Terms & Conditions
Effective Date: October 24, 2023
1. Acceptance of Terms
By accessing or using the services of Pacific Digital Systems ("Pacific", "we", "us", or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of these terms, you must not access our services. These Terms apply to all visitors, users, and others who access or use the Service.
2. Services
Pacific agrees to provide custom website development, design, and digital strategy services as described in the Scope of Work ("SOW") signed by both parties. We reserve the right to modify service features, specifications, or schedules with reasonable notice for technical improvements or maintenance.
3. Client Responsibilities
Client agrees to provide accurate information, assets, and timely feedback required to complete the project. Client represents that they have the legal right to use any content, images, or trademarks provided to Pacific for the project. Client is responsible for maintaining the security of their passwords and accounts with us.
4. Payment & Fees
Fees are due according to the schedule outlined in the SOW. For purposes of this agreement, "Full Payment" means the completion of all agreed milestones. Late payments may result in a delay or suspension of services. Pacific reserves the right to suspend services immediately upon default.
5. Intellectual Property
Pacific retains all intellectual property rights to code, designs, and deliverables until full payment is received. Upon full payment, Pacific assigns the final deliverables to Client, provided Client has fulfilled all payment obligations. Pacific retains the right to use code, concepts, or design elements that are not part of the final deliverables for other clients or in its portfolio.
6. Warranty & Support
We warrant that the Services will be performed in a professional manner. Pacific offers a 30-day warranty on bugs and defects from the delivery date, provided that the issue has not resulted from Client’s modification of the deliverables. Support beyond the warranty period is available on a separate maintenance agreement.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PACIFIC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES.
8. Termination
Either party may terminate this agreement with written notice. Upon termination, Client shall pay for all services performed and expenses incurred by Pacific up to the date of termination.