Terms & Conditions.
These Terms and Conditions explain the rules governing your use of the Dev & Des website, digital services, design services and project deliverables.
By accessing our website, submitting an inquiry, placing an order or using any Dev & Des service, you acknowledge that you have read, understood and agreed to these Terms and Conditions.
Introduction
These Terms and Conditions govern your access to and use of the Dev & Des website, communications, creative services, digital services, project deliverables and related facilities.
By using this website or purchasing any service from Dev & Des, you agree to accept these Terms and Conditions in full. When you do not agree with any portion of these terms, you must discontinue your use of the website and services.
You must be at least 18 years old or legally capable of entering into a binding agreement in your jurisdiction. By using the website, you represent that you satisfy this requirement.
Our website may use cookies and related technologies to improve user experience, website performance and service functionality. Your use of the website is also subject to our Privacy Policy.
License to Use the Website
Unless otherwise stated, Dev & Des and its licensors own the intellectual property rights in the website, its interface, graphics, text, layouts, branding elements and other published materials.
You may view website pages, temporarily download pages for browser caching and print pages for your own personal and non-commercial use, subject to these Terms and Conditions.
- Republish website material on another website or platform.
- Sell, rent, sublicense or commercially distribute website content.
- Publicly display protected material without written authorization.
- Copy, duplicate or exploit website material for commercial purposes.
- Modify, edit, reverse-engineer or manipulate protected website material.
- Redistribute content unless it has specifically been made available for redistribution.
- Remove copyright, trademark, ownership or attribution notices from any material.
Restricted Access
Dev & Des may restrict access to particular parts of the website, client portals, project files, administrative areas or the entire website whenever reasonably necessary.
When you receive a username, password or private access link, you are responsible for protecting those credentials and preventing unauthorized use.
Dev & Des may suspend or disable access credentials when misuse, security risks, payment disputes, prohibited activity or violations of these terms are identified.
User and Client Content
“Client Content” includes any text, logos, photographs, illustrations, audio, video, business information, product information, login credentials, documents or other materials you submit to Dev & Des.
You confirm that you own, control or have obtained lawful permission to use all Client Content supplied to us. Client Content must not:
- Be illegal, fraudulent, misleading, defamatory or threatening.
- Infringe another party’s copyrights, trademarks or privacy rights.
- Contain viruses, malicious code or harmful software.
- Violate any applicable law, regulation or contractual obligation.
- Be connected to pending or threatened legal proceedings without appropriate disclosure.
Dev & Des may refuse, remove, suspend or request replacement of content that appears unlawful, unsafe, misleading, offensive or inconsistent with these terms.
Content Policy
Unless a content-writing service is specifically included in your selected package or proposal, the client is responsible for providing complete and final content required for the project.
Client-supplied content may include headings, website copy, company information, service descriptions, biographies, images, logos, product details, pricing, policies and contact information.
Clients must provide the final text, images, branding assets, contact details and page requirements unless otherwise agreed.
Clients must provide product names, prices, images, descriptions, categories, shipping information and applicable policies.
Placeholder text, stock previews or sample assets may be used to demonstrate layouts until final content is supplied.
The client is responsible for checking spelling, prices, contact details, legal statements and factual accuracy before approval.
Project Process and Client Responsibilities
The project scope, estimated timeline, deliverables and pricing will be based on the package, invoice, written proposal or service agreement approved by the client.
The client is responsible for:
- Providing a clear and complete project brief.
- Supplying requested materials within the agreed timeframe.
- Providing consolidated and understandable feedback.
- Reviewing drafts and responding without unreasonable delay.
- Obtaining required licenses, permissions and legal approvals.
- Verifying all final content and deliverables before approval.
Delays in receiving content, access details, approvals, feedback or payment may extend the delivery timeline. Dev & Des will not be responsible for delays resulting from incomplete or delayed client cooperation.
Revisions and Change Requests
The number and type of revisions included in a project depend on the selected package, invoice or written agreement.
A revision means a reasonable adjustment to an existing concept. A request for a completely different concept, substantial change in project direction, additional pages, new features or work outside the approved scope may be treated as additional work.
Out-of-scope changes may require additional fees and may affect the original delivery schedule. Dev & Des will communicate such charges before undertaking substantial additional work.
Once a design, website, animation, branding concept or other deliverable has been approved, later changes may be separately charged.
Payments and Project Commencement
Projects may require an advance payment, milestone payment or full payment before work begins. The required payment arrangement will be stated in the relevant quotation, invoice or agreement.
- Work may not commence until the required initial payment has cleared.
- Final files, website transfer or ownership rights may be withheld until all outstanding amounts are paid.
- Third-party expenses such as hosting, domains, plugins, software, stock assets or licensing may be charged separately.
- Unpaid invoices may result in suspension of project work, website management or support services.
- The client is responsible for reviewing invoice descriptions and raising concerns promptly.
Refund and Cancellation Policy
Refund eligibility depends on the project stage, completed work, selected package, requested revisions and the terms stated in the client’s proposal or invoice.
- The client purchased a custom or specially discounted package.
- The initial design concept has been approved.
- The client has requested one or more revisions.
- The cancellation relates to circumstances unrelated to Dev & Des.
- The client has not communicated with Dev & Des for more than fourteen consecutive days after project commencement.
- The client has violated these Terms and Conditions or an applicable policy.
- Another designer, developer or service provider has been engaged for the same assigned project.
- The client provided an incomplete or inaccurate project brief.
- The client changed the original concept, business direction or project requirements.
- The permitted refund-request period has expired.
- The client closes, renames, restructures or changes the direction of their business.
- The cancellation results from a change of mind, internal disagreement or dispute between the client and their partners.
