Terms of Service

Table of Contents

1) Eligibility & Account

You must be at least the age of majority in your jurisdiction to use the Services. You are responsible for safeguarding your account credentials and for all activities under your account.

2) Scope of Services

We provide custom web development, UI/UX design, WordPress (Elementor/Divi/WPBakery), Shopify/Laravel builds, performance optimization, SEO, domain registration and hosting integration. The exact scope, deliverables, milestones, and timelines will be defined in a formal proposal, SOW (Statement of Work), or invoice.

3) Quotes, Orders & Changes

• Quotes/Estimates: Valid for 14 days unless stated otherwise.
• Orders: Confirmed upon written acceptance and initial payment (if applicable).
• Change Requests: Out-of-scope work is billed separately. Schedule may shift accordingly.
• Approvals: Client approvals (content, designs, staging) must be provided within agreed timeframes.

4) Payments, Billing & Taxes

• Deposits: Projects typically require an upfront deposit (e.g., 30–50%).
• Milestones: Remaining fees are due on milestone or final delivery.
• Late Payments: May incur late fees and/or service suspension.
• Taxes/Currency: Client is responsible for all applicable taxes and fees. Currency and gateway fees may apply.
• Non-Refundable Items: Third-party licenses, premium plugins, domains, and custom work already performed.

5) Client Content & Responsibilities

You represent that you own or have rights to all content, assets, and materials you provide (text, images, video, trademarks, data, etc.). You grant us a non-exclusive license to use these solely to deliver the Services.

6) Intellectual Property

• Pre-Existing IP: Each party retains ownership of its pre-existing intellectual property.
• Deliverables: Upon full payment, you receive a license (or ownership as specified in your SOW) to use project deliverables for your business.
• Third-Party Licenses: Themes, fonts, stock assets, and plugins are subject to their respective licenses.
• Portfolio Use: We may display non-confidential work samples in our portfolio and marketing unless you request otherwise in writing.

7) Acceptable Use

You agree not to use the Services for illegal activities, spam, malware, infringement, scraping, high-risk abuse, or harmful content. We may suspend accounts violating these rules.

8) Third-Party Tools & Dependencies

Our work may rely on external services (hosting providers, CDNs, analytics, payment gateways, plugins, APIs). We are not responsible for outages, price changes, end-of-life, or policy updates of third parties, but we’ll advise reasonable alternatives when feasible.

9) Warranties Disclaimer

Except as explicitly stated in writing, the Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

10) Limitation of Liability

To the maximum extent permitted by law, OrbitBrain will not be liable for indirect, incidental, special, consequential, or punitive damages; or any loss of profits, revenue, data, or goodwill. Our total liability for any claim will not exceed the total fees paid by you for the Services giving rise to the claim in the 3 months preceding the event.

11) Indemnification

You agree to defend, indemnify, and hold harmless OrbitBrain and its personnel from any claims arising out of your content, misuse of the Services, or violation of these Terms or applicable law.

12) Suspension & Termination

We may suspend or terminate Services for violations, non-payment, security risks, or legal compliance. You may terminate with written notice; fees for work performed and non-refundable costs remain due. Upon termination, your access may be disabled and data may be deleted per our data retention practices.

13) Hosting & Uptime

Hosting and uptime targets (e.g., 99.9%) are typically provided by third-party vendors. We will support reasonable troubleshooting and liaise with vendors as defined in your plan or SOW.

14) Support & Maintenance

Post-launch support, updates, backups, security monitoring, and SLA response times are available via separate maintenance plans. Unless otherwise agreed, ad-hoc requests are billed at our standard hourly rates.

15) Data Protection & Security

We implement commercially reasonable security measures. However, no method is 100% secure. Please review our Privacy Policy for details on data handling, cookies, and user rights.

16) Governing Law & Disputes

These Terms are governed by applicable laws of our place of establishment, without regard to conflict-of-law principles. Disputes shall be resolved through good-faith negotiation; failing which, they shall be subject to the exclusive jurisdiction of competent courts in our place of establishment.

17) Changes to Terms

We may update these Terms from time to time. Material changes will be indicated by updating the “Last updated” date and, where appropriate, by additional notice. Continued use of the Services constitutes acceptance of the revised Terms.

18) Contact