Terms of Service

1. Agreement to Terms

By accessing or using DevStack's services, you agree to be bound by these Terms of Service ("Terms") and all applicable UK laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

These Terms constitute a legally binding agreement between you ("Client," "Customer," or "you") and DevStack ("we," "us," or "our"), a UK-based software development company.

2. About DevStack

Company Name: DevStack
Business Address: Platform, New Station Street, Leeds, LS1 4JB, United Kingdom
Contact Email: hello@devstack.co.uk
Contact Phone: 0113 493 1006

3. Services Description

3.1 Professional Services

DevStack provides AI-enhanced software development services including but not limited to:

• Custom Software Development: Bespoke applications, web platforms, and software solutions
• AI Automation Services: Artificial intelligence integration and automation solutions
• Full Stack Development: End-to-end application development and system architecture
• Mobile App Development: Native and cross-platform mobile applications
• Web Development: Responsive websites, web applications, and digital platforms
• Consulting Services: Technical advisory, system audits, and strategic guidance

3.2 Service Delivery

All services are delivered according to agreed specifications, timelines, and project scope as outlined in individual project agreements or statements of work.

4. Contract Formation and Acceptance

4.1 Project Agreements

Specific project terms, deliverables, timelines, and pricing are detailed in separate project agreements, proposals, or statements of work that reference these Terms of Service.

4.2 Acceptance of Work

• Review Period: Client has 14 days from delivery to review and accept completed work
• Acceptance Criteria: Work is deemed accepted if it meets agreed specifications or if no feedback is provided within the review period
• Modification Requests: Changes outside the agreed scope may result in additional charges

5. Payment Terms and Conditions

5.1 Payment Schedule

• Project Deposits: Typically 50% upfront payment required before commencement
• Milestone Payments: Payments due upon completion of agreed project milestones
• Final Payment: Remaining balance due within 30 days of project completion
• Ongoing Services: Monthly billing for retainer or support services

5.2 Payment Methods

We accept payments via:

• Bank transfer (preferred method)
• Credit/debit card payments
• Online payment platforms as agreed

5.3 Late Payments

• Interest Charges: Late payments incur interest at 8% per annum above the Bank of England base rate
• Service Suspension: We reserve the right to suspend services for overdue accounts
• Collection Costs: Client responsible for reasonable collection costs and legal fees

6. Intellectual Property Rights

6.1 Client-Owned IP

Upon full payment, clients receive ownership of:

• Custom code written specifically for the client's project
• Original creative works produced exclusively for the client
• Project-specific documentation and materials

6.2 DevStack-Retained IP

DevStack retains ownership of:

• Proprietary Tools: Our development frameworks, tools, and methodologies
• General Knowledge: Skills, experience, and general industry knowledge
• Reusable Components: Generic code libraries and components not specific to client projects
• Trade Secrets: Our business processes and proprietary techniques

6.3 Third-Party IP

Use of third-party software, libraries, or components subject to their respective licenses and terms.

7. Confidentiality and Non-Disclosure

7.1 Confidential Information

Both parties agree to maintain confidentiality of:

• Proprietary business information
• Technical specifications and source code
• Commercial terms and financial information
• Any information marked as confidential

7.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available through no breach of this agreement
• Was known prior to disclosure
• Is required to be disclosed by law or court order

8. Warranties and Representations

8.1 Service Warranties

DevStack warrants that:

• Services will be performed with reasonable skill and care
• Work will substantially conform to agreed specifications
• We have the right and authority to provide the services
• Services will comply with applicable UK laws

8.2 Software Warranties

• Functionality: Software will perform substantially as specified for 90 days post-delivery
• Bug Fixes: We will correct material defects at no additional charge during warranty period
• Performance: Software will meet agreed performance criteria under normal operating conditions

9. Limitation of Liability

9.1 Liability Cap

Our total liability for any claims arising from or related to these Terms or our services is limited to the total fees paid by the client for the specific project giving rise to the claim, not exceeding £100,000 in any event.

9.2 Excluded Damages

We are not liable for:

• Indirect, special, incidental, or consequential damages
• Loss of profits, revenue, or business opportunities
• Loss of data or business interruption
• Third-party claims or damages
• Damages resulting from client's misuse of software

9.3 Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, pandemics, or technical failures of third-party services.

10. Termination

10.1 Termination for Convenience

• Client Termination: 30 days written notice required
• Work Completed: Payment due for all completed work and incurred expenses
• IP Transfer: Ownership of completed work transfers upon payment

10.2 Termination for Breach

• Material Breach: Either party may terminate immediately for material breach
• Payment Default: Termination allowed for non-payment after 14-day cure period
• Immediate Termination: For fraud, illegality, or insolvency

11. Data Protection and Privacy

Our collection, use, and protection of personal data is governed by our Privacy Policy, which is incorporated by reference. We comply with UK GDPR and Data Protection Act 2018 requirements.

For detailed information about our data practices, please review our Privacy Policy.

12. Governing Law and Jurisdiction

12.1 Applicable Law

These Terms are governed by and construed in accordance with English law, without regard to conflict of law principles.

12.2 Jurisdiction

Any disputes arising from these Terms or our services will be subject to the exclusive jurisdiction of the English courts.

12.3 Alternative Dispute Resolution

Before pursuing litigation, parties agree to attempt resolution through:

• Direct Negotiation: Good faith discussions between senior representatives
• Mediation: Independent mediation through a recognised UK mediation service
• Arbitration: Binding arbitration if mediation fails (optional by mutual agreement)

13. General Terms

13.1 Entire Agreement

These Terms, together with any project-specific agreements, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.

13.2 Amendments

These Terms may only be modified by written agreement signed by both parties. We may update these Terms periodically, with changes effective 30 days after notice.

13.3 Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.

13.4 Assignment

Neither party may assign these Terms without the other party's written consent, except DevStack may assign to affiliates or in connection with a business transfer.

13.5 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

14. Professional Standards and Ethics

14.1 Professional Conduct

DevStack maintains high professional standards and ethical practices in all client relationships and service delivery.

14.2 Compliance

We comply with all applicable UK laws, regulations, and industry standards, including:

• Data protection and privacy laws
• Consumer protection regulations
• Business and commercial law
• Professional service standards

15. Support and Maintenance

15.1 Warranty Support

During the warranty period, we provide:

• Bug fixes for material defects
• Technical support for implementation issues
• Documentation and guidance for proper use

15.2 Extended Support

Post-warranty support and maintenance services available under separate agreements, including:

• Ongoing technical support
• Software updates and enhancements
• Performance monitoring and optimisation
• Security patches and updates

16. Contact Information and Legal Notices

17. Acknowledgment

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You also acknowledge that these Terms may be updated periodically, and continued use of our services constitutes acceptance of any modifications.

These Terms of Service are effective as of the date indicated above and remain in effect until terminated or superseded by updated terms.