TERMS AND CONDITIONS

These Terms and Conditions govern the use of NearshoreDevelopmentTeam.com and define the contractual framework under which development and related services are provided.

Terminology

For the purposes of these Terms:

  • Agreement refers to the accepted proposal, these Terms and Conditions, and any related documentation agreed between the parties.
  • Client Materials means any content, data, files, text, images, or instructions supplied by the client for use in the project.
  • Services are the software development and related services provided by NearshoreDevelopmentTeam.com under an agreed scope.
  • Project means the work described in the accepted proposal.
  • Deliverables are the outputs produced as part of the Services.
  • Final Deliverables are the completed Deliverables approved by the client.
  • Internal Tools include frameworks, code libraries, utilities, workflows, design systems, and technical methods developed or owned by us.

Third-Party Assets include materials licensed or sourced from external providers, such as stock images, fonts, or software.

Development Services

We will perform the Services in accordance with the scope, milestones, and timelines defined in the accepted Agreement. Any work outside the agreed scope requires written approval.

Proposals and Scope

Proposals remain valid for 30 calendar days from the date of issue. If not accepted within this period, we reserve the right to revise pricing, scope, or timelines before resubmission.

Fees and Costs

  • Fees: Service fees and applicable taxes are payable according to the agreed project milestones.
  • Additional Costs: Third-party expenses such as hosting, licenses, or external services are charged separately and are not included unless explicitly stated.
  • Expenses: Approved expenses are billed at cost.

Payments

  • Invoices are payable within 5 days of issuance.
  • Payment schedules follow the milestones defined in the Agreement.

Changes to Scope

  • Change Requests: All requested modifications must be submitted in writing. We will respond within 5 business days with an impact assessment covering cost, timeline, and scope.
  • Minor Adjustments: Changes assessed as limited in effort (generally under 20% of the original project value) may be billed at standard hourly rates and may affect delivery timelines.
  • Substantial Modifications: If requested modifications substantially expand the project (more than 20%), an updated or separate proposal will be required. No further work will proceed until the revised terms are formally approved.
  • Proposal Acceptance: Change proposals must be approved within 14 business days. Unapproved proposals do not obligate us to proceed.

Project Delays

  • Client-Related Delays: Failure to provide feedback, approvals, or materials on time results in equivalent extensions to project deadlines.
  • Our Delays: If delays arise due to our internal issues, we will notify the client promptly.
  • External Factors: Events outside the reasonable control of either party (including force majeure events) extend timelines without constituting a breach of contract.

Review and Acceptance

  • Deliverables are internally tested prior to submission.
  • The client has 7 business days to approve or reject Deliverables with written feedback.
  • Revisions will be addressed within 14 business days, followed by a final 7-day review period.

Client Responsibilities

The client agrees to:

  • Provide materials that are legally usable and technically compatible
  • Ensure accuracy and proofreading of supplied content
  • Make decisions regarding third-party services without delay

Corrections caused by client-provided errors may be billed additionally.

Attribution and Public Display

  • Credit: Unless otherwise agreed, we may include a discreet attribution link within delivered work.
  • Portfolio Use: We may display completed projects for marketing, portfolio, or professional purposes.
  • Mutual Promotion: Neither party shall unreasonably deny acknowledgment of the other’s role in a project.

Confidentiality

Any information identified as confidential must be treated as such by both parties. Confidentiality does not apply to information that:

  • Was already known without restriction
  • Becomes public through no fault of the receiving party
  • Is lawfully disclosed by a third party

Working Relationship

  • Contractors: We may engage subcontractors while remaining fully responsible for the delivered work.
  • Non-Exclusivity: Both parties remain free to engage with other businesses.
  • Independent Status: Nothing in this Agreement creates an employment, partnership, or agency relationship. Services are not considered “work made for hire” unless expressly stated.

Limitation of Liability

Services are provided “as is.” Our total liability, if any, is limited to the total fees paid by the client for the relevant Services. We are not responsible for indirect or consequential losses.

Rights and Usage

Upon full payment, the client receives a non-exclusive, perpetual license to use the Final Deliverables as agreed. Modification, redistribution, or derivative use requires written consent.

Support and Maintenance

Post-delivery support, updates, or maintenance may be provided at standard hourly rates unless otherwise agreed. Responsibility ends if third parties alter the Deliverables.