Terms of Service

About these terms#

These terms apply when you use codekuma.com and when you engage CodeKuma to design, build, fix, or deploy a website, application, or related work. CodeKuma is a web and app development agency operated by Muhammad Daniyal, based in Wilmington, Delaware, USA.

By using the website or accepting a quotation, you agree to these terms. If you accept for a business, you confirm you have the authority to do so. If a written quotation or agreement between us conflicts with these terms, the quotation or agreement applies to that project.

Using this website#

• Use it lawfully. Do not disrupt it, probe it for weaknesses, or send harmful, unlawful, or misleading content through the contact form.
• The text, design, code, and graphics on this site belong to CodeKuma or its licensors. You may view the site and share links to it, but you may not copy it for commercial use without our permission.
• Links to other websites are provided for convenience. We do not control them and are not responsible for their content.
• The information on this site is general. It is not legal, financial, or professional advice, and we provide the site as it is, without a promise that it will always be available or error-free.

Quotations and scope#

The consultation is free and creates no obligation. After the consultation, we send a written quotation that sets out the deliverables, cost, schedule, and the assumptions behind them. A quotation stays valid for the period stated in it.

A project starts when you accept the quotation in writing. Email or a message is enough. Our estimates rely on the information you give us. If it turns out to be materially different, we will talk to you about adjusting the scope, cost, or schedule. Changes to the scope are discussed separately and agreed before we carry them out.

How a project runs#

1. We build the project on a local development environment and share progress with you as images or videos.
2. We deploy the completed work to our own test server so you can review a live preview.
3. When you are satisfied and have paid, we publish the project on your server and fix environment-related issues.
4. You test everything during the testing period, and we fix issues as described in section 10.

The preview is for review only. Until payment is complete, you may not publish it, copy it, or use it commercially, and we may remove it after the review. Timelines depend on you giving feedback and materials promptly.

Fees and payment#

Fees and currency are set out in your quotation. Unless your quotation says otherwise, payment is due after you have reviewed the work and before we deploy it to your server and hand over the final deliverables.

• Taxes are added where they apply.
• Third-party costs, such as domains, hosting, licenses, plugins, API usage, and app store fees, are your responsibility unless the quotation says otherwise.
• If a payment is late, we may pause further work and delay deployment until it is paid.

Refunds and cancellation#

You can stop at any stage. Because you review the work before you pay, you are never asked to pay for something you have not seen.

• Before payment: if you stop, we will not deploy or hand over the work. The consultation and quotation remain free. If your quotation includes a deposit or milestone payments, those amounts cover work already started and are not refundable unless the quotation says otherwise.
• After payment and deployment: fees are not refundable, except where we cannot deliver the agreed scope and cannot fix it within a reasonable time. In that case, we will refund the part of the fee that relates to the undelivered work.

Ownership and licenses#

Once you have paid in full, ownership of the custom code, designs, and other deliverables we create specifically for you passes to you. Some things stay with us or with others:

• Our pre-existing tools, frameworks, libraries, templates, and know-how stay ours. We grant you a perpetual, non-exclusive license to use them as part of the deliverables.
• Third-party and open-source components stay under their own licenses.
• Your content, brand, and data remain yours.
• We may describe the project and show non-confidential visuals in our portfolio. Tell us in writing if you would rather we did not.

Your responsibilities#

• Give us accurate and complete information and materials in good time.
• Make sure you have the right to use the text, images, logos, code, and data you give us.
• Give timely feedback and the access we need to hosting, domains, and accounts, and keep your credentials secure.
• Keep backups of your existing site and data before we work on live systems.
• Comply with the laws that apply to your business, such as privacy notices, consumer rules, and accessibility duties, unless we have agreed in writing that we will handle part of that.

Confidentiality#

We treat the non-public information you share with us, including credentials, business plans, and data, as confidential. We use it only for your project and share it only with people who need it and are bound to keep it private. This does not apply to information that is public, or that the law requires us to disclose. We recommend you change any credentials you gave us when the project ends.

Testing period and fixes#

After deployment, you have a testing period, whose length we agree with you at deployment, to test the work and report problems in writing. During that period, we fix defects where the deliverable does not work as agreed in the scope, at no extra charge.

The fix commitment does not cover new features or changes, problems caused by changes made by others, changes to third-party services, hosting limits, or misuse. Ongoing maintenance and longer-term support can be agreed separately.

Third-party services#

Projects often depend on services we do not control, such as hosting, domains, plugins, payment providers, APIs, and messaging platforms. Those services follow their own terms. We are not responsible for their availability, changes, or prices, and we will point out important dependencies in your quotation where we know of them.

Limitation of liability#

Nothing in these terms limits liability that cannot be limited by law. Subject to that, we are not liable for indirect or consequential loss, or for lost profits, revenue, data, or goodwill. Our total liability for any claim relating to a project is limited to the fees you paid us for that project.

Ending a project#

Either of us may end a project by written notice. If you end it after payment, the section on refunds applies. We may pause or end work if payment is not made as agreed, if we do not receive what we need to continue, or if you ask us to do something unlawful. We may also restrict access to the website if it is misused. Sections on ownership, confidentiality, and liability continue after a project ends.

Governing law and disputes#

These terms are governed by the laws of Delaware. We would rather talk first, so please contact us and give us a chance to resolve a problem before starting formal proceedings. Courts in Delaware have jurisdiction, unless the law gives you the right to bring a claim elsewhere. If you are a consumer, you keep any mandatory rights you have under your local law.

Changes to these terms#

We may update these terms from time to time. The date at the top shows the latest version. A project already underway stays under the terms in force when you accepted the quotation, unless we both agree otherwise.

Contact us#

If you have a question about this document or want to exercise a right described in it, contact us at hello@codekuma.com or through our contact form. We read every message.