These Terms and Conditions (hereinafter referred to as the “Agreement”) constitute a legal agreement between ATB BUSINESS SOLUTIONS COMPANY LIMITED  (referred to as the “Developer” or “We”) and the customer (referred to as the “Client” or “You”) for the provision of website development services. By engaging our services, you acknowledge and agree to be bound by the terms and conditions outlined below:

Scope of Services:

1.1. The Developer will provide website development services, including designing, coding, and launching the website, as agreed upon between the parties.

1.2. Any additional features, functionalities, or revisions beyond the original scope may incur extra charges and require a separate agreement.

Client Obligations:

2.1. The Client agrees to provide all necessary materials, including text, images, and other content, in a timely manner for the development process.

2.2. The Client is responsible for obtaining any necessary licenses, permissions, or copyrights for all content provided to the Developer.

2.3. The Client must provide clear and prompt feedback during the development process to ensure timely completion.

Delivery and Launch:

3.1. The Developer will make reasonable efforts to meet the agreed-upon delivery timeline, but cannot guarantee exact completion dates.

3.2. The Client understands that website launch may be dependent on factors beyond the Developer’s control, such as domain registration or third-party services.

Intellectual Property:

4.1. The Client retains ownership of any pre-existing materials provided to the Developer for use in the project.

4.2. Upon full payment, the Client will receive full ownership rights to the completed website, excluding any third-party components or licensed software.

Fees and Payment:

5.1. The Client agrees to pay the Developer the agreed-upon fees for the website development services.

5.2. Payments shall be made according to the payment schedule specified in this Agreement, and failure to make timely payments may result in project delays or termination.

5.3. All fees and charges are non-refundable once the development process has commenced unless otherwise specified in this Agreement.

Confidentiality:

6.1. Both parties agree to maintain the confidentiality of any proprietary or confidential information exchanged during the course of the project.

6.2. The Developer may showcase the completed website in its portfolio or marketing materials unless the Client expressly requests otherwise in writing.

Limitation of Liability:

7.1. The Developer shall not be held liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the website developed.

7.2. The Developer does not guarantee the website’s compatibility with all web browsers, devices, or future versions of software.

Termination:

8.1. Either party may terminate this Agreement in writing if the other party breaches a material provision and fails to remedy the breach within a reasonable period.

8.2. In the event of termination, the Client shall pay the Developer for all services performed up to the termination date.

Governing Law and Jurisdiction:

9.1. This Agreement shall be governed by and construed in accordance with the laws of Jamaica.

9.2. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts located in Jamaica.

Entire Agreement:

10.1. This Agreement constitutes the entire understanding between the Developer and the Client and supersedes any prior agreements or understandings, whether written or oral.

Indemnification:

11.1. The Client agrees to indemnify and hold the Developer harmless from any claims, damages, liabilities, costs, or expenses arising out of the Client’s use of the website developed by the Developer.

11.2. The Client agrees to defend and indemnify the Developer against any third-party claims alleging that the website infringes upon their intellectual property rights.

Modification of Terms:

12.1. The Developer reserves the right to modify these Terms and Conditions at any time, with or without prior notice to the Client.

12.2. Any modifications will be effective immediately upon posting on the Developer’s website or notification to the Client.

Severability:

13.1. If any provision of this Agreement is deemed invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

13.2. The parties shall endeavor to replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the Agreement.

Waiver:

14.1. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other rights or remedies.

Assignment:

15.1. The Client may not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Developer.

15.2. The Developer may assign or transfer this Agreement to a third party without the Client’s consent.

Please carefully review and acknowledge your acceptance of these Terms and Conditions before proceeding with our website development services. If you have any questions or concerns, please contact us for clarification.