Terms of Service

Last Updated: December 15, 2024

Welcome to bakuofbaky. These Terms of Service govern your use of our website and services. By accessing or using our web development services, you agree to be bound by these terms. Please read them carefully before engaging with our platform or requesting our services.

1. Acceptance of Terms

By accessing the bakuofbaky website at https://your-domain.com or engaging our web development services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy. If you do not agree with any part of these terms, you must not use our services or access our website.

These terms constitute a legally binding agreement between you (the "Client" or "User") and bakuofbaky (the "Company," "we," "us," or "our"). We reserve the right to modify these terms at any time, and such modifications will be effective immediately upon posting on our website. Your continued use of our services after any changes indicates your acceptance of the modified terms.

2. Services Description

bakuofbaky provides professional web development services throughout Azerbaijan, specializing in creating responsive websites, custom digital platforms, and innovative online tools designed to help businesses establish and expand their digital presence. Our comprehensive service offerings include:

  • Custom Website Development:Creation of tailored websites designed to meet specific business requirements, incorporating modern design principles and user-centered functionality.
  • Responsive Web Design:Development of websites that adapt seamlessly across all devices, ensuring optimal user experience on desktops, tablets, and mobile phones.
  • Digital Platform Solutions:Building custom platforms for e-commerce, content management, customer portals, and specialized business applications.
  • Web Application Development:Creating interactive web applications with advanced functionality to streamline business processes and enhance user engagement.
  • Website Maintenance and Support:Ongoing technical support, updates, security patches, and performance optimization for existing websites.
  • Consultation Services:Strategic planning and technical consultation to help businesses identify the most effective digital solutions for their goals.

All services are delivered with a focus on quality, innovation, and exceptional user experience. We work closely with clients from initial concept through design, development, testing, and final deployment to ensure complete satisfaction with the delivered product.

3. User Responsibilities

As a user of our services, you agree to fulfill certain responsibilities to ensure a productive working relationship and successful project outcomes:

3.1 Information Accuracy

You must provide accurate, complete, and current information when requesting services or communicating with our team. This includes business details, project requirements, contact information, and any materials necessary for project completion. Providing false or misleading information may result in project delays or termination of services.

3.2 Content Responsibility

You are solely responsible for all content, materials, images, text, and data you provide for use in your website or digital platform. You warrant that you own or have obtained all necessary rights, licenses, and permissions for any content you supply. You agree to indemnify bakuofbaky against any claims arising from content you provide that infringes upon third-party rights.

3.3 Timely Communication

You agree to respond promptly to requests for information, feedback, or approvals during the development process. Delays in communication may extend project timelines and could affect project costs if additional work is required due to delayed responses.

3.4 Prohibited Uses

You agree not to use our services for any unlawful purpose or in any way that violates these terms. Prohibited uses include but are not limited to:

  • Creating websites or platforms that promote harmful, offensive, or unlawful content
  • Developing applications intended to distribute malware, viruses, or other malicious code
  • Building platforms that infringe upon intellectual property rights of others
  • Creating websites that engage in deceptive practices or misrepresent services or products
  • Developing platforms that violate privacy laws or misuse personal data

4. Project Process and Timeline

4.1 Project Initiation

All projects begin with an initial consultation where we discuss your requirements, objectives, and vision for your digital solution. Following this consultation, we provide a detailed proposal outlining the project scope, deliverables, timeline, and cost estimate. Projects officially commence upon your acceptance of the proposal and receipt of the initial payment as specified in the project agreement.

4.2 Development Phases

Our development process typically includes the following phases:

  1. Planning and Strategy:Defining project requirements, creating wireframes, and establishing the technical architecture.
  2. Design:Creating visual designs, mockups, and obtaining client approval before proceeding to development.
  3. Development:Building the website or platform according to approved designs and specifications.
  4. Testing:Conducting thorough testing across devices, browsers, and functionality to ensure quality standards.
  5. Deployment:Launching the website or platform and ensuring all systems are functioning correctly.
  6. Training and Handover:Providing necessary training and documentation for managing the completed project.

4.3 Timeline Estimates

Project timelines are estimates based on the scope of work and assume timely client feedback and approval at each phase. While we strive to meet all deadlines, timelines may be adjusted due to factors including scope changes, delayed client responses, technical challenges, or unforeseen circumstances. We will communicate any timeline adjustments promptly and work to minimize delays.

