01
Agreement to Terms
By accessing our website at kinetixdev.com, requesting a quote, or entering into a project agreement with Kinetix Web Development ("Company", "we", "us", "our"), you confirm that you have read, understood, and agree to be bound by these Terms.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. These Terms apply to all clients, visitors, and users of our services.
02
Services
Kinetix Web Development offers the following core services:
- Custom website design and development (front-end and full-stack)
- E-commerce store development (Shopify, WooCommerce, custom)
- Web application development (React, Next.js, Node.js, etc.)
- Search engine optimisation (SEO) and performance audits
- Website maintenance, hosting support, and post-launch care
- Consulting and technical strategy
Exact deliverables for each project are defined in the individual project proposal or Statement of Work ("SOW") agreed upon before work begins. The SOW supersedes any general description of services in these Terms where there is a conflict.
03
Payment & Billing
Deposit
All projects require a non-refundable deposit of 50% of the total project fee before work commences. This deposit secures your spot in our schedule and covers initial design and planning work.
Final Payment
The remaining balance is due upon project completion and before the final deliverables (source files, live site access, or deployment) are handed over. Failure to pay the final balance within 14 days of the completion notice may result in the project files being withheld and/or the site being taken offline.
Invoices & Late Fees
Invoices are issued via Discord or email. Payments past the due date incur a late fee of 5% of the outstanding amount per 30-day period.
Accepted Payment Methods
We accept bank transfer (SEPA/SWIFT), PayPal, and cryptocurrency (BTC, ETH, USDT). All fees are quoted in USD unless otherwise agreed.
04
Intellectual Property
Upon receipt of full payment, the client receives full ownership of the final deliverables specific to their project (custom design assets, bespoke code written for the project).
We retain ownership of:
- Proprietary frameworks, boilerplates, and reusable code libraries developed by Kinetix prior to or outside the scope of the project.
- Any concepts, wireframes, or designs presented but not selected by the client.
We reserve the right to display completed projects in our portfolio and marketing materials unless the client requests otherwise in writing.
Third-party assets (stock photos, fonts, plugins, themes) remain subject to their respective licences. The client is responsible for obtaining and maintaining any required third-party licences after handover.
05
Client-Supplied Content
The client is responsible for providing all text, images, logos, brand guidelines, and other content required for the project in a timely manner. Delays in content delivery may shift project timelines and are not the responsibility of Kinetix Web Development.
By supplying content, the client warrants that:
- They own or have the necessary licences and rights to use all supplied materials.
- The content does not infringe upon any third-party intellectual property, privacy, or other rights.
- The content does not violate any applicable law or regulation.
The client agrees to indemnify and hold Kinetix Web Development harmless from any claims arising from the use of client-supplied content.
06
Timeline & Revisions
Estimated project timelines are provided in good faith based on the agreed scope. Timelines may be affected by:
- Late delivery of client-supplied content or feedback.
- Scope changes requested by the client after the project begins.
- Unforeseen technical constraints.
Each project package includes a set number of revision rounds as specified in the SOW. Additional revision rounds beyond the agreed number will be billed at our standard hourly rate of $75 USD/hour.
A "revision" is defined as a change within the original agreed scope. Requests that significantly alter the scope (new features, different design direction, additional pages) are treated as scope additions and quoted separately.
07
Warranty & Support
We provide a 30-day bug-fix warranty from the date of project handover. During this period we will fix any defects in our work at no additional charge.
The warranty does not cover:
- Issues caused by modifications made by the client or a third party after handover.
- Incompatibilities introduced by third-party plugin or platform updates.
- New feature requests or design changes.
- Issues arising from the client's hosting environment.
Ongoing maintenance, hosting support, and extended support plans are available as separate monthly retainer packages. Contact us on Discord for details.
08
Limitation of Liability
To the maximum extent permitted by applicable law, Kinetix Web Development shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including, but not limited to, loss of profits, data, or business opportunities — arising out of or related to our services.
Our total aggregate liability for any claims arising from a specific project shall not exceed the total fees paid by the client for that project.
We do not guarantee specific search engine rankings, traffic numbers, or conversion rates. SEO results depend on many factors outside our control.
09
Termination
By the client: The client may terminate the project at any time with written notice. The deposit is non-refundable. Any work completed beyond the deposit value will be invoiced at our hourly rate and is due upon termination. Completed deliverables will be released upon payment of the final invoice.
By Kinetix Web Development: We reserve the right to terminate a project immediately if the client engages in abusive behaviour toward our team, fails to make payment, or asks us to produce content that is illegal, defamatory, or otherwise harmful. In such cases, no refund of the deposit will be issued.
10
Disputes & Governing Law
In the event of a dispute, both parties agree to first attempt to resolve the matter in good faith through direct communication via Discord or email within 30 days.
If a resolution cannot be reached, disputes shall be resolved through binding arbitration. These Terms are governed by applicable international commercial law. Nothing in these Terms limits a consumer's statutory rights under their local jurisdiction.
11
Changes to Terms
We may update these Terms from time to time to reflect changes in our practices or for legal reasons. We will notify active clients of material changes via Discord or email. The "Last updated" date at the top of this page will always reflect the most recent revision.
Continued use of our services after changes are posted constitutes acceptance of the revised Terms.