Terms of Service

1. Project Scope and Deliverables
1.1 Scope of Work Definition
The services provided will strictly adhere to the scope of work as defined in the attached milestones. Any services or features not explicitly mentioned in the milestones are excluded from this agreement.
1.2 Limitation of Services
The services provided will be limited to design and development as per the project specifications. Any additional services, such as ongoing maintenance, marketing, or content creation, are not included unless explicitly stated.
1.3 Final Acceptance
The completion of the project is subject to final acceptance by the client. The client will have a specified period to review and request any final adjustments. After this period, the project will be considered completed and accepted.
2. Changes and Additional Work
2.1 Request for Additional Features
Requests for additional features or services not covered in the original scope of work will be considered as separate projects. These will require a new agreement, including additional cost and time estimations.
2.2 Revisions and Alterations
Any revisions or alterations to the agreed-upon milestones or project scope must be submitted in writing and may be subject to additional charges.
2.3 Timeline Adjustments for Additional Features
Incorporation of any additional features or significant project alterations may result in a revision of the original timeline and delivery dates.
2.4 Pricing for Additional Work
Additional work not covered in the original scope will be billed at 60 USD per hour or as a fixed price agreed upon before the commencement of the additional work.
3. Warranty and Maintenance
3.1 Warranty on Delivered Product
We strive to deliver the final product in a state that is as bug-free and perfect as possible within the scope of the defined project specifications. To support this commitment, we will provide bug fix support for the product for a period of one month following the project delivery, at no additional cost to the client. This warranty covers bugs or issues directly related to the original scope of work and development quality.
3.2 Exclusion from Warranty
This warranty does not extend to maintenance, which is defined as ongoing updates and compatibility adjustments required due to changes in third-party services, APIs, integrations, or any other external dependencies, including changes made by other websites that impact scraping functionality or similar integrations.
3.3 Maintenance Services
Should the client require updates or maintenance to address changes in third-party services, APIs, integrations, or to ensure ongoing compatibility with external systems, these services will be provided at an additional cost. Maintenance services are separate from the bug fix warranty and will be billed based on the nature of the work required, either at an hourly rate or as a fixed project, as agreed upon in advance.
4. Intellectual Property and Ownership
4.1 Intellectual Property Rights and Source Code Delivery
All intellectual property rights of the developed product, including the source code, shall remain with the service provider until full payment is made. Upon final payment, all rights, including the complete and final version of the source code, will be transferred to the client, unless otherwise agreed upon.
5. Document Integrity and Reference
5.1 Single Source of Truth
This document serves as the sole official and legally binding record of the project's timeline, budget, features, deliverables, and terms of service.
5.2 Referencing this Document
Clients are permitted to reference this document in its entirety through the following methods: a) Copying the complete document without any alterations b) Embedding the entire document in another document or platform c) Providing a direct link to the original document
5.3 Prohibition of Partial Copying
Copying or reproducing excerpts, sections, or portions of this document is strictly prohibited. Any reference to the contents of this document must include the entire document to maintain context and prevent misinterpretation.
5.4 Non-Recognition of Modified Versions
Any modified versions, partial reproductions, or documents containing excerpts from this document will not be recognized or honored by New Web Order. We will only acknowledge and act upon the terms, features, deliverables, timelines, and budgets as stated in this original, complete document.
5.5 Client Responsibility
It is the client's responsibility to ensure that any references made to this document comply with these terms. Any disputes or disagreements arising from modified or partial reproductions of this document will be resolved based on the contents of this original, complete document.
5.6 Amendments and Changes
Any changes, additions, or amendments to the project scope, features, deliverables, timeline, or budget must be made through official channels and mutually agreed upon in writing. Such changes will be reflected in an updated version of this entire document or through an official addendum referencing this document in its entirety.
6. Termination and Liability
6.1 Termination Clause
Either party may terminate the agreement with written notice in the event of a significant breach of terms or conditions by the other party. If termination is initiated due to a breach by the client, the client remains obligated to pay for all services rendered up to the point of termination. However, if termination is due to a breach by the service provider, the client will not be held responsible for payment for services not satisfactorily completed or delivered as of the termination date, and repayment of funds will be made to customer if service provider breaches agreement.
6.2 Limitation of Liability
The service provider is not liable for any indirect, incidental, or consequential damages arising out of or in connection with the provided services, including but not limited to, loss of profits or business interruption.
7. Client Feedback and Reviews
7.1 Review Obligation
Upon project completion and final delivery, the client agrees to provide an honest review on the platform where the project was initiated within 3 days. This review is a contractual obligation.
7.2 Review Content
If the client had a positive experience, we kindly request this be reflected in the review to enhance our visibility. While the act of reviewing is mandatory, the content must reflect the client's honest opinion.
7.3 Reminders and Consequences
The service provider may send up to three reminders within 7 days of project completion. Failure to provide a review may be noted in future references or platform disputes.
7.4 Reciprocal Reviews
On platforms allowing reciprocal reviews, the service provider will also provide a fair review of the client's conduct, including adherence to this clause.
8. Confidentiality and Non-Disclosure
8.1 Confidential Information
Both parties agree to treat all information shared during the course of the project as confidential. This includes, but is not limited to, business strategies, technical details, client information, and any other proprietary information.
8.2 Non-Disclosure
Neither party shall disclose confidential information to third parties without the express written consent of the other party, except as required by law.
8.3 Duration
The confidentiality obligations shall survive the termination of this agreement and remain in effect for a period of 1 year from the date of project completion.
9. Force Majeure
9.1 Definition
Neither party shall be liable for any failure or delay in performance under this Agreement to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence.
9.2 Notification
The party experiencing the force majeure event agrees to give the other party prompt written notice of the occurrence of the event and its estimated duration.
9.3 Mitigation
The affected party shall use reasonable efforts to mitigate the effects of the force majeure event and resume performance as soon as reasonably possible.
10. Indemnification
10.1 Client Indemnification
The client agrees to indemnify, defend, and hold harmless New Web Order, its officers, directors, employees, and agents, from and against any claims, actions, suits, demands, or other proceedings brought by third parties arising out of or related to the client's use of the delivered product or any content provided by the client for incorporation into the project.
10.2 Company Indemnification
New Web Order agrees to indemnify, defend, and hold harmless the client from any claims arising from allegations that the delivered product, as provided by New Web Order, infringes upon the intellectual property rights of any third party.
11. Subcontracting
11.1 Right to Subcontract
New Web Order reserves the right to subcontract portions of the work to qualified third parties. However, New Web Order shall remain fully responsible for the work performed by any subcontractors.
11.2 Notification
New Web Order will notify the client of any subcontracting arrangements that materially affect the delivery of services under this agreement.
14. Severability
14.1 Clause Severability
If any provision of this agreement is found to be invalid or unenforceable, the remainder of the agreement shall remain in full force and effect, and the invalid or unenforceable provision shall be replaced with a valid provision that most closely approximates the intent of the original provision.