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These terms outline the rules and regulations for the use of my services and website. By accessing or using my services, you agree to comply with and be bound by these terms. If you do not agree with any part of these terms, you must not use my services. For the purposes of this document, any reference to “me” or “I” refers to Mohammad Rahighi (This clarification applies to all sections of this document). Please read these Terms and Conditions carefully to understand your rights and obligations when using my services.

Acceptance of Terms

By paying a deposit and/or using my services, you accept these terms and conditions.

Delivery of Service

I will complete the work as described in any Ballpark Quote, Scope of Work, Technical Addendum, or Ad hoc quote provided to you. Please refer to these documents to understand the product you are purchasing and ensure it suits your needs. Review examples of other sites I have designed within your budget to fully understand the product you will receive. It is your responsibility to be familiar with the full specifications and functionality of the product you are purchasing and to obtain any necessary documents from me.

Client Responsibilities and Obligations

  • Follow Instructions: Provide all requested information and materials promptly. All content must be in the specified format. Excessive instructions or links to third-party content will not be accepted.
  • Provide Necessary Information: Noncompliance with instructions may cause delays and additional costs.
  • Domain and Hosting Information: If requested, provide domain and hosting details. I may re-delegate the domain or modify files to complete your project, potentially causing temporary disruptions. Inform me of any special requirements immediately.
  • Feedback and Changes: Provide feedback and changes as requested in a single email. Multiple or excessive emails may result in missed details and additional charges.
  • Final Check: Ensure the site meets your satisfaction before handover. After the site is live, check all functionalities (e.g., checkout and payment processes).
  • Traffic Spikes: Inform me of expected large traffic spikes to assess their impact. Activities that endanger the hosting services may result in site suspension.

Project Non-Completion

If I cannot complete your site due to project or client issues, I may terminate the agreement by written notice. I will either refund any monies paid or provide you with any completed work, at my sole discretion.

Intellectual Property Rights

  • Your Responsibilities: Ensure all provided information and materials do not infringe third-party intellectual property rights. You indemnify me against any claims from third parties.
  • My Rights: All intellectual property rights in the proprietary software and materials created by me remain my property. Upon full payment, you receive a license to use this intellectual property. This license does not constitute an assignment of any intellectual property rights.

Content, Design, and Package Restrictions

  • Design and Functionality Restrictions: Understand the restrictions of your chosen package before starting the project. Discuss any queries with me and refer to provided examples and documentation.
  • Content Submission: Ensure all submitted content is correct and final. Revisions may incur additional costs. I do not conduct spelling or grammar checks unless requested as a separate, chargeable service.
  • Website Footer Link: I may include a link to my website in your site’s footer, which you must not remove.

Non-Disclosure

I will not disclose any of your confidential information without your direction. Similarly, you agree not to disclose any of my confidential information or use my documentation or processes for unauthorized purposes.

Acceptable Use

  • Adherence to Policies: Follow all policies set out in these terms and any additional policies issued by me.
  • Lawful Use: Use my services only for lawful purposes. Do not store, transmit, or publish any material that infringes on intellectual property rights or is obscene, threatening, abusive, or otherwise objectionable.
  • Service Suspension: I reserve the right to suspend services if your activities risk my reputation, services, or other clients. I may refuse to handle offensive, illegal, or controversial material and terminate hosting services if necessary.

No Adverse Construction

These terms and conditions are not to be interpreted to my disadvantage because I prepared them.

Non-Disparagement

You agree not to make any statements that may defame or disparage me, my employees, or my business. This obligation continues after the engagement ends.

Payment Terms

  • Deposit and Fees: A deposit is required to begin work. The remaining balance is due upon project completion, unless otherwise agreed upon. Late payments may result in additional charges.
  • Additional Costs: Any additional work or changes requested after the initial scope has been agreed upon will incur extra fees. These will be communicated and agreed upon before proceeding.
  • Refunds: Refunds are not typically provided once work has commenced. In special cases where a refund is considered, it will be at my discretion and based on the amount of work completed.

Termination of Agreement

  • By Client: You may terminate the agreement at any time by providing written notice. However, you will be responsible for payment of work completed up to the date of termination.
  • By Me: I reserve the right to terminate the agreement if you fail to comply with these terms and conditions, engage in unlawful activities, or cause significant project delays. In such cases, you will be responsible for payment of work completed up to the date of termination.

Limitation of Liability

  • No Liability for Indirect Damages: I am not liable for any indirect, incidental, special, or consequential damages arising from your use of my services.
  • Maximum Liability: My maximum liability is limited to the amount you paid for the services in question.

Amendments

I reserve the right to amend these terms and conditions at any time. Any changes will be posted on my website and will take effect immediately. Your continued use of my services signifies your acceptance of any revised terms and conditions.

Contact Information

For any questions or concerns regarding these terms and conditions, please contact me at:

By using my services, you acknowledge that you have read, understood, and agreed to these terms and conditions.