Terms of Service

1. Agreement to these terms

These Terms apply to all engagements between you and us unless we both sign a separate written agreement or statement of work, in which case that agreement controls where it conflicts with these Terms. Otherwise, these Terms apply in full.

If you do not agree with these Terms, do not engage our services.

2. Services and scope

We provide website design and development, application development, software migrations, custom software, app-store publishing, and related maintenance and support, as described on our website and in any quote or statement of work.

The specific deliverables, features, pages, timelines, and fees for your project are defined in your quote or statement of work. Anything not expressly listed there is out of scope and may be subject to additional fees and timelines.

3. Quotes, fees, and payment

All prices shown on our website are starting guides only and do not constitute a binding offer. Final pricing is confirmed in a written quote.

• Setup and project fees are due as stated in your quote, typically with a deposit before work begins.
• Work may pause until any due invoice is paid in full.
• Monthly maintenance fees are billed in advance and are non-refundable once a billing period has begun.
• Unless expressly stated, our fees do not include third-party costs such as domain registration, app-store fees, paid APIs, plugins, or licenses.
• Late payment may result in suspension of services and, where permitted by law, interest and reasonable recovery costs.

4. Hosting and maintenance plans

Hosting and maintenance plans (Essential, Plus, and Premium) are ongoing monthly services that bundle managed hosting with upkeep, with a minimum commitment of three (3) months from the start date.

• Each plan includes a set number of work hours per month (Essential: up to 3; Plus: up to 6; Premium: up to 12).
• Included hours cover maintenance, fixes, and updates, and on Premium also cover light feature changes. Unused hours do not roll over to the following month.
• New features, redesigns, or any work beyond the included hours are quoted and billed separately.
• After the minimum term, plans continue month to month until cancelled with at least thirty (30) days' written notice. Fees already paid, including the minimum term, are non-refundable.
• An active maintenance plan includes website hosting. Domain registration and renewal are not included and remain your responsibility, and hosting ends when the plan ends.
• We are not responsible for the condition, security, performance, uptime, or upkeep of any website, application, or product that is not covered by an active maintenance plan.

5. One-time and outright purchases

One-time and outright purchases are sold on an 'as-is' basis. Once the project is delivered and final payment is made, our obligations are complete.

• We do not provide maintenance, monitoring, updates, security patching, hosting, backups, or support for one-time purchases unless you separately purchase a maintenance plan or on-demand support.
• We are not responsible for any bug, error, outage, security incident, data loss, incompatibility, or other problem that arises after handover on a one-time purchase, or for any product not covered by an active maintenance plan.
• Once source code or files are handed over, any changes you or any third party make are your sole responsibility, and we are not liable for the results.
• On-demand fixes and help, where we agree to provide them, are billed at our then-current hourly rate and scheduled at our discretion and availability.

6. Your responsibilities

A successful project depends on your timely cooperation. You agree to provide all content, text, images, branding, access credentials, approvals, feedback, and other materials and resources we reasonably request, in a timely manner.

• You are responsible for the accuracy, legality, and ownership of all materials and information you provide, and for having the right to use them.
• You will designate a point of contact authorised to give approvals and make decisions.
• You will review and respond to requests for feedback or approval promptly.

7. Timelines and delays

Any timelines, dates, or delivery estimates we provide are good-faith estimates only and are not guaranteed.

• We are not responsible for any delay caused by your failure to provide information, content, resources, access, approvals, or payment in a timely manner.
• We are not responsible for delays caused by third parties, hosting or domain providers, app-store review processes, or any event outside our reasonable control.
• If a project is inactive or awaiting your input for more than thirty (30) days, we may treat it as on hold, and a fee may apply to resume or reschedule it.

8. Revisions and changes

The number of revision rounds included is stated in your quote. Additional revisions, scope changes, and change requests are billed separately at our then-current rates and may affect the timeline.

9. Third-party services

Your website or application may rely on third-party services such as hosting, domain registrars, email providers, payment processors, app stores, and external APIs.

• Unless your quote states otherwise, you are responsible for obtaining, configuring, and paying for these services.
• We are not responsible for the availability, performance, pricing, policies, suspension, or changes of any third-party service, or for any loss arising from them.
• App-store approval and continued availability are controlled solely by Apple, Google, or the relevant platform. We do not guarantee that any app will be accepted, published, or kept available.

10. Intellectual property and ownership

Until all applicable fees are paid in full, all work product remains our property.

• On full payment, ownership of the final deliverables transfers to you, except for third-party components, open-source software, libraries, fonts, and tools, which remain subject to their own licenses.
• Source-code handover is provided only for plans that expressly include it.
• We may display and describe the work in our portfolio and marketing unless you ask us not to in writing.
• We retain the right to reuse the general knowledge, techniques, code patterns, and tools developed in the course of our work.

11. Warranties and disclaimers

To the maximum extent permitted by law, our services and all deliverables are provided 'as is' and 'as available', without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

• We do not warrant that any website, application, or service will be uninterrupted, timely, error-free, secure, or free of vulnerabilities.
• We do not guarantee any specific results, search rankings, traffic, conversions, sales, or business outcomes.

12. Limitation of liability

To the maximum extent permitted by law, we, and our owner, will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to our services, whether based in contract, tort, or any other theory, even if advised of the possibility of such damages.

Our total aggregate liability for any and all claims relating to a project or service will not exceed the total fees you actually paid to us for that specific project or service in the three (3) months before the event giving rise to the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless us and our owner from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to the materials or content you provide, your use of the deliverables, your violation of these Terms, or your violation of any law or third-party right.

14. Cancellation, termination, and refunds

• Deposits and setup fees are non-refundable once work has begun.
• If you cancel a project in progress, you remain responsible for all work completed up to the cancellation date.
• Maintenance fees already paid are non-refundable, and the three-month minimum remains payable.
• We may suspend or terminate services for non-payment, abusive conduct, or breach of these Terms, without liability to you.

15. Confidentiality

Each party agrees to keep the other's non-public business information confidential and to use it only for the purpose of the engagement.

16. Data and backups

While we take reasonable care, you are responsible for maintaining your own backups of content and data unless backups are an included part of an active maintenance plan. We are not liable for any loss of data.

17. Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, severe weather, power or internet outages, illness, strikes, government action, or failures of third-party services.

18. Changes to these terms

We may update these Terms from time to time. The version posted on our website at the time you engage us applies to that engagement. Continuing to use our services after changes are posted means you accept the updated Terms.

19. Governing law

These Terms are governed by the laws of the Republic of Trinidad and Tobago, and any dispute relating to them or to our services is subject to the exclusive jurisdiction of its courts.

20. Contact

Questions about these Terms can be sent to caribcodesolutions@gmail.com.