Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern the provision of web development, website management, and related digital services ("Services") by Elite Dev Studios ("we," "us," or "our") to you ("Client" or "you"). By engaging our Services, you agree to be bound by these Terms.

Elite Dev Studios operates as an independent web systems contractor providing services to clients in Jamaica, the United States, and internationally.

2. Services

We provide the following Services:

• Website design and development
• Website management and maintenance
• Managed hosting services
• Custom web systems and integrations
• Technical support and consulting

The specific scope, deliverables, timeline, and pricing for each project will be defined in a separate Statement of Work or Project Proposal ("Project Agreement") which, together with these Terms, forms the complete agreement between the parties.

3. Project Process

3.1 Project Intake

All projects begin with a structured intake process. You will submit your requirements through our client portal or direct communication. We will review your requirements and provide a Project Agreement within a reasonable timeframe.

3.2 Acceptance

Work will commence upon your written acceptance of the Project Agreement and receipt of any required deposit payment.

3.3 Client Responsibilities

You agree to:

• Provide all necessary content, materials, and information in a timely manner
• Respond to requests for feedback and approval within agreed timeframes
• Ensure you have the right to use any content you provide
• Designate a single point of contact for project communications

3.4 Delays

Project timelines are estimates based on timely provision of materials and feedback. Delays caused by late provision of content or feedback may result in adjusted timelines and may incur additional charges.

4. Payment Terms

4.1 Fees

Fees for Services will be specified in the Project Agreement. Unless otherwise stated, all fees are quoted in United States Dollars (USD) or Jamaican Dollars (JMD) as specified.

4.2 Payment Schedule

Unless otherwise agreed:

• A deposit of 50% is required before work commences
• The remaining balance is due upon project completion, before final delivery
• For ongoing services, invoices are issued monthly and due within 14 days

4.3 Late Payment

Late payments may incur interest at a rate of 1.5% per month. We reserve the right to suspend Services until outstanding payments are received.

5. Intellectual Property

5.1 Client Materials

You retain ownership of all content, trademarks, and materials you provide to us. You grant us a license to use these materials solely for the purpose of providing the Services.

5.2 Deliverables

Upon full payment, you will own the custom code, designs, and content created specifically for your project. This excludes:

• Third-party software, themes, plugins, or libraries (which remain subject to their respective licenses)
• Our pre-existing tools, frameworks, and code libraries
• Stock images, fonts, or other licensed assets (which remain subject to their license terms)

5.3 Portfolio Rights

We reserve the right to display completed work in our portfolio and marketing materials unless otherwise agreed in writing.

6. Warranties and Limitations

6.1 Our Warranty

We warrant that Services will be performed in a professional and workmanlike manner. For website development projects, we provide a 30-day warranty period after launch to address any bugs or issues with the delivered work.

6.2 Limitation of Liability

To the maximum extent permitted by law, our total liability for any claims arising from the Services shall not exceed the total fees paid by you for the specific project in question. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

6.3 Third-Party Services

We are not responsible for the performance, availability, or terms of third-party services, including but not limited to hosting providers, domain registrars, payment processors, or software platforms.

7. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the engagement. This obligation survives the termination of our agreement.

8. Termination

8.1 Termination by Client

You may terminate a project at any time by providing written notice. You will be responsible for payment for all work completed up to the termination date, plus any non-refundable expenses incurred.

8.2 Termination by Us

We may terminate the agreement if you breach these Terms, fail to make payments when due, or if continuation becomes impractical. We will provide reasonable notice and deliver any completed work upon receipt of payment for work performed.

8.3 Effect of Termination

Upon termination, you will receive all completed deliverables for which payment has been made. Deposits are non-refundable unless otherwise agreed.

9. Hosting and Maintenance Services

For ongoing hosting and maintenance services:

• Services are provided on a month-to-month or annual basis as specified
• Either party may cancel with 30 days written notice
• We will assist with migration to another provider upon request
• Service level agreements, if applicable, will be specified in the Project Agreement

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Content you provide that infringes on third-party rights
• Your use of the deliverables in violation of applicable laws
• Any breach of these Terms by you

11. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of Jamaica. For clients based in the United States, disputes may alternatively be resolved under the laws of the State of New York. Both parties agree to attempt to resolve any disputes through good-faith negotiation before pursuing formal legal action.

12. Changes to Terms

We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated revision date. Continued use of our Services after changes constitutes acceptance of the revised Terms.

13. Contact Information

For questions about these Terms, please contact us at:

Elite Dev Studios
Email: support@elitedevstudios.com