Terms of Service

1. Introduction and Acceptance

Welcome to AWSTheme (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our website, products, and services, including but not limited to:

• Custom software development services
• WordPress theme development and customization
• WordPress plugin development
• Web application development
• Website maintenance and support services
• Technical consultation services

By accessing our website, purchasing our products, or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Definitions

For the purposes of these Terms:

• “Client” or “You” refers to the individual or entity that engages our services or purchases our products.
• “Services” refers to all development, design, consulting, and support services we provide.
• “Products” refers to WordPress themes, plugins, and any other digital products we offer.
• “Deliverables” refers to all work products, including code, designs, documentation, and other materials created during a project.
• “Project” refers to any engagement for custom development services.

3. Services Description

3.1 Custom Development Services

We provide custom software development services including:

• WordPress theme development (custom and child themes)
• WordPress plugin development
• Web application development
• E-commerce solutions (WooCommerce)
• API development and integration
• Website optimization and performance enhancement

3.2 Digital Products

We offer pre-built WordPress themes and plugins available for purchase through our website or authorized marketplaces.

3.3 Support and Maintenance

We provide ongoing support and maintenance services as outlined in individual service agreements or product documentation.

4. Project Engagement and Process

4.1 Project Initiation

All custom development projects begin with:

1. Initial consultation to understand requirements
2. Project proposal with scope, timeline, and pricing
3. Written agreement or contract acceptance
4. Initial deposit payment (if applicable)

4.2 Client Responsibilities

Clients agree to:

• Provide accurate and complete project requirements
• Supply necessary content, assets, and access credentials in a timely manner
• Respond to communications and feedback requests within agreed timeframes
• Designate a primary point of contact for the project
• Review and approve deliverables within specified review periods

4.3 Our Responsibilities

We commit to:

• Deliver work that meets the agreed specifications
• Communicate project progress regularly
• Maintain professional standards and best practices
• Protect confidential information
• Address issues and bugs within the agreed warranty period

5. Payment Terms

5.1 Pricing

All prices are quoted in the currency specified in the proposal or on our website. Prices are subject to change without notice, but changes will not affect accepted proposals or ongoing projects.

5.2 Payment Schedule

For custom development projects, typical payment terms include:

• Deposit: 30-50% due upon project acceptance
• Milestone payments: As specified in the project agreement
• Final payment: Due upon project completion and before final delivery

5.3 Late Payments

Late payments may result in:

• Project work suspension until payment is received
• Late fees as specified in the project agreement
• Withholding of deliverables until payment is received

5.4 Digital Product Payments

Payment for digital products is due in full at the time of purchase. All payments are processed through secure payment processors.

6. Intellectual Property Rights

6.1 Client Materials

You retain all ownership rights to content, images, logos, and other materials you provide to us for use in projects.

6.2 Custom Development

For custom development projects:

• Upon full payment, you receive ownership of custom code specifically created for your project
• We retain the right to use non-proprietary techniques, tools, and knowledge gained during the project
• Third-party components (libraries, frameworks, plugins) remain subject to their respective licenses

6.3 Digital Products

Digital products (themes and plugins) are licensed, not sold:

• You receive a license to use the product as specified in the product license agreement
• We retain all intellectual property rights in our products
• Redistribution, resale, or sublicensing is prohibited unless explicitly authorized

6.4 Portfolio Rights

Unless otherwise agreed in writing, we reserve the right to display completed work in our portfolio and marketing materials.

7. Warranties and Guarantees

7.1 Satisfaction Guarantee

7.2 Bug Fix Warranty

Custom development projects include a warranty period (typically 30-90 days) during which we will fix bugs in our code at no additional charge. This warranty covers:

• Defects in code we developed
• Functionality not performing as specified in the agreement

This warranty does not cover:

• Issues caused by client modifications
• Third-party software or hosting issues
• Feature requests or changes to requirements
• Issues caused by WordPress core, theme, or plugin updates

7.3 Disclaimer

Except as expressly stated in these Terms, we provide our services and products “as is” without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

8. Limitations of Liability

9. Refund Policy

9.1 Custom Development Services

Refunds for custom development are handled as follows:

• Before work begins: Full refund of any deposits paid
• After work begins: Refund minus the value of work completed, as reasonably determined
• After delivery: No refund for completed and delivered work meeting specifications

9.2 Digital Products

Due to the nature of digital products:

• Refunds may be available within 14 days of purchase if the product is defective or does not match the description
• No refunds for products that have been downloaded and used
• We reserve the right to refuse refunds in cases of suspected abuse

10. Project Termination

10.1 Termination by Client

You may terminate a project at any time with written notice. Upon termination:

• Payment is due for all work completed to date
• We will provide any completed deliverables
• Deposits may be non-refundable depending on work completed

10.2 Termination by Us

We may terminate a project if:

• Payment is significantly overdue
• Client fails to provide necessary materials or feedback within agreed timeframes
• Client requests work that is illegal, unethical, or violates these Terms
• Circumstances make completion of the project impractical

11. Confidentiality

Both parties agree to:

• Keep confidential information private and secure
• Use confidential information only for purposes of the project
• Not disclose confidential information to third parties without consent

Confidential information does not include information that is publicly available or independently developed.

12. Third-Party Services and Software

Our services may integrate with or require third-party services, including but not limited to:

• Web hosting providers
• Payment processors
• Third-party APIs
• Open-source software and libraries

We are not responsible for third-party services and their respective terms of service apply.

13. Acceptable Use

You agree not to use our products or services to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Distribute malware or malicious code
• Engage in fraudulent or deceptive practices
• Create content that is illegal, harmful, or offensive
• Compete directly with our business using our products

14. Indemnification

You agree to indemnify and hold harmless AWSTheme and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney’s fees) arising from:

• Your use of our services or products
• Your violation of these Terms
• Your violation of any third-party rights
• Content or materials you provide

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting on our website. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.

For ongoing projects, the Terms in effect at the time of project agreement will govern that project.

16. Dispute Resolution

In the event of a dispute:

1. Negotiation: We will first attempt to resolve disputes through direct communication
2. Mediation: If direct negotiation fails, we may pursue mediation
3. Arbitration or Litigation: If mediation fails, disputes will be resolved through binding arbitration or court proceedings as permitted by law

17. Governing Law

These Terms are governed by and construed in accordance with applicable laws. Any legal proceedings shall be conducted in the courts of competent jurisdiction.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with any project agreements, proposals, or other written agreements, constitute the entire agreement between you and AWSTheme regarding the subject matter herein and supersede all prior agreements and understandings.

20. Contact Information

By using our services or purchasing our products, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.