Terms & Conditions Legal Services

1. Acceptance of Terms

By accessing and using TechFista's website, portfolio, and services, you accept and agree to be bound by these terms and conditions. If you do not agree to these terms, please do not use our services or engage in any business relationship with us.

These terms apply to all clients, visitors, and anyone who accesses or uses our services, including but not limited to viewing our portfolio, requesting quotes, or entering into project agreements.

2. Definitions

For the purposes of these Terms & Conditions:

• "We," "Us," "Our," "TechFista" refers to TechFista and its team members
• "You," "Your," "Client" refers to the individual or entity engaging our services
• "Services" refers to all design, development, consulting, and related services we provide
• "Deliverables" refers to all work products, files, code, designs, and materials created for your project
• "Agreement" refers to these terms and any project-specific contracts or proposals
• "Project" refers to any engagement for services between you and TechFista
• "Third-Party Materials" refers to any software, assets, or content not created by TechFista

3. Services Description

TechFista provides professional digital services including:

• UI/UX Design: User interface design, user experience research, wireframing, prototyping, design systems, visual design, interaction design, and usability testing for web and mobile applications
• Fullstack Development: Frontend development, backend development, database design and management, API development and integration, server configuration, and full application architecture
• Web Development: Responsive websites, progressive web applications (PWA), e-commerce solutions, content management systems, landing pages, and custom web solutions
• Mobile Development: Cross-platform development (React Native, Flutter), native iOS and Android development, and mobile app maintenance
• Product Design: End-to-end product design from concept to launch, MVP development, and product strategy
• Brand & Visual Design: Logo design, brand identity, style guides, marketing materials, and social media graphics
• Maintenance & Support: Ongoing website maintenance, bug fixes, security updates, performance optimization, and technical support
• Consulting: Technical consulting, code reviews, architecture planning, technology stack recommendations, and strategic guidance

We reserve the right to modify, suspend, or discontinue any service at any time. We will make reasonable efforts to notify existing clients of significant changes that may affect ongoing projects.

4. Website Use and Portfolio

4.1 Website Access

Our website and portfolio are provided for informational purposes. You may browse, download, and print content for personal, non-commercial use only.

4.2 Prohibited Activities

You agree not to:

• Copy, reproduce, or distribute our portfolio work without permission
• Use our designs, code samples, or content for commercial purposes
• Attempt to reverse engineer any functionality on our website
• Use automated systems to scrape or collect data from our website
• Misrepresent your relationship with TechFista
• Use our website for any unlawful purpose

4.3 Portfolio Accuracy

While we strive to keep our portfolio current and accurate, some displayed projects may have evolved since completion. Portfolio items represent our capabilities and past work.

5. Project Engagement Process

5.1 Initial Consultation

All projects begin with an initial consultation to understand your requirements, goals, timeline, and budget expectations. Initial consultations may be provided free of charge or at a fee, as specified.

5.2 Proposal and Quotation

Following the consultation, we will provide a detailed proposal outlining project scope and objectives, deliverables and specifications, timeline and milestones, pricing and payment schedule, and terms specific to your project. Quotations are valid for 30 days unless otherwise stated.

5.3 Agreement and Commencement

Work will commence only after both parties sign a formal project agreement or contract, the required deposit is received, and all necessary project materials are provided.

5.4 Communication

We maintain clear and professional communication throughout the project. At project start, we will establish primary points of contact for both parties, preferred communication channels (email, Slack, etc.), expected response times, and meeting schedules and review processes.

6. Intellectual Property Rights

6.1 Our Pre-existing Materials

All pre-existing intellectual property owned by TechFista prior to the project remains our exclusive property, including but not limited to proprietary frameworks and libraries, code snippets and boilerplates, design templates and components, development tools and methodologies, and training materials and documentation. We may grant you a non-exclusive license to use such materials as part of your deliverables.

6.2 Client-Provided Materials

All content, images, logos, copy, brand assets, and other materials provided by you remain your property. You represent and warrant that you own or have the legal right to use and share such materials, the materials do not infringe on any third-party rights, and you grant us permission to use these materials for the project.

6.3 Project Deliverables

Upon full payment of all invoices, intellectual property rights for custom work created specifically for your project will transfer to you. This transfer includes custom designs, custom code, and project-specific assets. This transfer does not include our pre-existing materials or third-party assets. Until full payment is received, all deliverables remain our property.

6.4 Portfolio and Promotional Rights

Unless otherwise agreed in writing, we retain the right to display completed work in our portfolio (website, social media, marketing materials), describe our role in the project for promotional purposes, submit work for design awards and competitions, and use project screenshots in case studies. If you require confidentiality, please discuss this before project commencement.

