Welcome to Tadd Creations. These Terms and Conditions ("Terms") govern your access to and use of our website, products, and services. By accessing or using our website or services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access our website or use our services.
1. Definitions
Throughout these Terms, the following definitions apply:
- "Company", "we", "us", or "our" refers to Tadd Creations, LLC.
- "Client", "you", or "your" refers to the individual or entity that has engaged our services.
- "Services" refers to all software development and related services provided by Tadd Creations.
- "Deliverables" refers to all materials, programs, documentation, and other items developed or provided pursuant to this agreement.
- "Project" refers to the specific work that we agree to perform for you.
2. Services
Tadd Creations provides custom software development services including, but not limited to, web application development, mobile application development, and enterprise software solutions. The specific services to be provided will be detailed in a separate Statement of Work (SOW) or service agreement.
We reserve the right to refuse service to anyone for any reason at any time.
3. Project Acceptance
For each project, we will provide a detailed proposal outlining deliverables, timeline, and cost. Projects will commence upon your written approval of the proposal and receipt of any agreed-upon initial payment.
Changes to project requirements after project commencement may affect the project timeline and cost. Any such changes will require mutual agreement and may be subject to additional fees.
4. Payment Terms
Payment terms will be specified in the project proposal or service agreement. Unless otherwise agreed, we typically require:
- An initial deposit before project commencement
- Milestone payments throughout the development process
- Final payment upon project completion
All invoices are due within 30 days of issuance. Late payments may incur additional fees and/or suspension of services.
5. Intellectual Property Rights
Unless otherwise specified in a written agreement:
- Upon full payment, you will receive ownership rights to the final deliverables created specifically for your project.
- Tadd Creations retains ownership of all pre-existing code, libraries, frameworks, and development tools used in the creation of your project.
- Tadd Creations may reuse and repurpose non-client-specific code and programming techniques across projects.
- You warrant that any materials provided to us for inclusion in the deliverables do not infringe on any third-party intellectual property rights.
6. Confidentiality
We agree to maintain the confidentiality of all proprietary information shared during the course of our engagement. Likewise, you agree to maintain the confidentiality of our proprietary information, including but not limited to our development processes, pricing, and business methods.
This confidentiality obligation survives the termination of our engagement but does not apply to information that is publicly known or becomes publicly known through no fault of the receiving party.
7. Project Timeline and Delays
While we strive to meet all project deadlines, our ability to do so depends on prompt communication and feedback from you. Delays in providing feedback, content, or approvals may result in corresponding delays to the project timeline.
We are not responsible for delays caused by circumstances beyond our reasonable control, including but not limited to acts of nature, changes in applicable laws, or third-party service outages.
8. Warranty and Support
We warrant that deliverables will substantially conform to the specifications outlined in the project agreement for a period of 30 days from the date of project completion. This warranty is void if the deliverables are modified by anyone other than Tadd Creations.
Support beyond the warranty period may be available through a separate maintenance agreement. We do not guarantee compatibility with future browser versions, operating systems, or third-party services beyond those specified in the project agreement.
9. Limitation of Liability
In no event shall Tadd Creations be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the services provided, even if advised of the possibility of such damages.
Our total liability for any claim arising out of or related to these Terms shall not exceed the total amount paid by you for the services giving rise to such claim.
10. Termination
Either party may terminate the engagement with written notice if the other party materially breaches these Terms and fails to cure such breach within 30 days of receiving notice.
Upon termination, you agree to pay for all services rendered up to the date of termination. If termination occurs due to your breach or for your convenience, you agree to pay any cancellation fees as specified in the project agreement.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in New Jersey.
12. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our services after any changes indicates your acceptance of the revised Terms.