Terms and Conditions

Last Updated: January 30th 2025

Introduction

Welcome to Dkingstech. These Terms and Conditions ("Terms") govern your use of our website (dkingstech.com) and the services we provide. By accessing our website or engaging our services, you agree to be bound by these Terms.

Please read these Terms carefully before using our services. If you do not agree with any part of these Terms, you may not use our services.

1. Definitions

• "Company," "we," "our," or "us" refers to Dkingstech
• "Client," "you," or "your" refers to the individual or entity engaging our services
• "Services" refers to web development, mobile app development, SaaS development, IT consulting, business automation, and related services provided by Dkingstech
• "Website" refers to dkingstech.com and all associated pages
• "Agreement" refers to these Terms and any service-specific contracts
• "Deliverables" refers to the final products, code, designs, or services provided
• "Project" refers to the specific work commissioned by the Client

2. Service Agreement

2.1 Engagement of Services

• Services are provided based on written proposals, contracts, or statements of work agreed upon by both parties
• All projects require a signed agreement and initial payment before work commences
• Services are provided on a project basis or ongoing retainer as specified in the agreement

2.2 Scope of Work

• The scope of work will be clearly defined in the project proposal or contract
• Any changes to the agreed scope (scope creep) require written approval and may result in additional fees
• We reserve the right to refuse work that falls outside our expertise or ethical standards

2.3 Timeline and Milestones

• Project timelines are estimates based on the information provided and assume timely client feedback
• Delays caused by client unavailability, late feedback, or incomplete information may extend timelines
• We will make reasonable efforts to meet agreed deadlines but are not liable for delays beyond our control

3. Client Responsibilities

3.1 Information and Access

You agree to:

• Provide accurate, complete, and timely information required for the project
• Grant necessary access to systems, accounts, and resources
• Respond to requests for feedback within agreed timeframes
• Provide all content, materials, and assets in the required formats
• Designate a primary point of contact for project communication

3.2 Content and Materials

• You are responsible for the accuracy, legality, and quality of all content you provide
• You warrant that you have the right to use all provided materials (images, text, logos, etc.)
• We are not responsible for verifying the accuracy or legality of client-provided content

3.3 Feedback and Approvals

• You must review deliverables and provide feedback within specified timeframes
• Failure to provide timely feedback may result in project delays or additional fees
• Approval of design mockups, prototypes, or milestones constitutes acceptance of that phase

4. Payment Terms

4.1 Pricing and Invoicing

• All prices are quoted in US Dollars (USD) or Nigerian Naira (NGN) as specified in the proposal
• Prices are valid for 30 days from the date of the proposal
• Invoices will be sent via email and are payable within the terms specified

4.2 Payment Structure

Standard Payment Terms:

• 50% deposit upon contract signing (to commence work)
• 30% at project midpoint or upon completion of agreed milestone
• 20% upon final delivery and approval

For projects over $30,000:

• Custom milestone-based payment schedules may be arranged
• Monthly payment plans available with approved terms

4.3 Late Payments

• Payments are due within 7 days of invoice date unless otherwise specified
• Late payments may incur a fee of 5% per month or the maximum allowed by law
• Work may be suspended for accounts more than 14 days overdue
• We reserve the right to withhold deliverables until payment is received in full

4.4 Refund Policy

• Deposits are non-refundable once work has commenced
• Refunds for completed work are at our sole discretion
• If the project is cancelled mid-way, you will be charged for all work completed to date
• See our Refund Policy for detailed information

5. Intellectual Property Rights

5.1 Client-Provided Materials

• You retain all ownership rights to materials, content, and intellectual property you provide
• You grant us a license to use these materials solely for the purpose of completing the project

5.2 Work Product Ownership

Upon full payment:

• You receive full ownership of the deliverables created specifically for your project (except source code, unless agreement was reached)
• Ownership transfer is contingent on full payment of all invoices

Before full payment:

• All work product remains the property of Dkingstech
• We retain the right to use work product for our portfolio and marketing purposes

5.3 Third-Party Components

• Projects may include third-party libraries, frameworks, plugins, or tools with their own licenses
• You must comply with all third-party license terms and conditions
• We will identify major third-party components used in your project

5.4 Pre-Existing Materials

• We retain ownership of our pre-existing methodologies, tools, templates, and know-how
• We grant you a non-exclusive license to use these materials as part of your project

5.5 Portfolio Rights

• We reserve the right to showcase completed projects in our portfolio, website, and marketing materials
• If confidentiality is required, you must notify us in writing before project commencement