6.5 Third-Party Assets and Licenses

Projects may include third-party assets subject to their own licenses, such as stock images and graphics, fonts and typography, open-source libraries and frameworks, plugins and extensions, and API integrations. We will inform you of any third-party dependencies and associated licensing requirements. You are responsible for maintaining compliance with these licenses.

7. Payment Terms

7.1 Pricing

Project pricing will be detailed in individual proposals. Pricing structures include Fixed Price (set fee for defined scope), Hourly Rate (charged per hour of work performed), Retainer (monthly fee for ongoing services), and Milestone-Based (payments tied to project phases).

7.2 Deposits

A non-refundable deposit is required before work commences, typically 30-50% of the total project cost. This deposit secures your place in our project schedule, is applied toward the final invoice, and is non-refundable if you cancel after work begins.

7.3 Payment Schedule

Payment schedules will be outlined in the project agreement. Common structures include:

• Small Projects: 50% deposit, 50% on completion
• Medium Projects: 40% deposit, 30% at midpoint, 30% on completion
• Large Projects: Custom milestone-based payments

7.4 Payment Methods

We accept payments via bank transfer (wire transfer), PayPal, Stripe (credit/debit cards), and other methods as agreed. All payments should reference the invoice number. You are responsible for any transaction fees unless otherwise agreed.

7.5 Late Payments

7.6 Taxes

All quoted prices are exclusive of applicable taxes (VAT, GST, sales tax, etc.) unless otherwise stated. You are responsible for any taxes applicable in your jurisdiction.

7.7 Refund Policy

Deposits are non-refundable once work has commenced. Payments for completed work are non-refundable. Refunds for incomplete work will be assessed on a case-by-case basis. Refunds, if approved, will be processed within 30 days.

8. Project Scope and Changes

8.1 Scope Definition

The project scope will be clearly defined in the project agreement, including features and functionality, design specifications, technical requirements, number of pages/screens, supported platforms and browsers, and content and asset requirements. Any work outside this defined scope is considered out of scope.

8.2 Change Requests

Changes to the agreed scope must be submitted in writing (email is acceptable), clearly described with desired outcomes, and approved before implementation. We will assess each change request and provide impact on project timeline, additional costs (if any), and a change order for your approval.

8.3 Scope Creep

"Scope creep" refers to gradual expansion of project requirements beyond the original agreement. To maintain project health, all additions require formal change requests, verbal requests are not binding, and we reserve the right to decline changes that significantly impact the project.

8.4 Revision Rounds

The number of revision rounds included will be specified in the agreement. Typically, Design Phase includes 2-3 rounds of revisions, Development Phase includes bug fixes and minor adjustments, and Additional Revisions are charged at our hourly rate. A revision round is defined as a consolidated set of feedback provided at one time.

9. Timeline and Delivery

9.1 Project Timeline

Estimated timelines will be provided in the project proposal. Timelines depend on project complexity and scope, your responsiveness and feedback speed, content and asset availability, and third-party dependencies. Start dates are confirmed only after deposit receipt and signed agreement.

9.2 Milestones

Projects are typically divided into milestones:

• Discovery & Planning: Requirements gathering, research, project planning
• Design Phase: Wireframes, mockups, design iterations
• Development Phase: Coding, integration, functionality implementation
• Testing & QA: Bug fixes, cross-browser testing, performance optimization
• Launch & Handover: Deployment, documentation, training

9.3 Client Responsibilities for Timely Delivery

Timely delivery depends on your prompt provision of complete project requirements and specifications, content (text, images, videos, etc.), brand assets (logos, style guides, etc.), access to necessary systems, accounts, or platforms, timely feedback and approvals (within 5 business days unless otherwise agreed), availability for scheduled meetings and reviews, and prompt payment according to schedule.

9.4 Rush Projects

Rush projects requiring expedited timelines may incur additional fees (typically 25-50% premium) based on urgency of deadline, current workload, and resource requirements.

9.5 Final Delivery

Upon project completion and full payment, we will deliver all agreed-upon design files (source files in original format), clean and documented source code, assets and graphics used in the project, documentation and style guides (if included), access credentials and login information, and training materials (if included).

10. Client Responsibilities

You agree to:

10.1 Project Requirements

• Provide clear, complete, and accurate project requirements
• Make timely decisions and approvals
• Designate a primary point of contact with decision-making authority
• Ensure all stakeholders are aligned before providing feedback

10.2 Content and Assets

• Supply all necessary content, assets, and information by agreed deadlines
• Ensure you have rights to all materials you provide
• Provide content in agreed formats and specifications
• Maintain backups of all content you provide

10.3 Feedback and Communication

• Review deliverables within agreed timeframes (default: 5 business days)
• Provide consolidated, clear, and actionable feedback
• Be available for scheduled meetings and check-ins
• Respond to communications within reasonable timeframes

10.4 Technical Requirements

• Provide access to necessary systems, hosting, and accounts
• Ensure your hosting environment meets technical requirements
• Maintain domain registration and hosting payments

10.5 Payments

• Make payments according to the agreed schedule
• Inform us promptly of any payment issues

11. Testing and Acceptance

11.1 Testing Period

Upon delivery of each milestone or final project, you will have a testing/review period (typically 5-10 business days), you should thoroughly test all functionality, and report any bugs, issues, or concerns during this period.

