Terms & Conditions Agreement

These Terms of Business are intended to govern the business relations between Development Den™. and its clients. Based on these Terms of Business, Development Den™ shall provide you with software development services and tangential requests ONLY.

Index

Member Establishment

This Site and the Services are available only to Customers (“Customer”, “Client” or “You”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the State of California within the United States of America, or another applicable jurisdiction.

These Terms of Business shall form an integral part of any agreement concluded between the you (“Client”) and . order form either by way of online order or paper form (“Agreement”). By entering into an Agreement with Development Den™ (“Development Den™”, “Business”, “Company” of “We”), the Client accepts these Terms of Business. A price list and a list of services can always be requested on the website of Development Den (www.devsden.io).

Any Terms of Business which deviate from, contradict, or supplement these Terms of Business shall not become a part of any Agreement, unless otherwise specifically agreed in writing between the Client and Development Den™.

Primary Considerations

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

You will not use this Site or the Services in a manner (as determined by Development Den). in its sole and absolute discretion) that:

  • Is illegal or promotes or encourages illegal activity.
  • Promotes, encourages, or engages in child pornography or the exploitation of children.
  • Promotes, encourages, or engages in terrorism, violence against people, animals, or property.
  • Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking.
  • Infringes on the intellectual property rights of another User or any other person or entity.
  • Violates the privacy or publicity rights of another User or any other person or entity or breaches any duty of confidentiality that you owe to another User or any other person or entity.
  • Interferes with the operation of this Site or the Services found at this Site.
  • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging, or limiting the functionality of any software or hardware.

Communication Methods

All communications must be confirmed via email for a formal method of carrying out advances. Text messages of any kind requesting changes to the website will not be considered until the same writing is received via email. The intent behind this line of communication is to develop a clear record of all of stages of development, for both the customer’s and Development Den’s conveniences. 

Payments & Transaction Mediums

The client must pay upfront costs detailed on the agreement made. The Payment Methods established for Development Den shall be as a credit card on the website, by a PayPal account designated by Development Den™, or an indicated bank account by a member of Development Den™ via email only.

We will always let you know the total amount via email prior to any client making a payment. If an individual claims to work for Development Den™ and tells you to pay them to their own bank account, don’t do it. This is not authorized by us, and we will always confirm with you via email prior to charging you.

If at any point the business’ bank account(s) is(are) not available, a PayPal or another Invoice will be created to reflect the corresponding charges made for the service(s) offered. 

The banking fees will be assumed by the website payment if the total cost exceeds $2000. Otherwise, the fees must be undertaken by the customer. the customer will be notified if they want to increase the cost prior to the change taking place, or if a change in the workflow of any project is needed to adhere to the original price.

Refunds, Late Payments & Incomplete Work

If there are any changes to the initially agreed terms occur for a project, the customer will be notified if they want to increase the cost prior to the change taking place, or if a change in the workflow of the website is needed to adhere to the original price. If the customer is dissatisfied with the overall product, for up to 15 days the customer can request a full refund, no questions asked.

If the developer fails to perform the work in accordance with the terms of this agreement, the customer will have the right to request a 10% discount in the overall price. Alternatively, the customer may terminate the agreement if the developer does not remedy the default within 7 days after the completion date. Once the project is complete, the developer(s) will permanently log out of any accounts the customer provided them access to  (and no member from Development Den™ will have future intervention in any account).

Data Backups

When a service/project is complete, all data pertaining to the website will be kept up to 60 days of delivery on the developer’s hardware on the customer’s request.  This is in case the customer loses their files or backups. Backups of their data can be requested to be deleted at any moment, and if they choose to be kept for longer, this can be done freely for an additional 30 days.

If the customer needs a backup for longer, a small fee can be negotiated. If the maintenance service is requested, the developer(s) will have 1 backup of the most recent month while the maintenance service is in place. If the maintenance service is terminated at any point, a backup will automatically be kept (unless otherwise requested) with following the aforementioned policy.

The backup and other files Development Den™ maintains will not be used for other commercial and non-commercial purposes, and will only be maintained as a means of storage. If any other data found within a customer’s site and/or a backup encounters copyright, the customer is responsible. Development Den™ explicitly states that all shown on sites is provided by the customers, as the media acquired if a service for it is requested is obtained legitimately.

Domains, Hosting and Recurrent Expenses

Hosting setup is included in all webpage creation agreements. However, Domains are always provided by the customer, and then linked to their website during development. If the customer is pending acquisition of a domain name, a temporary web address is automatically assigned the site and will have the desired domain linked later during development. The customer can always decide the hosting and creation platforms of choice for the website (some options include WordPress, GoDaddy, Blue Host, etc.).  The security of a website is not offered by Development Den™ as we only focus on assembling the software for your business usage, the security relies on the company/companies used for web hosting.

