Terms of Service

Last updated: June 15, 2024

1. Introduction and Acceptance

Welcome to Forging Dev. These Terms of Service ("Terms") govern your use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy.

Please read these Terms carefully before using our services. If you do not agree with any part of these Terms, you may not use our services.

2. Definitions

Company/We/Us: Refers to Forging Dev, our employees, contractors, and representatives.
Services: Refers to any services provided by Forging Dev, including but not limited to web development, application development, e-commerce solutions, consultation, and maintenance.
Client/You: Refers to individuals, businesses, or entities that engage our services or use our website.
Deliverables: Refers to the products, services, designs, code, or other materials developed by us for you as part of our services.

3. Description of Services

Forging Dev provides professional web and application development services, including but not limited to:

Custom website design and development
E-commerce website development
Mobile and web application development
Website and application maintenance
Technical consultation
Hosting and domain registration assistance

The specific services to be provided will be detailed in a written agreement or contract between you and Forging Dev. These Terms apply in addition to any specific agreement.

4. Client Responsibilities

As a client of Forging Dev, you agree to:

Provide accurate and timely information as required for the completion of services
Review and provide feedback on deliverables within agreed timeframes
Pay all fees as set forth in your agreement with Forging Dev
Obtain and maintain any necessary licenses, permissions, or consents required for us to perform the services
Comply with all applicable laws and regulations
Take responsibility for the content you provide to us, ensuring it does not violate any third-party rights

5. Intellectual Property Rights

Unless otherwise specified in a written agreement:

Upon full payment of all applicable fees, you will own the final deliverables specifically created for you
Forging Dev retains ownership of all pre-existing materials, proprietary tools, methods, and processes used to create the deliverables
Forging Dev may use general knowledge, skills, and experience acquired during the provision of services for other clients
Forging Dev reserves the right to display and link to completed projects as part of our portfolio and promotional materials

Any third-party materials (such as open-source software, stock images, or plugins) incorporated into the deliverables are subject to their respective licenses and terms.

6. Payment Terms

Our payment terms include:

All prices are quoted in the currency specified in our proposal or agreement
A non-refundable deposit (typically 30-50% of the total project fee) is required before commencement of work
Payment schedules will be outlined in our agreement, typically including milestone payments for larger projects
Invoices are due upon receipt unless otherwise specified
Late payments may be subject to a fee of 2% per month on overdue amounts
For ongoing services, we reserve the right to suspend services if payment is not received within 14 days after the due date

Additional work requested beyond the scope of the original agreement will be quoted separately and requires your approval before commencement.

7. Limitation of Liability

To the maximum extent permitted by law:

Forging Dev will not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of our services
Our total liability for any claims arising from or related to our services shall not exceed the amount you paid us for the services giving rise to the claim
We do not guarantee that our services will be error-free or uninterrupted, or that any defects will be corrected
We are not responsible for any loss of data, revenue, or profits resulting from the use of our services

These limitations apply even if we have been advised of the possibility of such damages.

8. Termination

Either party may terminate the services under the following conditions:

By mutual agreement in writing
If the other party breaches any material term of the agreement and fails to remedy such breach within 14 days of receiving notice
If the other party becomes insolvent, bankrupt, or enters into liquidation or receivership

Upon termination:

You must pay for all services performed up to the date of termination
Any advance payments for work not performed are non-refundable, unless specified otherwise in our agreement
All rights and licenses granted will terminate, except as otherwise expressly stated in these Terms

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or our services shall first be attempted to be resolved through good faith negotiations. If such negotiations fail, both parties agree to submit to the exclusive jurisdiction of the courts in Sibiu, Romania.

10. Modifications to Terms

Forging Dev reserves the right to modify these Terms at any time. We will provide notice of significant changes by updating the date at the top of these Terms and potentially by other means, such as email.

Your continued use of our services after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you should stop using our services.

11. Miscellaneous Provisions

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

Assignment

You may not assign any of your rights or obligations under these Terms without our prior written consent.

Force Majeure

Neither party shall be liable for any failure or delay resulting from events beyond reasonable control.

12. Contact Us

If you have any questions about these Terms of Service, please contact us at:

📧forgingdev37@outlook.com

📱+40 727 892 022

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