1. Acceptance of Terms
By accessing and using Ekaruz's services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use our services.
2. Description of Services
Ekaruz provides technology services including but not limited to:
- Web and mobile application development
- MVP (Minimum Viable Product) development
- Backend development and API services
- Cloud infrastructure setup and management
- Legacy system modernization and migration
- Technology consulting, architecture reviews, and technical assessments
3. Engagement Models
Services are delivered under one of the following engagement models, as agreed in the project agreement or statement of work:
- Project-Based: A fixed scope of work with defined deliverables, timeline, and budget. Billed on a milestone basis as outlined in the project agreement.
- Dedicated Team: One or more engineers assigned to work as part of the client's team for an agreed period. Billed monthly based on team size and duration.
- Consulting: Architecture reviews, technical assessments, or strategic guidance delivered on an hourly or per-engagement basis.
- Retainer: Ongoing support, maintenance, and feature development under a recurring monthly agreement with an agreed number of hours or scope.
The specific engagement model, scope, pricing, and terms will be defined in a separate project agreement or statement of work signed by both parties before work begins.
4. Client Responsibilities
As a client, you agree to:
- Provide accurate and complete information necessary for project delivery
- Respond to requests for feedback and approvals in a timely manner
- Make payments according to the agreed schedule
- Not use our services for any illegal or unauthorized purpose
- Respect intellectual property rights of all parties involved
5. Payment Terms
Payment terms depend on the engagement model and will be outlined in the project agreement:
- Project-Based: An initial deposit is required before work begins. Remaining payments are tied to milestones as defined in the agreement. Final payment is due upon delivery.
- Dedicated Team: Billed monthly in advance. The first invoice is due before the team starts.
- Consulting: Billed per session, per engagement, or on an hourly basis as agreed. Payment is due within 14 days of invoice.
- Retainer: Billed monthly in advance. Unused hours do not roll over unless otherwise stated in the agreement.
Late payments may incur additional fees. All prices are in USD unless otherwise specified in the project agreement.
6. Intellectual Property
Upon full payment, you will own the final deliverables created specifically for your project. However:
- Ekaruz retains ownership of any pre-existing intellectual property and tools
- We reserve the right to showcase the project in our portfolio unless otherwise agreed
- You must not resell, redistribute, or claim ownership of any pre-existing frameworks or libraries used
7. Project Timeline and Delivery
Project timelines are estimates based on the information provided. Delays may occur due to:
- Changes in project scope or requirements
- Delayed feedback or approvals from the client
- Technical complexities unforeseen at project outset
- Force majeure events beyond our control
We will communicate any potential delays as soon as they are identified. For dedicated team and retainer engagements, delivery timelines are managed collaboratively with the client.
8. Revisions and Changes
For project-based engagements, the agreement will specify the number of revision rounds included. Additional revisions or scope changes may incur additional fees. Major changes to project scope will require a revised agreement and timeline.
For dedicated team and retainer engagements, scope adjustments are handled within the agreed monthly hours. Work beyond the agreed scope will be discussed and approved before proceeding.
9. Confidentiality
We respect the confidentiality of your business information. We will not disclose any confidential information shared during the course of our engagement without your explicit permission, except as required by law.
10. Warranty and Liability
We warrant that our services will be performed in a professional and workmanlike manner. However:
- We provide no warranty for third-party services or software
- Our liability is limited to the amount paid for the specific service
- We are not liable for indirect, incidental, or consequential damages
- For project-based work, bug fixes and minor adjustments are included for 30 days post-delivery
- For retainer and dedicated team engagements, support is covered within the active agreement period
11. Termination
Either party may terminate the agreement with written notice. The notice period and terms depend on the engagement model:
- Project-Based: The client must pay for all work completed up to the termination date. Deliverables remain Ekaruz property until full payment.
- Dedicated Team and Retainer: Either party may terminate with 30 days written notice. The client is responsible for payment through the end of the notice period.
- Consulting: Either party may cancel a scheduled engagement with at least 48 hours notice. Late cancellations may be billed in full.
Refunds are not provided for services already rendered.
12. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction where Ekaruz is registered, without regard to its conflict of law provisions.
13. Changes to Terms
We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services constitutes acceptance of the modified terms.
14. Contact Information
If you have any questions about these Terms of Service, please contact us at:
Email: hello@ekaruz.com