Due to industry standards, there are also recurrent costs to consider, primarily (but not limited to): the domain name, monthly subscription(s) to the software running the website, an administrator email and an information/contact email associated to the domain name for administrative purposes. Each website will include a monthly/yearly fee for owning the domain name as well as the software keeping the website operational, of which fall on the customer’s responsibility to remain up to date. Please refer to your chosen platform for payment plans and costs. 

Finally, when creating a website, third-party programs can be used to enhance functionality. However, only the free features of third-party software will be used to keep overall recurrent expenses as low as possible. 

Limitation of Liability

To provide better recommendation services to You, you agree that We can reasonably send You commercial advertisements, Development Den™ latest information about services and products, and other service notices that are necessary to inform You, or show You personalized third party promotional information through our website, including but not limited to system notifications, SMS, and email. In case You do not wish to receive such information, you can unsubscribe or contact corresponding staff to assist you.

Development Den™ is liable for erroneous development and delivery of a service and/or product, and any erroneous immediate support provided by the staff within the list of services provided. Development Den™ is not responsible for the damages caused by your access and use of our services. products and related services, not liable for direct, indirect, occasional, special, punitive damages or all other damages caused by your access and use of Development Den™ and related services, notwithstanding the possibility of being informed of the existence of damages in advance. Should You be dissatisfied with some, or all the services provided by Development Den™, you shall cease to use such services.

Given the different laws, regulations, and policies of different countries, Development Den™ will adopt technical means to circumvent the acquisition or usage information that violates the laws, regulations, and policies of the visiting countries, resulting in the display or provision of information or services can be slightly different when the buyer users of different countries visit or use Development Den™, which does not constitute a breach of contract by Development Den™, and Development Den™ shall not assume any responsibilities. Any loss caused to Development Den™ due to the circumstances, you shall also undertake to make full compensation, including but not limited to direct and indirect losses of Development Den™ and reasonable expenses such as attorney’s fees, transportation fees, notary fees, translation fees, etc. for claiming the losses.

Law and Jurisdiction

Some important elements to consider regarding laws, conflicts, unexpected circumstances, and settlements:

  1. The laws and regulations of the State of California within the United States of America shall apply to the conclusion, amendment, execution, and interpretation of this Agreement, as well as to the settlement of disputes related to this Agreement. Should there be a lack of definite legal provisions on a particular matter related to this Agreement, reference shall be made to common international business practices and industry practices.
  2. Should any provision of this Agreement be wholly or partially invalid or unenforceable for any reason of any kind, the remaining provisions of this Agreement shall continue to be valid and binding.
  3. International Court shall be applicable to any cases outside of the jurisdiction of the State of California in the United States of America shall Development Den™ share responsibility in any business transaction or operation and will act complying with the overseer organization in any investigations or laws to resolve the issue(s) present.
  4. Regarding the following force majeure factors that lead to obstacles of fulfillment, defects, delay, and changes of content of the services, Development Den™. does not assume the corresponding liability for breach of contract. A reasonable measure will be taken by Development Den™. promptly to minimize the possible damages incurred to You:
    • In the event of natural disasters, strikes, riots, wars, governmental acts, orders of domestic or foreign courts or tribunals, etc.
    • Any factors affecting normal network operation due to power supply failure and particular features of the Internet, including hacker attacks, Internet connection interruptions or impacts due to system failures, technical adjustments by telecommunications departments, and temporary shutdowns resulting from government.
    • Company regular or emergency equipment and system maintenance, equipment and system failure, network information and data security, and other factors.
  5. You acknowledge and agree that Development Den™ is not a professional judicial institution, we can only judge the evidence submitted by the parties with the knowledge of the public, and do not guarantee that the result can meet your expectation, nor do We assume any responsibility for the result.  If  you are not satisfied with the outcome, you still reserve the right to resolve the dispute through other dispute resolution procedures, yet You shall be bound to accept or comply with the outcome of Development Den™ and the decision(s) reached before obtaining a final decision through other dispute resolution procedures.

Changes to Terms & Conditions

Any changes to this privacy policy will be posted here and unless otherwise noted on our website, and updates provided on the Terms of Service are not as common. Development Den does recommend periodically revisiting this agreement, as anytime a law is passed and enacted in a region where we conduct business, expect the corresponding amendments to be reflected on this Terms of Service Agreement for compliance.

Published: August 20th, 2023

Last Updated:, January 6th, 2024