Terms of Service
Effective Date: December 8, 2024
Last Updated: December 8, 2024
Acceptance of Terms
By accessing or using KDVLab's services, website, or products, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our services.
These Terms constitute a legally binding agreement between you (the “Client” or “User”) and KDVLab (“we,” “us,” or “our”).
Services Description
KDVLab provides professional software development services, including but not limited to:
- Custom software development
- Web application development
- Mobile application development (iOS and Android)
- UI/UX design services
- Cloud infrastructure and deployment
- Technology consulting and advisory services
- Ongoing maintenance and support
User Accounts
Some of our services may require you to create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access
- Be responsible for all activities under your account
- Not share your account with others
Payment Terms
Pricing
All prices are quoted in USD unless otherwise specified. Project pricing is determined based on scope, complexity, and timeline, and will be outlined in a separate Statement of Work (SOW) or proposal.
Payment Schedule
Unless otherwise agreed, payments are structured as follows:
- 50% deposit upon project commencement
- 25% at midpoint milestone
- 25% upon project completion and delivery
Late Payments
Invoices are due within 14 days of issuance. Late payments may result in project suspension and may incur a late fee of 1.5% per month.
Refunds
Refunds are handled on a case-by-case basis. Work completed prior to cancellation is non-refundable. Deposits are generally non-refundable once work has commenced.
Intellectual Property
Client Ownership
Upon full payment, all custom code and assets created specifically for your project become your property. This transfer of ownership is subject to full payment of all outstanding invoices.
KDVLab Ownership
We retain ownership of our proprietary tools, frameworks, libraries, and reusable components. You receive a license to use these as part of your delivered solution.
Third-Party Components
Your solution may include open-source or third-party components subject to their respective licenses. We will document all such components and their licenses.
Project Scope & Deliverables
All projects are governed by a Statement of Work (SOW) or project proposal that defines:
- Project scope and objectives
- Deliverables and milestones
- Timeline and deadlines
- Pricing and payment schedule
- Acceptance criteria
Changes to the project scope require a written change order and may affect project timeline and pricing.
Confidentiality
We respect the confidential nature of your business information. Both parties agree to:
- Protect confidential information from unauthorized disclosure
- Use confidential information solely for the project purpose
- Return or destroy confidential information upon project completion
- Maintain confidentiality during and after the project
A separate Non-Disclosure Agreement (NDA) may be executed if required for your project.
Warranties & Disclaimers
Service Warranty
We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards.
Bug Fixes
We provide a 90-day warranty for bug fixes on delivered code, covering defects in functionality as specified in the project requirements.
Disclaimer
EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Liability Limitations
To the maximum extent permitted by law:
- Our total liability shall not exceed the total amount paid by you for the specific service
- We are not liable for indirect, incidental, special, consequential, or punitive damages
- We are not responsible for losses due to third-party services or force majeure events
- You agree to indemnify us against claims arising from your use of our deliverables
Termination
Termination by Client
You may terminate the project at any time with 14 days written notice. You will be invoiced for all work completed up to the termination date, plus any non-cancelable third-party costs.
Termination by KDVLab
We may terminate the agreement if you breach these Terms, fail to pay invoices, or fail to provide necessary materials or approvals required for project progress.
Effect of Termination
Upon termination, all outstanding payments become immediately due. We will provide you with all completed work upon receipt of full payment.
Dispute Resolution
Governing Law
These Terms are governed by the laws of the United Kingdom, without regard to conflict of law principles.
Dispute Resolution Process
In the event of any dispute:
- Both parties agree to first attempt resolution through good-faith negotiation
- If negotiation fails, disputes will be resolved through binding arbitration
- Arbitration will be conducted in English
- Each party bears their own legal costs
Changes to These Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. We will notify you of material changes via email or website notice. Continued use of our services after changes constitutes acceptance of the modified Terms.
For active projects, changes to Terms will apply to new projects or renewals, not existing agreements unless mutually agreed upon.
Contact Information
For questions about these Terms of Service, please contact us at:
These terms were last updated on December 8, 2024. Please review these terms periodically for any changes.