11.2 Bug Fixes

During the testing period, we will fix bugs and errors in our work, functionality that doesn't match agreed specifications, and cross-browser compatibility issues (for agreed browsers). This does not include new features or enhancements, changes to approved designs, or issues caused by your modifications or third parties.

11.3 Acceptance

Work is considered accepted when you provide written approval, OR the testing period expires without reported issues, OR you begin using the deliverables in production.

11.4 Post-Launch Support

After acceptance, a warranty period may apply (specified in agreement), additional support is available at our hourly rate, and maintenance packages are available for ongoing needs.

12. Hosting, Domains, and Third-Party Services

12.1 Hosting

Unless otherwise agreed, you are responsible for arranging and paying for web hosting. We can recommend hosting providers suitable for your project and assist with hosting setup for an additional fee. We are not responsible for hosting provider issues, downtime, or data loss.

12.2 Domain Names

You are responsible for domain registration and renewal. We recommend registering domains in your own name/account. We can assist with domain setup and DNS configuration. We are not responsible for domain expiration or transfer issues.

12.3 Third-Party Services

Projects may require third-party services such as payment gateways (Stripe, PayPal, etc.), email services (Mailchimp, SendGrid, etc.), analytics (Google Analytics, etc.), and APIs and integrations. You are responsible for account setup and subscription fees, compliance with third-party terms of service, and ongoing maintenance of these accounts.

12.4 Service Continuity

We are not responsible for changes, discontinuation, or issues with third-party services that may affect your project.

13. Warranties and Limitations

13.1 Service Warranty

We warrant that services will be performed in a professional manner consistent with industry standards, deliverables will substantially conform to agreed specifications, and we have the skills and expertise to perform the services.

13.2 Bug Fix Warranty

We provide a warranty period (typically 30-60 days, as specified) after project completion during which we will fix bugs and errors in our code, and functionality issues not matching specifications. This warranty does not cover issues caused by your modifications, third parties, or hosting environment.

13.3 No Guarantee of Results

We do not guarantee specific business outcomes or ROI, search engine rankings or SEO results, conversion rates or sales performance, compatibility with future browser or platform updates, or uninterrupted or error-free operation.

13.4 Limitation of Liability

13.5 Indemnification

You agree to indemnify, defend, and hold harmless TechFista and its team from any claims, damages, losses, and expenses (including legal fees) arising from your breach of these terms, your use of the deliverables, content or materials you provide, your violation of third-party rights, and your violation of applicable laws.

13.6 Force Majeure

Neither party shall be liable for delays or failures resulting from circumstances beyond reasonable control, including natural disasters, pandemics, or epidemics, war, terrorism, or civil unrest, government actions or regulations, internet outages or infrastructure failures, and power outages.

14. Confidentiality

14.1 Definition

Confidential information includes all non-public information shared between parties, including but not limited to business strategies and plans, financial information and pricing, technical specifications and architecture, designs, code, and prototypes, customer and user data, marketing and sales information, and any information marked as confidential.

14.2 Obligations

Both parties agree to maintain strict confidentiality of all confidential information, use confidential information only for the purpose of the engagement, not disclose confidential information to third parties without written consent, take reasonable measures to protect confidential information, and limit access to confidential information to those who need it.

14.3 Exclusions

Confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party before disclosure, is independently developed without use of confidential information, is received from a third party without confidentiality obligations, or is required to be disclosed by law (with notice to the disclosing party).

14.4 Return of Materials

Upon request or termination, each party will return or destroy confidential materials, electronic copies will be permanently deleted, and confirmation of destruction may be requested.

14.5 Duration

Confidentiality obligations survive termination of the agreement for a period of three (3) years.

15. Data Protection and Privacy

15.1 Compliance

We handle all personal data in accordance with applicable data protection laws (GDPR, CCPA, etc.), our Privacy Policy, and industry best practices.

15.2 Data We Collect

In the course of providing services, we may collect contact information (name, email, phone), business information (company name, address), project-related information, and communication records.

15.3 Data Use

We will only use your data to deliver our services, communicate about your project, send invoices and process payments, improve our services, and comply with legal obligations.

15.4 Data Sharing

We do not sell your data. We may share data with team members working on your project, service providers essential to project delivery, and legal authorities when required by law.

15.5 Your Rights

You have the right to access your personal data, correct inaccurate data, request deletion of your data, withdraw consent, and lodge complaints with supervisory authorities.

