Scope of Software and Digital Services
These Terms and Conditions apply to our software development, mobile app development, AI automation, Shopify, WordPress, UI/UX design, consulting, maintenance, and support services. Each project will be based on an agreed proposal, quote, statement of work, or written scope that explains the deliverables, timelines, fees, responsibilities, and approval process. If any requested work is outside the agreed scope, we may provide a separate estimate or written variation before proceeding.
How We Deliver Projects:
(1) Discovery, Planning & Approval: We begin by understanding your business goals, users, technical requirements, brand direction, integrations, and operational needs. Based on this, we prepare a practical delivery plan for the software, website, app, automation, or digital product. Client feedback and approvals are required at key stages so the project can move forward without avoidable delays.
(2) Development, Testing & Acceptance: We build using suitable technologies for the agreed scope and perform reasonable quality checks before delivery. Clients are responsible for testing the delivered work during the review period and reporting issues in writing. Minor defects within the agreed scope will be corrected, while new features, design changes, or altered requirements may be treated as additional work.
(3) Support, Maintenance & Third-Party Platforms: Ongoing support, updates, hosting, monitoring, app store support, plugins, themes, APIs, payment gateways, AI tools, and other third-party services are provided only where included in the agreed scope or maintenance plan. We are not responsible for outages, policy changes, pricing changes, account restrictions, or technical issues caused by third-party platforms, but we will assist where our support arrangement covers that work.
Clients must provide accurate information, content, credentials, approvals, access, and timely feedback. Project timelines may change if required materials are delayed, if requirements change, or if third-party approvals are outside our control. Fees, deposits, milestones, and payment due dates will be set out in the agreed quote or invoice. Work may be paused if payments are overdue or if required access and approvals are not provided.
Payment Terms
Invoices must be paid according to the agreed milestone schedule or invoice due date. Late payments may result in project delays, suspension of services, or withholding of deliverables until outstanding balances are settled.
Portfolio & Marketing Rights
Unless otherwise agreed in writing, Sparknest may display completed projects, logos, screenshots, and non-confidential work samples in its portfolio, website, marketing materials, and case studies.
Ownership, Privacy and Legal Compliance
a) Intellectual Property & Licences: Unless otherwise agreed in writing, the client owns the final custom deliverables created specifically for the project after full payment has been received. We may retain ownership of pre-existing code, reusable components, internal tools, frameworks, methods, templates, and know-how used to deliver the work. Third-party software, stock assets, fonts, plugins, themes, APIs, and open-source components remain subject to their own licence terms.
b) Client Content, Data & Privacy: Clients are responsible for ensuring they have the right to use all content, images, trademarks, data, product information, and materials supplied to us. Where we handle personal information, we will take reasonable care and use it only for providing the agreed services, support, communication, billing, and lawful business administration. Clients must also ensure their own websites, apps, forms, analytics, marketing tools, and customer data practices comply with applicable privacy, spam, consumer, and data protection obligations.
c) Consumer Rights & Fair Terms: Nothing in these Terms excludes, restricts, or modifies any rights that cannot be excluded under applicable law, including any applicable consumer guarantees for services. Our services will be provided with due care and skill and within a reasonable time where no fixed date is agreed. To the extent permitted by law, our liability is limited to supplying the services again or paying the cost of having the services supplied again.
Both parties agree to act professionally, protect confidential information, and use the deliverables only for lawful purposes. We may refuse, suspend, or terminate work if a client requests unlawful content, abusive conduct, non-payment, unauthorised system access, infringement of another party's rights, or activity that may harm our team, systems, reputation, or other clients. These Terms are governed by the applicable laws of the jurisdiction agreed between the parties or otherwise required by law, and any dispute should first be raised with us in writing so both parties can try to resolve it in good faith before taking further action.
Contact Information
For questions regarding these Terms and Conditions, please contact:
Sparknest
Website: https://sparknest.com