Terms of Service

Welcome to WebAmes. These Terms of Service ("Terms") govern your access to and use of our website and web development services. By engaging our services or using our website, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing our website at webames.com, requesting a quote, or engaging our services, you agree to:

• Comply with these Terms of Service
• Accept our Privacy Policy
• Abide by all applicable laws and regulations
• Be at least 18 years of age or represent a business entity with authority to enter into agreements

2. Services Provided

2.1 Web Development Services

WebAmes offers professional web development and related services, including but not limited to:

• Website Design & Development: Custom website creation for businesses
• Web Applications: Custom web-based software solutions
• E-commerce Solutions: Online store development and integration
• Website Maintenance: Ongoing support and updates
• Consulting Services: Technical advice and project planning

2.2 Service Scope

Each project's specific scope, deliverables, timeline, and pricing will be defined in a separate project proposal or contract. These Terms apply to all services unless otherwise specified in writing.

3. Client Responsibilities

3.1 Information & Materials

Clients agree to:

• Provide accurate and complete information necessary for project completion
• Supply required content, images, logos, and other materials in a timely manner
• Ensure they have the legal right to use all materials provided to us
• Respond to requests for feedback and approvals within agreed timeframes

3.2 Delays

Project timelines may be extended if clients fail to provide required materials or feedback. WebAmes is not liable for delays caused by client inaction.

3.3 Third-Party Services

Clients are responsible for:

• Purchasing and managing domain names and hosting services
• Providing access credentials for third-party platforms when necessary
• Paying for third-party software licenses, plugins, or services required for the project

4. Pricing and Payment

4.1 Project Pricing

Pricing for services will be outlined in project proposals or contracts. Prices are typically based on:

• Project scope and complexity
• Estimated hours of work
• Required features and functionality
• Timeline and urgency

4.2 Payment Terms

Standard payment terms are:

• Deposit: 50% upfront payment before work begins
• Final Payment: 50% upon project completion before final delivery
• For larger projects, milestone-based payments may be arranged

4.3 Late Payments

Invoices are due within 14 days of issuance unless otherwise agreed. Late payments may result in:

• Suspension of work until payment is received
• Late fees of 2% per month on outstanding balances
• Withholding of project files and credentials until payment is complete

4.4 Additional Work

Work beyond the agreed scope will be billed separately at our standard hourly rate or as a change order with additional fees.

5. Intellectual Property Rights

5.1 Client-Owned Content

You retain ownership of all content, images, logos, and materials you provide to us. By providing these materials, you grant us a license to use them for the purpose of completing your project.

5.2 Developed Work

Upon full payment, you will own:

• Custom code developed specifically for your project
• Custom designs and graphics created for you
• The final delivered website or application

5.3 Third-Party Components

Projects may include third-party components such as:

• Open-source libraries and frameworks (licensed under their respective terms)
• Premium themes or plugins (licensed separately to you)
• Stock images or assets (licensed appropriately)

You must comply with the licensing terms of these third-party components.

5.4 WebAmes Portfolio Rights

We reserve the right to:

• Showcase completed projects in our portfolio
• Use project screenshots for marketing purposes
• List you as a client reference (with your permission)

6. Warranties and Disclaimers

6.1 Our Commitment

We commit to:

• Deliver work that meets professional industry standards
• Use best practices in web development and security
• Test deliverables for functionality before final delivery

6.2 Limitations

We cannot guarantee:

• Specific search engine rankings or traffic levels
• 100% uptime (dependent on hosting provider)
• Compatibility with all future browsers, devices, or third-party services
• Results from marketing or business outcomes

6.3 Testing Responsibility

Clients are responsible for thoroughly testing all deliverables during review periods. Issues must be reported promptly for resolution.

7. Support and Maintenance

7.1 Post-Launch Support

We provide:

• 30 days of bug fixes for issues present at launch (at no additional cost)
• Training on how to use and update your website (if requested)
• Documentation for custom features and functionality

7.2 Ongoing Maintenance

Ongoing maintenance and support beyond 30 days is available through:

• Hourly billing for ad-hoc requests
• Monthly retainer agreements
• Separate maintenance contracts

7.3 Scope of Bug Fixes

Free bug fixes cover only functionality that was part of the original deliverables and was working correctly at launch. They do not cover:

• New feature requests
• Issues caused by client modifications
• Third-party plugin or service failures
• Hosting or server issues

8. Confidentiality

Both parties agree to:

• Keep confidential information private and secure
• Not disclose sensitive business information to third parties
• Use confidential information only for the purpose of the project

Confidentiality obligations survive the termination of our working relationship.

9. Project Cancellation and Termination

9.1 Client Cancellation

Clients may cancel projects with written notice. In the event of cancellation:

• Deposit payments are non-refundable
• Client will be billed for work completed up to the cancellation date
• Partial deliverables may be provided at our discretion

9.2 WebAmes Termination

We reserve the right to terminate projects if:

• Client fails to make required payments
• Client fails to provide necessary materials or feedback for more than 30 days
• Client engages in abusive, threatening, or unprofessional behavior
• Project requirements violate laws or our ethical standards

10. Limitation of Liability

To the maximum extent permitted by law, WebAmes shall not be liable for:

• Any indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from third-party services, hosting, or platforms
• Issues arising from client modifications or misuse of deliverables
• Force majeure events beyond our reasonable control

Our total liability for any claim shall not exceed the total amount paid by the client for the specific project in question.

11. Indemnification

Clients agree to indemnify and hold WebAmes harmless from any claims, damages, or expenses arising from:

• Content or materials provided by the client
• Client's use of deliverables in violation of applicable laws
• Infringement of third-party intellectual property rights by client-provided materials
• Client modifications to deliverables that cause issues or violations

12. Prohibited Uses

We will not provide services for projects involving:

• Illegal activities or content that violates laws
• Adult content, gambling, or controversial material (at our discretion)
• Spam, phishing, or malicious websites
• Infringement of intellectual property rights
• Distribution of malware, viruses, or harmful code
• Discrimination, hate speech, or harassment

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by international commerce principles and the laws applicable in the jurisdiction where disputes arise, with particular consideration for clients in Tanzania and Mauritius.

13.2 Dispute Resolution

In the event of a dispute:

1. Parties agree to first attempt resolution through good faith negotiation
2. If negotiation fails, parties may pursue mediation before formal legal action
3. Only after these steps may parties pursue legal remedies

14. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Material changes will be communicated to active clients via email.

Continued use of our services after changes constitutes acceptance of updated Terms.

15. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force.

These Terms, together with our Privacy Policy and any signed project contracts, constitute the entire agreement between you and WebAmes.

By engaging WebAmes services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.