15.6 Data Security

We implement reasonable security measures including secure password practices, encrypted communications where appropriate, limited access to sensitive information, and regular security reviews. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

15.7 Data Breach

In the event of a data breach affecting your information, we will notify you promptly, take steps to mitigate the breach, cooperate with investigations, and comply with legal notification requirements.

16. Non-Solicitation

16.1 Team Members

During the project and for twelve (12) months after completion, you agree not to directly solicit, recruit, or hire any TechFista team member who worked on your project without our written consent.

16.2 Exception

This does not prevent hiring through general public job postings not specifically targeted at our team members.

17. Subcontracting

17.1 Right to Subcontract

We reserve the right to subcontract portions of the work to qualified third parties, including specialized developers or designers, freelancers and contractors, and partner agencies.

17.2 Responsibility

We remain responsible for quality of subcontracted work, subcontractor compliance with confidentiality obligations, and overall project delivery.

17.3 Notification

For significant portions of work, we will inform you of subcontracting arrangements upon request.

18. Termination

18.1 Termination by Either Party

Either party may terminate the agreement with written notice as specified in the project agreement (typically 14-30 days notice).

18.2 Termination for Cause

Either party may terminate immediately if the other party materially breaches the agreement and fails to cure within 14 days of written notice, becomes insolvent, files for bankruptcy, or ceases operations, engages in illegal, fraudulent, or unethical conduct, or fails to make payments as agreed (after 30 days overdue).

18.3 Termination by You

If you terminate without cause, all outstanding invoices become immediately due, you will pay for all work completed up to the termination date, deposits are non-refundable, and a kill fee may apply (typically 20-25% of remaining project value).

18.4 Termination by Us

If we terminate without cause, we will deliver all work completed to date, refunds will be calculated based on work not yet performed, and we will provide reasonable transition assistance.

18.5 Effects of Termination

Upon termination, all outstanding invoices become immediately due, access to work-in-progress may be withheld until payment, upon full payment, completed work will be delivered, each party will return or destroy the other's confidential information, and licenses granted under this agreement may terminate.

18.6 Project Abandonment

18.7 Survival

The following provisions survive termination: intellectual property rights (for paid work), confidentiality obligations, limitation of liability, payment obligations, indemnification, and dispute resolution.

19. Dispute Resolution

19.1 Good Faith Negotiation

In the event of any dispute arising from these terms or our services, both parties agree to first attempt resolution through good faith negotiation, each party will designate a representative to discuss the dispute, and negotiations should begin within 14 days of written notice of dispute.

19.2 Mediation

If negotiation fails to resolve the dispute within 30 days, parties agree to attempt mediation before pursuing legal action, mediation will be conducted by a mutually agreed mediator, costs of mediation will be shared equally, and mediation discussions are confidential.

19.3 Arbitration

If mediation is unsuccessful, disputes may be resolved through binding arbitration. Arbitration will be conducted under rules mutually agreed upon, the arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

19.4 Legal Proceedings

Either party reserves the right to seek injunctive or other equitable relief in court to protect intellectual property rights or confidential information without first pursuing mediation or arbitration.

19.5 Prevailing Party

The prevailing party in any dispute resolution process may be entitled to recover reasonable legal fees and costs.

20. General Provisions

20.1 Independent Contractor

TechFista operates as an independent contractor. Nothing in these terms creates an employment, partnership, joint venture, or agency relationship between us.

20.2 Assignment

You may not assign your rights or obligations under these terms without our written consent. We may assign our rights to a successor entity or in connection with a business transfer. Subject to the above, these terms bind the parties and their successors.

20.3 Entire Agreement

These terms, together with any project agreements, proposals, and change orders, constitute the entire agreement between the parties. They supersede all prior discussions, negotiations, and agreements.

20.4 Amendments

We may update these terms at any time by posting the revised version on our website. Significant changes will be communicated to active clients. Continued use of our services after changes constitutes acceptance. Project-specific terms can only be modified in writing signed by both parties.

20.5 Severability

If any provision of these terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

20.6 Waiver

Failure to enforce any provision does not waive the right to enforce it later. Waiver of any breach does not waive subsequent breaches. Any waiver must be in writing to be effective.

20.7 Third-Party Rights

These terms do not confer any rights on third parties. Nothing in these terms is intended to benefit anyone other than the parties.

21. Governing Law and Jurisdiction

21.1 Governing Law

These terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

21.2 Jurisdiction

The courts shall have exclusive jurisdiction over any disputes arising from these terms, subject to the dispute resolution provisions above.

21.3 International Clients

For international clients, these terms still apply, additional international trade laws may apply, and currency and payment terms will be specified in the project agreement.

22. Contact Information

Acknowledgment

Last reviewed: January 2025. These Terms & Conditions are subject to change. Please check this page periodically for updates.

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