1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Bal Digital ("Company," "we," "us," or "our") concerning your access to and use of our website and services.
By accessing our website or using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our website or use our services.
2. Services
Bal Digital provides digital services including but not limited to:
- Web design and development
- Mobile application development
- Digital marketing and SEO services
- E-commerce solutions
- UI/UX design services
- Website maintenance and support
- Consulting and strategy services
The specific services to be provided will be outlined in a separate Service Agreement or Statement of Work.
3. Service Agreement
3.1 Proposal and Acceptance
All services begin with a proposal that outlines the scope of work, deliverables, timeline, and pricing. The proposal becomes binding when accepted by both parties through written confirmation or electronic signature.
3.2 Scope of Work
The scope of work will be clearly defined in the Service Agreement. Any work outside the agreed scope will be considered additional work and may incur extra charges.
3.3 Change Requests
Changes to the scope of work must be requested in writing. We will provide a written estimate of any additional time and costs required. Work on changes will not begin until the Client approves the estimate.
4. Payment Terms
4.1 Pricing
All prices are stated in US Dollars (USD) unless otherwise specified. Prices are subject to change but will be honored for active projects with signed agreements.
4.2 Payment Schedule
Unless otherwise agreed, our standard payment terms are:
- Deposit: 50% of the total project cost due upon signing the Service Agreement
- Final Payment: 50% due upon project completion and before final delivery
- Monthly Retainer: Due on the first day of each month for ongoing services
4.3 Late Payments
Payments not received within 15 days of the due date will be considered late. Late payments may incur a fee of 5% per month or the maximum allowed by law. We reserve the right to suspend services until payment is received.
4.4 Refunds
Deposits are non-refundable. If you cancel a project after work has begun, you will be charged for work completed up to the cancellation date.
5. Project Timeline
5.1 Estimates
Project timelines are estimates based on the scope of work and assume timely Client feedback and approvals. Actual completion dates may vary based on project complexity and Client responsiveness.
5.2 Delays
We are not responsible for delays caused by:
- Late or incomplete Client feedback
- Changes to project scope
- Technical issues beyond our control
- Third-party service failures
- Force majeure events
6. Client Responsibilities
The Client agrees to:
- Provide timely feedback and approvals
- Supply necessary content, materials, and access credentials
- Ensure all provided content is accurate and legally compliant
- Have authority to enter into this agreement
- Make timely payments as agreed
- Communicate clearly and professionally
7. Intellectual Property Rights
7.1 Client-Provided Materials
The Client retains all rights to materials provided to us, including but not limited to text, images, logos, and branding elements.
7.2 Final Deliverables
Upon receipt of final payment, the Client will own the final deliverables created specifically for the project, excluding:
- Third-party licensed components
- Stock images and fonts (separate licenses may apply)
- Our proprietary tools, frameworks, and methodologies
7.3 Pre-existing Materials
We retain all rights to our pre-existing materials, including templates, code libraries, and design elements that may be incorporated into your project.
7.4 Portfolio Rights
Unless otherwise agreed in writing, we reserve the right to display the work created for you in our portfolio, case studies, and marketing materials.
8. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the project. This obligation continues for 3 years after project completion.
9. Warranties and Disclaimers
9.1 Our Warranties
We warrant that:
- Services will be performed in a professional manner
- Work will be free from defects in workmanship for 30 days after delivery
- We have the right to provide the services
9.2 Disclaimer
Except as expressly stated, our services are provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
10. Limitation of Liability
To the maximum extent permitted by law:
- Our total liability shall not exceed the amount paid by the Client for the specific services giving rise to the claim
- We are not liable for any indirect, incidental, consequential, or punitive damages
- We are not liable for loss of profits, revenue, data, or business opportunities
11. Indemnification
The Client agrees to indemnify and hold us harmless from any claims, damages, or expenses arising from:
- Client-provided content or materials
- Client's use of the deliverables
- Client's breach of these Terms
- Claims that Client-provided materials infringe third-party rights
12. Termination
12.1 Termination by Client
The Client may terminate the project at any time with written notice. Upon termination, the Client will pay for all work completed and expenses incurred up to the termination date.
12.2 Termination by Us
We may terminate the agreement if:
- The Client fails to make timely payments
- The Client breaches these Terms
- The Client becomes uncooperative or abusive
- The Client fails to provide necessary materials or feedback
13. Support and Maintenance
Unless specifically included in your service package:
- Bug fixes and minor adjustments are provided for 30 days after project delivery
- Ongoing maintenance and support require a separate maintenance agreement
- Updates to third-party components may require additional fees
- Content updates and feature additions are not included
14. Third-Party Services
Our services may rely on third-party platforms, tools, or services. We are not responsible for:
- Third-party service failures or downtime
- Changes to third-party terms or pricing
- Third-party security breaches
- Discontinuation of third-party services
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales, United Kingdom, without regard to its conflict of law provisions.
16. Dispute Resolution
16.1 Negotiation
In the event of any dispute, both parties agree to first attempt to resolve the matter through good-faith negotiation.
16.2 Mediation
If negotiation fails, both parties agree to attempt mediation before pursuing other legal remedies.
16.3 Arbitration
Any disputes not resolved through negotiation or mediation shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.
17. General Provisions
17.1 Entire Agreement
These Terms, together with any Service Agreement, constitute the entire agreement between the parties and supersede all prior agreements and understandings.
17.2 Amendments
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Continued use of our services constitutes acceptance of modified Terms.
17.3 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
17.4 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
17.5 Assignment
The Client may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.
18. Contact Information
If you have any questions about these Terms, please contact us:
- Email: info@baldigital.net
- Phone: +44 (0) 20 7946 0980
- Address: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, UK
Acceptance: By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.