Terms & Conditions

Table of Contents


Included Services

Services Not Included

Project Timeline

Guarantee and Refund Policy

Client Responsibilities

Limitation of Liability

Intellectual Property Rights


Dispute Resolution


Governing Law


Welcome to BuildSite, a personalized freelance service dedicated to crafting bespoke web applications tailored to meet your unique business needs. With a focus on innovation, functionality, and user experience, I strive to transform your ideas into digital realities.

This document outlines the Terms and Conditions under which I offer my web application development services. It is designed to ensure a clear understanding of the working relationship, deliverables, and obligations for both parties – myself as the service provider, and you as the client. By engaging my services, you agree to be bound by these terms, which are intended to protect and enhance the service experience for all involved.

Please read these terms carefully before availing of my services. Your acceptance of a quote or initiation of a project constitutes agreement to these terms.

Included Services

As a freelance web app developer, I am committed to delivering high-quality, functional, and user-friendly web applications tailored to your specific needs. My services focus primarily on the core aspects of web app development, while certain services are not included in my offerings. Below is an overview of the services provided and those that are not included:

1. Web Application Development

Design and Development: Crafting custom web applications with a focus on aesthetic design, user experience (UX), and responsive layouts.

Custom Features: Integration of bespoke features based on client requirements.

2. Database Design and Management

Database Development: Creating databases for user management and application functionalities.

Data Security: Implementing security protocols to ensure data integrity.

3. Payment Gateway Integration

E-commerce Solutions: Incorporating secure payment processing systems.

Transaction Security: Ensuring transaction security and compliance.

4. Email Integration

Communication Solutions: Integrating email services for various communication needs.

Custom Email Templates: Designing custom email templates.

Services Not Included

Maintenance: Ongoing web app maintenance post-deployment is not included.

Hosting: Web hosting services are not provided.

Backend Development: Services do not include extensive backend infrastructure development beyond the scope necessary for the web application's functionality.

Design Services: This includes not providing graphic design services for complex visuals, branding, or aesthetic elements of web pages such as landing pages. Basic layout design as part of the web application's user interface is included, but more intricate graphic design work is outside the scope of services offered.

Marketing Services: Digital marketing, SEO, and promotional campaign services are not offered.

Please note that the project scope will be discussed and agreed upon before commencement. This agreement ensures alignment with your requirements and clarity on the services rendered.

Project Timeline

The success of each web application project is closely tied to an effective and collaborative timeline. My approach is designed to accommodate the dynamic nature of development work, with a focus on weekly progress and payments. Here's how the timeline is structured:

1. Project Commencement

The project begins upon agreement of the terms and the receipt of the initial payment.

A project brief will be provided, detailing the scope, objectives, and specific client requirements.

2. Weekly Development Cycle

The project will progress through weekly development cycles.

At the beginning of each week, objectives for that week will be communicated, outlining the expected progress.

3. Weekly Payments

Payments are due on a weekly basis, in alignment with the agreed-upon terms.

Timely payments are crucial to maintain the continuity and momentum of the project.

4. Impact of Missed Payments

In the event of a missed payment, development work may be paused.

The project timeline will be adjusted accordingly, potentially extending the overall completion date.

5. Regular Communication

Regular updates will be provided, keeping the client informed of the latest developments and any changes in the timeline.

Prompt communication from the client, especially regarding payments and feedback, is essential for the smooth progression of the project.

6. Project Completion

The project is considered complete upon delivery of the final product and client approval.

An estimated completion date will be provided at the start of the project, subject to adjustments based on payment schedules and project developments.

Note: This timeline is flexible and may vary depending on the complexity of the project, client responsiveness, and other unforeseen factors. Maintaining open and regular communication is key to ensuring a successful and timely project completion.

Guarantee and Refund Policy

My commitment to delivering high-quality web application development services is backed by a clear guarantee and refund policy. This policy outlines the conditions under which guarantees are upheld and refunds are issued:

1. 50% Refund for Any Reason

At any point during the project, if you decide to discontinue my services for any reason, you are eligible for a 50% refund of all payments made.

To initiate this refund, simply submit a written request stating your decision to halt the project.

2. 100% Refund Guarantee

In the event that I am unable to deliver the agreed-upon services (including a functional web app, database, payment gateway integration, and email integration) within 2 months after the project's due date, you are entitled to a 100% refund of all payments made.

This full refund is contingent upon the delay or non-delivery being solely attributable to my performance and not due to external factors, client inaction, or changes in project requirements by the client.

