Terms of Service

01Who these terms are between

This website is operated by [LEGAL ENTITY NAME] (“Ithar Digital”, “we”, “us”), registered at [REGISTERED ADDRESS], company number [COMPANY REG. NUMBER].

These Terms of Service govern your use of this website and any services you engage us to perform. By submitting an enquiry or accepting a proposal, you agree to them. Where a signed proposal, statement of work or master services agreement conflicts with this page, that signed document takes precedence.

10Our services

We provide design, software development and related digital services, including mobile applications, games, websites and online stores, AI chatbots, CRM systems and digital marketing.

Anything described on this website is a general description, not an offer. The binding description of what we will deliver is the written proposal or statement of work for your project.

11Quotes, scope and change requests

We provide a written quote with a defined scope and timeline before work begins. Quotes are valid for 30 days unless stated otherwise.

Work outside the agreed scope is a change request. We will price it in writing and will not begin it until you approve that price. We will not silently absorb scope, and we will not silently bill for it either.

Timelines assume you supply content, access, approvals and feedback within the agreed windows. Delays on your side move the delivery date by at least the length of the delay.

100Fees and payment

Unless your proposal says otherwise:

• Projects are billed against milestones, with a deposit due before work starts.
• Invoices are payable within 14 days of the invoice date.
• Retainers and subscriptions are billed monthly in advance.
• Quoted amounts exclude taxes, duties and third-party costs, which are your responsibility.

We may pause work on overdue invoices after written notice. Final deliverables, source code and account transfers are released on receipt of final payment.

Third-party costs — app store fees, hosting, domains, paid APIs, licences, ad spend — are billed at cost or paid directly by you, and are not included in a quote unless explicitly listed.

101Your responsibilities

You agree to provide accurate information, timely feedback and the access we need (repositories, hosting, store accounts, analytics, domains). You confirm that any content you supply — text, images, trademarks, data — is yours to use, and that our use of it will not infringe anyone's rights.

You are responsible for the legality of your own product and business in the markets you operate in, including licensing, consumer law, tax and advertising rules.

110Intellectual property and ownership

On final payment, you own the deliverables — the custom source code, designs and assets we produced for your project — together with the accounts, domains and store listings registered in your name.

Two carve-outs apply. First, we retain ownership of our pre-existing tools, libraries, internal frameworks and know-how; you receive a perpetual, non-exclusive licence to use them as embedded in your deliverables. Second, third-party and open-source components remain under their own licences.

Until final payment is received, all deliverables remain our property.

We may describe the work and show non-confidential visuals in our portfolio. If you would rather we did not, tell us in writing and we will not.

111Third-party services

Projects commonly depend on services we do not control — Apple, Google, Meta, Telegram, Shopify, Stripe, OpenAI, Anthropic, hosting and payment providers.

We integrate them competently, but we cannot guarantee their availability, pricing, policies or approval decisions. App store rejection, API pricing changes and third-party outages are outside our control and are not a failure to deliver on our part, though we will work with you to resolve them.

1000Confidentiality

Each of us agrees to keep the other's non-public business, technical and commercial information confidential, and to use it only to perform or receive the services. This survives the end of the engagement.

We will sign your NDA on request, before you share anything sensitive.

1001Warranties and disclaimers

We warrant that we will perform the services with reasonable skill and care, in line with professional standards.

We do not warrant that software will be free of all defects, that it will run uninterrupted, or that it will achieve any particular commercial result — ranking, revenue, downloads, conversion rate or return on ad spend. Anything we say about likely outcomes is an estimate, not a promise.

Beyond the above, and to the fullest extent the law allows, the services are provided without further warranties of any kind, express or implied.

1010Limitation of liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

Subject to that, we are not liable for indirect or consequential loss, loss of profit, revenue, data, goodwill or anticipated savings.

Subject to that, our total aggregate liability arising out of an engagement is limited to the total fees you paid us for that engagement in the 12 months before the claim arose.

1011Term, cancellation and termination

Either of us may terminate an engagement on 14 days' written notice. Retainers may be cancelled with 30 days' written notice before the next billing date.

Either of us may terminate immediately if the other commits a material breach that is not remedied within 14 days of written notice, or becomes insolvent.

On termination you pay for all work completed and all committed third-party costs up to that date. Refunds are governed by our Refund Policy.

1100Governing law and disputes

These terms are governed by the laws of [JURISDICTION], and the courts of [JURISDICTION] have exclusive jurisdiction.

Before starting proceedings, both of us agree to attempt to resolve the dispute in good faith by direct discussion for at least 30 days.

1101Changes to these terms

We may update these terms. The version in force for your project is the one published on the date your proposal was accepted, and the “last updated” date above shows when this page last changed. Material changes will not be applied retroactively to work already underway.

1110Contact