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 particular software development, AI integration, website design, or marketing effort outlined in the proposal would be referred to as the project.
- 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.
A contract is formed when The Client accepts a Quote/Proposal from The Company, either by signing the document, paying a deposit, or confirming via email to proceed.
By engaging The Company, The Client agrees that these Terms supersede any previous agreements or valid purchase orders.
Client Obligations
To ensure The Project meets the deadline, The Client agrees to provide all necessary assets (logos, text, access credentials, API keys) within the timeframe specified in the Project Plan.
If The Client delays providing these assets, The Company reserves the right to extend the delivery deadline or, in cases of delays exceeding 30 days, pause The Project and issue an invoice for work completed to date.
Fees and Payment
Project-Based Work: Unless otherwise agreed in the Quote, a non-refundable deposit of 50% of the total project value is required before work commences. The remaining balance is due upon completion of The Project (prior to final deployment/handover).
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: Upon full and final payment of all fees, The Company assigns to The Client the intellectual property rights for all custom code, designs, and content created specifically for The Project.
Pre-Existing IP: The Company retains ownership of its background technology, code libraries, dev-ops scripts, and AI frameworks used to build The Project. The Client is granted a perpetual, non-exclusive, royalty-free license to use these background technologies as part of 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 software/website launch. During this time, any bugs or errors resulting from The Company’s code will be fixed free of charge.
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 liability to the customer for any claim arising from this agreement will be limited to the full amount of fees paid by the client for the project. The business is not liable for any data loss, ensuing losses, or profit loss.
Third-Party Services
The Company may recommend third-party services (e.g., Hosting, Domain Names, API Credits for OpenAI/HubSpot).
The client is directly responsible for paying the fees for these services. Any outage, data loss, or pricing adjustments brought on by outside providers are not the company’s responsibility.
Termination
By The Client: The project may be terminated in writing at any time by the client. In this case, the client is responsible for paying for all services finished up until the cancellation date. There is no return for the 50% deposit.
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.
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.