2. Refund Process

To claim a refund, whether 50% for any reason or 100% for non-delivery of services, a formal written request must be submitted.

Upon receiving the request, I will process the appropriate refund, typically within a specified number of business days.

The client will not retain any rights to or receive any source code, documentation, or database related to the project unless otherwise agreed upon

4. Limitations

The refund policies do not cover costs incurred by the client outside of payments made directly to me, such as third-party services or hosting fees.

After a refund is issued, all work on the project will cease, and any deliverables or work completed up to that point will remain my intellectual property, unless otherwise agreed upon.

5. Refund Eligibility

A 100% refund is offered if I am unable to provide a functional web application within 2 months after the project's estimated completion date, as long as this delay is not caused by client actions, missed payments, or changes to the project scope.

Refunds are not applicable in cases where delays or non-delivery are due to client inaction, lack of communication, or changes in project requirements.

Client Responsibilities

For the successful completion of the web application project, client cooperation and involvement are crucial. The following outlines the key responsibilities of the client:

1. Timely Communication

Provide prompt and clear responses to any queries or requests for information.

Maintain regular communication to ensure the project stays on track.

2. Project Requirements

Clearly define and communicate the project requirements, objectives, and expectations at the outset.

Any changes to the project scope should be communicated immediately to assess impact on timeline and costs.

3. Feedback and Approvals

Provide timely feedback on deliverables to keep the project moving forward.

Approve milestones or project phases promptly to avoid delays.

4. Payment Obligations

Adhere to the agreed payment schedule. Understand that missed payments may result in a pause or delay in the project timeline.

Ensure that payments are made in accordance with the terms outlined in our agreement.

5. Providing Necessary Access and Information

Provide any required access to existing systems, hosting accounts, or other resources necessary for the project.

Share all necessary information and content (like text, images, etc.) required for the project in a timely manner.

6. Collaborative Approach

Engage in the project with a collaborative and constructive mindset.

Address any concerns or issues directly and promptly for resolution.

Note: The client's active participation and adherence to these responsibilities are essential for the smooth and successful completion of the project. Delays or failures in meeting these responsibilities can impact project timelines and outcomes.

Limitation of Liability

As a freelance web application developer, I am dedicated to providing high-quality services. However, it is important to understand the limitations of my liability in connection with the services provided:

1. Scope of Liability

My liability is limited strictly to the services outlined in the project agreement and does not extend to any indirect or consequential damages.

I shall not be liable for any loss of profits, revenue, data, or indirect losses suffered by the client or any third party, whether these losses are direct or consequential.

2. Performance Liability

While I strive to deliver a functional and efficient web application, I am not liable for interruptions or malfunctions in the service due to external factors beyond my control, such as hosting issues, third-party service failures, or client-side technical problems.

Liability for issues arising from unauthorized access or use of the client’s web application, including security breaches, is also limited.

3. Timeliness and Delays

I am not liable for delays resulting from circumstances beyond my reasonable control, including but not limited to, acts of God, client delay, or unforeseen technical challenges.

While every effort is made to adhere to project timelines, I shall not be held liable for delays that arise due to the client’s failure to meet their responsibilities as outlined in the agreement.

4. Legal Compliance

The client is responsible for ensuring that the content within the web application complies with all applicable laws and regulations. I shall not be held liable for any legal issues arising from the client's content.

5. Maximum Liability

My maximum aggregate liability under or in connection with the provision of services, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount paid by the client for the services.

Note: This limitation of liability is a standard practice in web development services and is intended to establish a fair and reasonable legal boundary for the services provided. Clients are encouraged to read and understand this section fully.

Intellectual Property Rights

Intellectual Property Rights are a key aspect of web application development projects. This section outlines the ownership and rights pertaining to the intellectual property created during our project collaborat

1. Ownership of Final Work

Upon full payment for the completed project, the client will obtain ownership of the final web application as delivered.

This transfer of ownership includes the right to use, modify, and maintain the web application.

2. Pre-existing Intellectual Property

Intellectual property and materials that I bring to the project, or that are not specifically developed for the client (including, but not limited to, pre-written code, software libraries, and tools), remain my property.

The client will receive a non-exclusive, non-transferable license to use such pre-existing IP as necessary for the operation of the web application.

3. Work-in-Progress

During the development process, all intellectual property rights for the work-in-progress remain with me.

