Terms & Conditions

Introduction

These Terms and Conditions define these words:

  • The Company shall mean TekScrum Digital (operating as TekScrum Inc., TekScrum Ltd., or TekScrum Labs depending on the contracting entity).
  • The Client shall mean the person, company, or entity seeking to purchase services from The Company.
  • The project is the detailed plan for creating the software, integrating AI, designing the website, or promoting the business mentioned in the proposal.
  • The final software, code, drawings, or reports that the company provides to the client are referred to as deliverables.

The Contract

All work done by The Company on behalf of The Client is subject to these terms and conditions.

Upon the Client’s acceptance of a Quote/Proposal from The Company, either through signature, deposit, or email confirmation, a contract is formed.

By engaging The Company, The Client agrees that these Terms supersede any previous agreements or valid purchase orders.

Client Obligations

The client is responsible for supplying all required assets (logos, text, access credentials, API keys) by the due date as stated in the project plan.

The organization reserves the right to either request an extension of the delivery deadline or, in the event of a delay exceeding thirty days, to terminate the project and collect payment for the work completed up to that point if the client fails to produce these assets by the specified deadline.

Fees and Payment

Project-Based Work: A 50% non-refundable deposit equal to the total project value is needed prior to the start of work, unless specified differently in the Quote. Before final deployment or handover, the remaining payment is required when The Project is completed.

Retainers (SEO, Maintenance, AI Support): Retainer fees are billed monthly in advance. The first of every month is when payment is expected.

Late Payments: The Company may charge 5% monthly interest on delayed invoices. If an invoice remains unpaid for more than 14 days, The Company may suspend services (including taking the website or software offline) until payment is made.

Intellectual Property & Sovereign Code

Ownership: The intellectual property rights to all custom code, designs, and material generated particularly for The Project are assigned to The Client by The Company upon receipt of full and final payment of all expenses.

Pre-Existing IP: The Company maintains ownership of the background technology, code libraries, dev-ops scripts, and AI frameworks utilized in building The Project. The Client is granted a license which is non-exclusive, royalty-free, and perpetual to use these background technologies integrated into the Deliverables.

AI Models: The Fine-Tuned Data and Prompts for AI Agent projects belong to the client, but the underlying Large Language Model (such as GPT-4 or Llama) is still owned by the corresponding provider.

Scope of Work & Variations

The scope of The Project is defined strictly by the Proposal.

Scope Creep: A variation will be any extra features, design modifications, or functionality that the client requests but isn’t specifically mentioned in the proposal.

Variations will be quoted separately and billed at The Company’s standard hourly rate ($50/hr USD or equivalent). Work on Variations will only commence upon written approval from The Client.

Warranties & Liability

Bugs and Errors: The Company offers a 30-Day Warranty after the software or website is launched. You will not be charged for the fixes that The Company makes to any bugs or defects in its code during this time.

Exclusions: Problems caused by hosting issues, modifications made by The Client or another developer, or third-party upgrades (like a WordPress plugin update that ruins the site) are not covered by this guarantee.

Limitation of Liability: The company’s only obligation to the customer for any claim relating to this agreement shall be limited to the total fees the client has paid for the project. The company is not responsible for any loss of data, consequential loss, or loss of profit.

Third-Party Services

The Company may recommend third-party services (e.g., Hosting, Domain Names, API Credits for OpenAI/HubSpot).

The customer must pay the price for these services in full. The business is not liable for any disruption, loss of data, or changes to prices caused by third-party service providers.

Termination

By The Client: The customer is free to send a formal request to end the project whenever they choose. In this instance, the customer must settle all outstanding balances for services provided prior to the cancellation date. After putting down 50%, there is no way to get your money back.

By The Company: If the client doesn’t pay invoices, doesn’t respond for more than 30 days, or violates these terms, the company may end the relationship.

Governing Law

This Agreement shall be governed by the laws of the jurisdiction in which the contracting entity of The Company is registered:

  • For North American Clients: Wyoming, USA.
  • For UK/European Clients: England & Wales.

For the Rest of the World: Sindh, Pakistan.

Contact Us

For any questions regarding these Terms, please contact our legal team:

TekScrum Digital

  • Email: legal@tekscrum.com
  • Global HQ: 30 N Gould St, Ste N, Sheridan, WY 82801, USA.
  • EMEA Hub: 86-90 Paul Street, London, EC2A 4NE, UK.