4.4 Revisions and Changes

Each project includes a specified number of revision rounds as outlined in the project agreement. Additional revisions beyond the agreed scope may incur additional charges. Significant changes to project scope after development has begun will require a revised proposal and may affect both timeline and cost.

5. Payment Terms

5.1 Pricing and Quotes

All prices are quoted in the currency specified in the project proposal and are valid for 30 days from the date of quotation. Prices are based on the scope of work defined at the time of quotation. Changes to project scope may result in adjusted pricing, which will be communicated and agreed upon before proceeding with additional work.

5.2 Payment Schedule

Unless otherwise specified in the project agreement, payment terms typically follow this structure:

  • Initial Deposit:50% of the total project cost is due upon acceptance of the proposal to initiate work.
  • Milestone Payments:For larger projects, payments may be structured around specific milestones as outlined in the project agreement.
  • Final Payment:The remaining balance is due upon project completion and before final delivery of all files and access credentials.

5.3 Payment Methods

We accept payment via bank transfer, credit card, or other methods as specified in the project agreement. All payments must be made in full according to the agreed schedule. Late payments may result in project suspension until payment is received.

5.4 Late Payment

If payment is not received within 15 days of the due date, we reserve the right to suspend work on the project until payment is received. Projects suspended for more than 30 days due to non-payment may be terminated, and all work completed to that point will remain the property of bakuofbaky until full payment is received.

5.5 Refund Policy

Due to the custom nature of our web development services, refunds are generally not available once work has commenced. However, if you are unsatisfied with our services, please contact us immediately so we can work to resolve any concerns. Refund requests will be evaluated on a case-by-case basis.

6. Intellectual Property Rights

6.1 Client Content

You retain all ownership rights to content, materials, logos, trademarks, and other intellectual property you provide for use in your project. By providing these materials, you grant bakuofbaky a non-exclusive license to use them solely for the purpose of completing your project.

6.2 Developed Work

Upon receipt of full payment, you will own the custom code, designs, and materials specifically created for your project. However, this ownership does not extend to:

  • Third-party software, plugins, frameworks, or libraries used in the development
  • Pre-existing code, templates, or components from our library that may be incorporated
  • General development techniques, methodologies, or approaches used in the project

6.3 Third-Party Components

Many web development projects incorporate third-party software, frameworks, plugins, or services (such as content management systems, payment processors, or analytics tools). These components remain the property of their respective owners and are subject to their own licensing terms. We will inform you of any significant third-party components used in your project.

6.4 Portfolio Rights

Unless otherwise agreed in writing, bakuofbaky reserves the right to display completed projects in our portfolio, case studies, and marketing materials. We will not disclose confidential business information but may showcase the visual design and functionality of completed work. If you require confidentiality, please inform us before project commencement.

7. Warranties and Disclaimers

7.1 Service Warranty

We warrant that all services will be performed with professional skill and care, in accordance with industry standards. We guarantee that the delivered website or platform will function as specified in the project agreement at the time of delivery.

7.2 Bug Fixes and Support

We provide a warranty period of 30 days from project delivery during which we will fix any bugs or issues that arise from our development work at no additional cost. This warranty covers defects in our work but does not cover:

  • Issues arising from modifications made by the client or third parties after delivery
  • Problems caused by hosting environment changes or server issues
  • Compatibility issues with new browser versions or third-party software updates released after delivery
  • Issues resulting from content changes or additions made by the client

7.3 No Guarantee of Results

While we strive to create effective digital solutions, we do not guarantee specific business results, traffic levels, search engine rankings, or conversion rates. The success of your website or platform depends on many factors beyond our control, including your business model, marketing efforts, content quality, and market conditions.

7.4 Third-Party Services

We are not responsible for the performance, availability, or policies of third-party services integrated into your project, such as hosting providers, payment processors, or external APIs. Any issues with these services must be addressed directly with the respective service providers.

7.5 Disclaimer of Warranties

Except as expressly stated in these terms, our services are provided "as is" without warranties of any kind, either express or implied. We disclaim all other warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Limitation of Liability

To the maximum extent permitted by law, bakuofbaky shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from:

  • Your use or inability to use our services
  • Any unauthorized access to or use of our servers or any personal information stored therein
  • Any interruption or cessation of transmission to or from our services
  • Any bugs, viruses, or other harmful code that may be transmitted through our services by any third party
  • Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through our services

Our total liability to you for all claims arising from or related to our services shall not exceed the total amount paid by you to bakuofbaky for the specific service giving rise to the claim during the twelve months preceding the claim.