In case of a termination of services or a refund as per the refund policy, all rights to the incomplete work remain with me, unless otherwise agreed upon.

4. Third-Party Intellectual Property

If the project involves the use of third-party materials or software (e.g., open-source code, stock images), it is the client's responsibility to ensure compliance with the respective licenses and copyrights.

I will provide guidance or suggestions regarding these materials, but ultimate responsibility for their use lies with the client.

5. Confidentiality of Provided Materials

Any materials, data, or information provided by the client for the purpose of the project will be treated as confidential and will not be disclosed to third parties without consent.

Note: Understanding and respecting intellectual property rights is crucial for a successful and legally sound project completion. Clients are advised to thoroughly review this section to understand their rights and responsibilities regarding intellectual property.


Maintaining confidentiality is paramount in the client-developer relationship. This section outlines the commitments made by both parties to protect sensitive and confidential information shared during the course of the project:

1. Confidential Information Protection

All information disclosed by either party during the project, including but not limited to, business strategies, technical data, trade secrets, and client information, shall be treated as confidential.

I commit to not disclosing, sharing, or using this information for any purpose other than the execution of the agreed-upon project.

2. Use of Information

Confidential information will only be used to the extent necessary to perform the web application development services.

Any use of this information beyond the scope of the project will require explicit written consent from the disclosing party.

3. Duration of Confidentiality Obligation

The obligation to maintain confidentiality shall continue even after the completion or termination of the project, for a period of 2 years.

4. Exclusions from Confidentiality

Information that is already publicly known, independently developed by me, or rightfully received from third parties, will not be considered confidential under this agreement.

5. Required Disclosure

If I am required by law or a court order to disclose any confidential information, I will promptly notify the client and disclose only the minimum information required, subject to legal advice.

6. Data Security

I will take reasonable steps to ensure the security and integrity of confidential information in my possession.

Dispute Resolution

In the event of a disagreement or dispute arising from our project engagement, the following process will be followed to seek resolution:

1. Communication and Negotiation

The first step in resolving any dispute will be direct communication. Both parties agree to attempt to resolve the dispute through good faith negotiations.

2. Mediation

If the dispute cannot be resolved through direct communication, both parties agree to engage in mediation. A neutral third-party mediator will be selected to facilitate a resolution.

3. Arbitration

Should mediation fail, the dispute will be resolved through binding arbitration. The arbitration will be conducted in accordance with the rules of a mutually agreed-upon arbitration association.

4. Legal Proceedings

As a last resort, and only if all other resolution methods fail, either party may seek legal recourse through the courts. This process will be governed by the laws of the jurisdiction in which I operate.

5. Costs

Each party will bear its own costs in the dispute resolution process. However, the prevailing party in any arbitration or legal proceedings may seek to recover reasonable legal fees.

Note: This dispute resolution clause aims to provide a clear and fair process for resolving any disagreements in a manner that is efficient and minimizes conflict.


1. Modification Process

Any amendments or modifications to these Terms and Conditions must be made in writing and agreed upon by both parties. Verbal agreements or understandings will not be considered valid amendments.

2. nitiating Amendments

Either party can propose amendments to the agreement. Such proposals should be communicated in writing, clearly stating the intended changes and the reasons for them.

3. Review and Acceptance

Upon proposing an amendment, there will be a period for review and discussion, allowing both parties to negotiate and agree on the final terms.

Any agreed-upon amendments will become effective only after both parties provide written consent, typically in the form of a signed addendum to the original agreement.

4. No Retroactive Amendments

Amendments will not be retroactive; they will apply only from the date of agreement onwards.

5. Documentation

All amendments will be documented in writing, and a copy will be provided to each party for their records. This documentation will be annexed to and become part of the original agreement.

Note: The purpose of this clause is to ensure that any changes to our agreement are conducted in a structured and transparent manner, ensuring clarity and mutual agreement on any modifications.

Governing Law

1. Jurisdiction

This agreement and any disputes arising from it will be governed by the laws of Utah in The United States of America.

The choice of Utah law applies regardless of the client's location or the location where the service is provided.

2. Legal Proceedings

In the event of legal disputes or proceedings, such actions must be brought in the courts located in Utah in The United States of America.

Both parties consent to the exclusive jurisdiction of these courts for the resolution of any disputes or legal matters arising from this agreement.

3. Compliance with Local Laws

While this agreement is governed by Utah law, the client is responsible for ensuring that the services and final product comply with all local laws and regulations applicable in their location or the location where the service is used.