These Terms and Conditions govern your use of the services provided by Bigiantech Web Agency (“Company,” “we,” “us,” or “our”). By engaging our services, purchasing a product, or accessing our website, you (“Client,” “you”) agree to be bound by these terms.
Bigiantech provides web design, web development, digital strategy, and related digital services (the “Services”). All Services will be described in a separate proposal, statement of work (“SOW”), or service agreement (“Agreement”). The specific terms of that Agreement will take precedence over these general Terms and Conditions.
2. Client Responsibilities
2.1. Content: You are responsible for providing all text, images, logos, videos, and other content (“Content”) required for the project in a timely manner and in the formats we request. 2.2. Feedback & Approval: You agree to provide timely feedback and final approvals at each project stage. Delays in your feedback may impact the project timeline and delivery date. 2.3. Credentials: You must provide necessary credentials for third-party services (e.g., hosting logins, domain registrar access, API keys) required for us to perform the Services. 2.4. Legal Compliance: You guarantee that all Content you provide does not infringe on any copyright, trademark, or other intellectual property rights and is otherwise lawful.
3. Payment Terms
3.1. Fees: Fees for Services are as outlined in the project proposal or Agreement. 3.2. Payment Schedule: A non-refundable deposit of 50% is typically required to begin work, with the balance due upon project completion or according to a milestone schedule. 3.3. Invoicing: Invoices are due upon receipt unless otherwise specified. Accounts unpaid for more than 30 days are subject to a late fee of 1.5% per month. 3.4. Hosting & Third-Party Fees: Ongoing costs for hosting, domain registration, premium plugins, and other third-party services are the Client’s responsibility and may be billed separately.
4. Intellectual Property
4.1. Client Materials: You retain ownership of all logos, branding, and Content you provide to us. 4.2. Bigiantech’s Work: Upon final payment in full, we grant you a perpetual, worldwide, non-exclusive license to use the final delivered website, design, and custom code we created specifically for your project. 4.3. Our Tools: We retain ownership of all proprietary tools, code libraries, frameworks, pre-existing knowledge, and “background technology” used to create your project. 4.4. Third-Party Assets: Any third-party assets (fonts, stock imagery, plugins) are licensed for use in your project, and their respective licenses must be adhered to.
5. Project Scope & Revisions
5.1. Scope: The project scope is defined in the initial Agreement. Any significant changes, additions, or “scope creep” requested by the Client that fall outside the agreed scope may result in additional charges and a revised timeline. 5.2. Revisions: The project proposal includes a set number of revision rounds for specific phases (e.g., design concepts). Additional revisions may be billed at our standard hourly rate.
6. Warranties & Limitation of Liability
6.1. Warranty: We warrant that the Services will be performed in a professional and workmanlike manner. 6.2. No Guarantees: We do not guarantee any specific business outcomes, such as increased sales or search engine rankings, as a result of our Services. 6.3. Limitation of Liability: Our total liability to you for any and all claims arising from this agreement shall not exceed the total amount you paid for the Services. In no event shall we be liable for any indirect, special, or consequential damages (including lost profits) arising from your use of the delivered project or our Services.
7. Termination
7.1. Termination for Cause: Either party may terminate this agreement if the other party breaches a material term and fails to cure the breach within 14 days of written notice. 7.2. Termination for Convenience: The Client may terminate the project at any time for any reason by providing written notice. Upon such termination, the Client shall pay Bigiantech for all work completed and expenses incurred up to the date of termination. 7.3. Effect of Termination: Upon termination, all licenses granted by Bigiantech may be revoked, and we may disable the project if payment is not finalized.
8. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared by the other party during the course of the project.
9. Third-Party Services & Clients
The Client is responsible for complying with the terms of service of any third-party platforms we use (e.g., WordPress.org, Shopify, Google). We are not liable for service disruptions, policy changes, or data loss caused by these third parties.
10. Indemnification
You agree to indemnify and hold Bigiantech harmless from any claims, damages, or losses (including legal fees) arising from:
Content you provided.
Your use of the delivered project in an unlawful manner.
Your breach of these Terms and Conditions.
11. Governing Law & Disputes
This agreement shall be governed by and construed in accordance with the laws of [Your State/Country]. Any disputes shall be resolved in the courts located in [Your City, State/Country].
12. Maintenance & Support
Ongoing maintenance and support are not included in standard project fees unless specified in a separate Maintenance Agreement.
13. Changes to Terms
We reserve the right to update these Terms and Conditions at any time. Continued use of our Services after changes are posted constitutes your acceptance of the new terms.