- The client has approved or accepted the final deliverables.
- The client has accepted or requested multiple rounds of revision.
- The client fails to provide the initial brief or requested materials within ten days of placing the order.
- Work has already been completed proportionate to or exceeding the payment received.
For bundled services, dissatisfaction with one element does not automatically entitle the client to a refund for the entire bundle. Any approved adjustment will be assessed only against the affected service.
After an approved refund, the client may not use, reproduce, publish, distribute or claim ownership of any complete or incomplete concept associated with the refunded project. Those concepts remain the property of Dev & Des.
How to request a refund
Send an email to info@devanddes.com using the subject line “Refund Request – Order ID”. Include the order number, service name, payment date and a clear explanation of the request.
You may also contact Dev & Des by telephone at (331) 684-4010.
Money-Back Guarantee
When a money-back guarantee is expressly included with a package, it may remain valid for up to 30 days from the order date, subject to all applicable conditions.
The guarantee is generally available only before the client requests a revision, alteration or further development of an initial concept. Requesting a revision indicates acceptance of the initial direction and authorization to continue the service.
Custom development, third-party purchases, completed work, approved deliverables and services already consumed may be excluded from any money-back guarantee.
Intellectual Property and Ownership
Until all applicable invoices have been paid, drafts, concepts, source files, working files, code, layouts and other project materials remain the property of Dev & Des.
Upon receipt of full payment, the client will receive the usage or ownership rights specifically included in the selected package or written agreement.
Unless otherwise agreed in writing, Dev & Des may display completed public-facing work in its portfolio, website, presentations, case studies and marketing materials.
Third-party fonts, plugins, stock images, templates, software and licensed assets remain subject to their original licensors’ terms. Such items may not be transferred beyond the rights permitted by the applicable license.
Limitations of Warranty
The website and general information available through it are provided on an “as available” and “as is” basis, except where a written service agreement expressly states otherwise.
Dev & Des does not guarantee that:
- The website will always operate without interruption.
- Every part of the website will always be error-free.
- All information will remain current in every circumstance.
- Third-party services will remain continuously available.
- A website, design or marketing service will produce a particular commercial, financial or performance result.
Website information is not intended as legal, financial, medical or other regulated professional advice. Appropriate professional advice should be obtained where required.
Limitations of Liability
To the maximum extent permitted by applicable law, Dev & Des will not be responsible for indirect, incidental, special, punitive or consequential losses arising from use of the website or services.
Such losses may include:
- Loss of revenue, profits, anticipated savings or business opportunities.
- Loss of contracts, customers, goodwill or reputation.
- Loss, corruption or unauthorized access to information or data.
- Business interruption or disruption caused by third-party services.
- Errors resulting from inaccurate content, credentials, instructions or materials provided by the client.
Dev & Des will not be responsible for outages, policy changes, account restrictions, security incidents or service failures caused by third-party hosting companies, domain providers, payment gateways, plugins, social networks, search engines or external platforms.
Exceptions
Nothing in these terms excludes or limits liability where exclusion would be unlawful, including liability arising from fraud, fraudulent misrepresentation, or death or personal injury caused by proven negligence where applicable law does not permit exclusion.
Indemnity
You agree to indemnify and hold harmless Dev & Des, its employees, contractors, representatives and service providers from reasonable losses, liabilities, costs and expenses resulting from:
- Your breach of these Terms and Conditions.
- Your unlawful use of the website or services.
- Content or materials supplied by you.
- Claims that your supplied materials infringe third-party rights.
- Your violation of applicable law or regulation.
Breaches of These Terms
When you breach these Terms and Conditions, Dev & Des may take appropriate action, including:
- Issuing a warning or requesting corrective action.
- Suspending or terminating website or portal access.
- Suspending or cancelling an active project.
- Blocking access from specific devices or IP addresses.
- Withholding deliverables while an outstanding issue remains unresolved.
- Contacting relevant service providers or legal authorities.
- Initiating legal proceedings where reasonably necessary.
Inactive, Abandoned and Closed Projects
A project may be treated as inactive or abandoned when the client fails to provide required feedback, approvals, materials, specifications or written communication for at least 30 consecutive days.
Reactivation of an inactive project may be subject to revised pricing, rescheduling, updated technical requirements or a reactivation fee.
A project may be considered closed when it has been delivered in full or when completed deliverables remain unclaimed for at least 60 days.
Dev & Des may not be responsible for retaining working files, backups, source files or unclaimed deliverables indefinitely after a project has been closed.
General Provisions
Reasonableness
By using the website and services, you agree that the limitations and exclusions contained in these terms are reasonable.
Other Parties
You agree not to bring personal claims against individual employees, contractors or representatives for losses connected with the website or services.
Variation
Dev & Des may update these terms periodically. Updated terms become effective when published on this page.
Assignment
Dev & Des may transfer or subcontract its rights and obligations where appropriate. Clients may not transfer an agreement without written approval.
Severability
When one provision is found unlawful or unenforceable, the remaining provisions will continue in effect.
Entire Agreement
These terms, together with an accepted proposal, invoice and related policies, form the agreement governing the relevant website use or service.
No Waiver
Failure to enforce a provision immediately does not waive the right to enforce that provision later.
Written Communication
Email, invoices, approved proposals and written project messages may be used as evidence of agreed instructions and approvals.
Contact Information
Questions concerning these Terms and Conditions may be directed to Dev & Des through the contact details below.
By continuing to use the Dev & Des website or services, you confirm that you accept and agree to comply with these Terms and Conditions.
Our Team Is Ready to Help.
Contact Dev & Des regarding any question about our terms, services or project policies.