Acceptance of Terms
By accessing or using our website at whyn.dev, or by engaging WHYN ("we," "us," or "our") for any services, you agree to be bound by these Terms of Service. If you do not agree, please do not use our website or services.
Services Provided
WHYN is a developer-led web development studio that provides custom website design, web application development, e-commerce solutions, SEO optimization, and related digital services. The specific scope of work for each project is defined in a separate project proposal or agreement.
Project Scope and Deliverables
Each project begins with a defined scope of work outlined in a project proposal or statement of work. Any work outside the agreed scope may require a separate agreement and additional fees.
We will make reasonable efforts to deliver the project within the estimated timeline. However, timelines are estimates and may be adjusted based on project complexity, client responsiveness, and scope changes.
Client Responsibilities
Clients agree to:
- Provide all required content, assets, and information in a timely manner.
- Ensure that any content provided (text, images, logos, etc.) does not infringe on any third-party intellectual property rights and is legally permissible to use.
- Respond to requests for feedback and approvals within a reasonable timeframe to avoid project delays.
- Provide accurate and complete information relevant to the project.
WHYN is not responsible for delays caused by late or incomplete client deliverables.
Payments and Billing
Payment terms are outlined in the project proposal. The following general terms apply:
- Deposit: A non-refundable deposit is required before work begins. The deposit amount will be specified in the project proposal (typically 30–50% of the total project cost).
- Milestone payments: For larger projects, payments may be structured around milestones defined in the project proposal.
- Final payment: The remaining balance is due upon project completion or final delivery, prior to deployment or ownership transfer.
- Late payments: Invoices not paid within the agreed timeframe may result in work being paused until payment is received.
Revisions and Changes
A defined number of revision rounds is included in each project proposal. Revisions refer to minor adjustments within the originally agreed scope.
- Additional revisions beyond the included rounds may be billed at an agreed hourly or fixed rate.
- Requests that significantly alter the project scope, functionality, or design direction constitute change requests and require a separate agreement and additional fees.
Intellectual Property
During the project, WHYN retains ownership of all work products, designs, code, and deliverables until full payment has been received.
- Pre-existing tools, frameworks, and libraries used in the project remain the property of their respective owners and are subject to their licenses.
- WHYN reserves the right to use general techniques, knowledge, and non-confidential elements of the project for portfolio and promotional purposes unless otherwise agreed in writing.
Ownership Transfer
Upon receipt of full and final payment, ownership of the custom deliverables (as defined in the project proposal) transfers to the client. This includes custom code, designs, and assets created specifically for the project.
Until full payment is received, the client is granted a limited, non-exclusive license to view the work in progress but may not deploy, distribute, or use the deliverables commercially.
Limitation of Liability
To the maximum extent permitted by applicable law:
- WHYN shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the use of our services or deliverables.
- We are not responsible for losses, downtime, or issues caused by third-party services, hosting providers, APIs, or external integrations.
- Our total liability for any claim related to our services shall not exceed the total amount paid by the client for the specific project in question.
- We do not guarantee specific business outcomes, search engine rankings, or revenue results from the use of our deliverables.
Termination
Either party may terminate a project engagement with written notice. In the event of termination:
- The client is responsible for payment of all work completed up to the date of termination.
- The deposit is non-refundable.
- Any deliverables completed and paid for will be provided to the client.
- Unpaid deliverables remain the property of WHYN until payment is received.
Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the project. This obligation survives the termination of the engagement.
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of India. Any disputes arising from these terms or our services shall be subject to the jurisdiction of the courts in India.
Changes to Terms
We reserve the right to modify these Terms of Service at any time. Changes will be posted on this page with an updated "Last updated" date. Continued use of our website or services after changes are posted constitutes acceptance of the revised terms.
Contact Information
If you have questions about these Terms of Service, please contact us:
- Email: hello@whyn.dev
- Website: whyn.dev