Terms and Conditions
These terms govern your use of bitdesign.agency and any services you engage us to provide. By using this website or engaging our services, you accept them.
This site is operated by Bit Collective Limited, trading as Bit Design Agency, registered in Nigeria.
Contact: [email protected] · +234 903 378 5773.
1. Our services
We provide website design and development, ecommerce and WooCommerce development, UI/UX and product design, software and application development, website maintenance and care plans, and search and AI-search optimisation. We also work as a white-label delivery partner to other agencies.
The specific scope of any engagement is set out in a written proposal or service agreement. Where those documents conflict with these terms, the signed agreement takes precedence.
2. Proposals, scope and quotations
Quotations are valid for 30 days unless stated otherwise. A quotation covers only the scope described in it. Work outside that scope, including additional pages, features, integrations, or rounds of revision beyond those specified, is chargeable and will be quoted separately before we begin it.
A project is confirmed when you accept the proposal in writing and the deposit clears.
3. Payment
Projects. A non-refundable deposit is payable before work begins. The balance is payable per the schedule in your agreement. We do not commence, resume, or hand over work on unpaid accounts.
Retainers and care plans. Billed monthly or quarterly in advance. Service continues while the account is current.
Late payment. Invoices are due on the date stated. We may suspend work and withhold delivery on overdue accounts, and may charge interest on sums more than 14 days late at a rate set out in your agreement.
Currency and charges. Fees are payable in the currency stated on your invoice. Bank charges, transfer fees and currency conversion costs are yours.
4. Your responsibilities
Timely delivery depends on you. You agree to provide content, assets, approvals, feedback and any access we need (hosting, domain, third-party accounts) within the timeframes agreed.
Where delays on your side hold up a project for more than 30 days, we may pause it and reschedule it against our other commitments, and may charge for time already spent.
You confirm that all content you supply, text, images, logos, data, is yours to use, and you indemnify us against claims arising from it.
5. Third-party services
Projects commonly rely on third-party services: hosting, domains, plugins, themes, payment gateways, email providers. These are licensed to you and subject to their own terms and fees. We are not responsible for their availability, pricing changes, or discontinuation. Where we procure them on your behalf, we do so as your agent.
6. Intellectual property
On full payment, ownership of the final deliverables produced specifically for you transfers to you.
We retain ownership of our pre-existing materials, tools, frameworks, code libraries and methods, and of any third-party components, which remain subject to their own licences. Nothing here transfers ownership of those.
Unless you tell us otherwise in writing, we may display the work in our portfolio and marketing.
7. White-label engagements
Where we work as a delivery partner under your brand, we will not contact your client, identify ourselves to them, or reference the work publicly without your written permission. Those obligations survive the end of the engagement and are set out in full in the relevant NDA.
8. Warranties and support
We warrant that work will be performed with reasonable skill and care.
We will correct defects in our own work reported within 30 days of delivery at no charge. That does not cover changes of requirement, new features, issues caused by third-party updates, or problems arising from changes made by you or another party after handover. Ongoing cover is available through a care plan.
Websites are not guaranteed to be uninterrupted or error-free. We give no guarantee of any specific search ranking, traffic level, conversion rate or commercial result.
9. Limitation of liability
Nothing in these terms excludes liability that cannot lawfully be excluded.
Subject to that, our total liability arising from any engagement is limited to the fees you have paid us for that engagement. We are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of data, or business interruption.
10. Termination
Either party may terminate a project on written notice. On termination you pay for all work completed to that point; deposits are not refundable. See our Payments & Refunds policy.
Care plans and retainers may be cancelled with 30 days’ written notice, effective at the end of the current paid period.
We may suspend or terminate immediately for non-payment, or for conduct that is abusive, unlawful, or that puts our staff or systems at risk.
11. Confidentiality
Each party will keep the other’s confidential information confidential and use it only for the purposes of the engagement. This survives termination.
12. Data protection
Our handling of personal data is described in our Privacy Policy. Where we process personal data on your behalf, we do so on your instructions and a separate data processing agreement may apply.
13. Governing law
These terms are governed by the laws of the Federal Republic of Nigeria, and the courts of Lagos State have exclusive jurisdiction. We’ll always try to resolve a dispute by discussion first.
14. Changes
We may update these terms. The version in force is the one published here on the date of your engagement.
Updated September, 02 2024