6. Warranties and Limitations

6.1 Our Warranties

We warrant that:

• Services will be performed with reasonable skill and care
• Work will substantially conform to the agreed specifications

6.2 Warranty Limitations

We do not warrant that:

• The deliverables will be error-free or uninterrupted in operation
• All defects will be corrected
• Deliverables will meet all of your requirements (beyond agreed specifications)
• Third-party services or integrations will function without interruption

6.3 Client Warranties

You warrant that:

• You have the authority to enter into this agreement
• All information and materials provided are accurate and legally compliant
• You have the right to use all provided content and materials
• You will not use our services for illegal or unethical purposes

6.4 Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, ALL SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7. Limitation of Liability

7.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM.

7.2 Excluded Damages

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits or revenue
• Loss of data or business information
• Business interruption or downtime
• Cost of substitute services
• Damage to reputation

7.3 Exceptions

Nothing in these Terms shall limit or exclude our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be limited or excluded by law

8. Confidentiality

8.1 Confidential Information

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the business relationship, including:

• Business strategies and plans
• Technical information and trade secrets
• Financial information
• Customer and client data
• Project specifications and requirements

8.2 Exceptions

Confidential information does not include information that:

• Is publicly available through no breach of this agreement
• Was already known prior to disclosure
• Is independently developed without use of confidential information
• Must be disclosed by law or court order

8.3 Non-Disclosure Agreements

We are willing to sign separate Non-Disclosure Agreements (NDAs) when requested by clients before project discussions.

9. Termination

9.1 Termination by Client

You may terminate the project at any time by providing written notice. Upon termination:

• You will be invoiced for all work completed to date
• You will receive work products completed up to the termination date
• All outstanding invoices become immediately due and payable
• Deposits are non-refundable

9.2 Termination by Dkingstech

We may terminate this agreement if:

• You fail to make timely payments
• You breach any material term of this agreement
• You engage in abusive, threatening, or unethical behavior
• The project becomes illegal or unethical to complete

Upon termination by us, you will receive a refund for any work not yet completed, minus work already performed.

9.3 Effect of Termination

Upon termination:

• All outstanding payments become immediately due
• We will cease work on the project
• Confidentiality obligations continue indefinitely
• Intellectual property rights remain as specified in Section 5

10. Support and Maintenance

10.1 Post-Launch Support

All projects include a complimentary post-launch support period (30-90 days as specified in the agreement) covering:

• Bug fixes and error corrections
• Minor adjustments and tweaks
• Technical support and guidance

10.2 Ongoing Maintenance

After the complimentary support period:

• Ongoing maintenance is available through monthly retainer agreements
• Rates and terms are specified in separate maintenance agreements
• Emergency support is available at premium rates

10.3 Third-Party Services

• We are not responsible for issues caused by third-party services, hosting providers, or plugins
• Support for third-party components is subject to those providers' terms and availability

11. Hosting and Domain

11.1 Hosting Arrangements

• We can recommend hosting providers but are not responsible for hosting performance
• You are responsible for hosting fees, domain registration, and related costs
• We can manage hosting on your behalf under separate hosting management agreements

11.2 Domain Ownership

• Domain names registered by you remain your property
• If we register domains on your behalf, ownership transfers to you upon full payment
• You are responsible for domain renewal fees and management

12. Force Majeure

We shall not be liable for any failure or delay in performing obligations under this agreement due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God (natural disasters, epidemics, pandemics)
• War, terrorism, or civil unrest
• Government actions or restrictions
• Power outages or internet service disruptions
• Third-party service failures

During force majeure events, our obligations will be suspended, and timelines will be extended accordingly.

13. Dispute Resolution

13.1 Informal Resolution

In the event of any dispute or disagreement, both parties agree to first attempt resolution through good-faith negotiation.

13.2 Mediation

If informal resolution fails, both parties agree to attempt mediation before pursuing legal action.

13.3 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Any legal action or proceeding shall be brought exclusively in the courts located in Rivers State, Nigeria.

13.4 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any signed service agreements, constitute the entire agreement between you and Dkingstech and supersede all prior communications, agreements, or understandings.

14.2 Amendments

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Material changes will be communicated to active clients via email.

14.3 Assignment

You may not assign or transfer your rights under this agreement without our prior written consent. We may assign our rights to any successor or affiliate.

14.4 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

14.5 Independent Contractors

The relationship between you and Dkingstech is that of independent contractors. Nothing in this agreement creates a partnership, joint venture, or employment relationship.

15. Contact Information