes your acceptance of the revised Terms.
11. Contact Information
If you have any questions or concerns about these Terms or our Services, please contact us here.