9. Confidentiality

We understand that during the course of our working relationship, you may share confidential business information, strategies, data, or other proprietary information with us. We commit to maintaining the confidentiality of all such information and will not disclose it to third parties without your express written consent, except as required by law or as necessary to complete your project (such as sharing information with hosting providers or third-party service integrators).

This confidentiality obligation continues even after project completion and does not expire. However, this obligation does not apply to information that:

  • Is or becomes publicly available through no breach of this agreement
  • Was rightfully in our possession before disclosure by you
  • Is independently developed by us without use of your confidential information
  • Is rightfully obtained from a third party without breach of any confidentiality obligation

10. Termination

10.1 Termination by Client

You may terminate a project at any time by providing written notice. Upon termination, you will be responsible for payment of all work completed up to the termination date, plus any non-refundable expenses incurred. All work completed remains the property of bakuofbaky until full payment is received.

10.2 Termination by bakuofbaky

We reserve the right to terminate our services if:

  • You fail to make payments according to the agreed schedule
  • You breach any material term of this agreement
  • You request services that violate laws or regulations
  • The working relationship becomes untenable due to communication issues or unreasonable demands

10.3 Effect of Termination

Upon termination, all outstanding payments become immediately due. We will provide you with all completed work upon receipt of full payment for services rendered. Any licenses granted to you under this agreement will terminate, except for rights to work that has been fully paid for.

11. Indemnification

You agree to indemnify, defend, and hold harmless bakuofbaky, its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use of our services
  • Your violation of these Terms of Service
  • Your violation of any rights of another party, including intellectual property rights
  • Content you provide that infringes upon third-party rights or violates applicable laws
  • Any misrepresentation made by you

This indemnification obligation will survive the termination of these Terms of Service and your use of our services.

12. Force Majeure

bakuofbaky shall not be liable for any failure or delay in performing our obligations under these terms if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

In the event of force majeure, we will notify you as soon as reasonably possible and will use reasonable efforts to minimize the impact on project timelines. If the force majeure event continues for more than 60 days, either party may terminate the affected project without penalty.

13. Dispute Resolution

13.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms of Service or our services, the parties agree to first attempt to resolve the matter through good faith negotiations. Either party may initiate this process by providing written notice to the other party describing the nature of the dispute.

13.2 Mediation

If the dispute cannot be resolved through informal negotiations within 30 days, the parties agree to attempt to resolve the dispute through mediation before a mutually agreed-upon mediator in Baku, Azerbaijan. The costs of mediation shall be shared equally between the parties.

13.3 Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Azerbaijan, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these terms shall be brought exclusively in the courts of Baku, Azerbaijan, and both parties consent to the jurisdiction of such courts.

14. General Provisions

14.1 Entire Agreement

These Terms of Service, together with any project agreements, proposals, and our Privacy Policy, constitute the entire agreement between you and bakuofbaky regarding our services and supersede all prior agreements, understandings, and communications, whether written or oral.

14.2 Amendments

We reserve the right to modify these Terms of Service at any time. We will notify users of any material changes by posting the updated terms on our website and updating the "Last Updated" date. Your continued use of our services after such modifications constitutes your acceptance of the updated terms.

14.3 Severability

If any provision of these Terms of Service is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect and enforceable.

14.4 Waiver

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

14.5 Assignment

You may not assign or transfer these Terms of Service or any rights granted hereunder without our prior written consent. We may assign our rights and obligations under these terms without restriction. Any attempted assignment in violation of this section shall be null and void.

14.6 Relationship of Parties

Nothing in these Terms of Service shall be construed to create a partnership, joint venture, employment, or agency relationship between you and bakuofbaky. Neither party has the authority to bind the other or to incur obligations on behalf of the other without prior written consent.

Important Notice

Please read these Terms of Service carefully before using our services.By engaging bakuofbaky for web development services, you acknowledge that you have read, understood, and agree to be bound by these terms. If you have any questions or concerns about these terms, please contact us before proceeding with any project.

These terms are designed to protect both your interests and ours, ensuring a clear understanding of expectations, responsibilities, and rights throughout our professional relationship.

Contact Information

If you have any questions about these Terms of Service, please contact us:

bakuofbaky

48 Nizami Street, Baku, AZ1005, Azerbaijan

Phone: +994 12 567 8910

Email: [email protected]