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Terms and Conditions
GDP DEVELOPMENTS. Terms & Conditions
Last Updated: July 1, 2024
Welcome to GDP DEVELOPMENTS. These Terms & Conditions ("Terms") govern your use of our services, including but not limited to Custom Web & Web Application Development, Frontend & Backend Development, Cloud & SaaS Development, QuickBooks & Payment Services Integration, WordPress & Shopify Development, and Custom API and Webhook Integrations (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
1. Definitions
1.1. "GDP DEVELOPMENTS", "we", "us", or "our" refers to GDP DEVELOPMENTS, the provider of the Services.
1.2. "Client", "you", or "“your" refers to any individual or entity using our Services.
1.3. "Services" refers to all services provided by GDP DEVELOPMENTS, including but not limited to Custom Web & Web Application Development, Frontend & Backend Development, Cloud & SaaS Development, QuickBooks & Payment Services Integration, WordPress & Shopify Development, and Custom API and Webhook Integrations.
1.2. "Client", "you", or "“your" refers to any individual or entity using our Services.
1.3. "Services" refers to all services provided by GDP DEVELOPMENTS, including but not limited to Custom Web & Web Application Development, Frontend & Backend Development, Cloud & SaaS Development, QuickBooks & Payment Services Integration, WordPress & Shopify Development, and Custom API and Webhook Integrations.
2. Services
2.1. GDP DEVELOPMENTS agrees to provide the Services as described on our website and in our service agreements. All Services are provided based on the scope and specifications mutually agreed upon by GDP DEVELOPMENTS and the Client.
2.2. The scope, features, and functionality of the Services are described in our service descriptions, proposals, and contracts. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.
2.2. The scope, features, and functionality of the Services are described in our service descriptions, proposals, and contracts. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.
3. Client Responsibilities
3.1. Provision of Information: The Client agrees to provide accurate, complete, and timely information as requested by GDP DEVELOPMENTS to perform the Services.
3.2. Compliance: The Client agree to comply with all applicable laws, regulations, and third-party rights in connection with your use of the Services.
3.3. Copyright and Trademarks: The Client is responsible for ensuring that all data and materials are provided to GDP DEVELOPMENTS do not infringe on any third-party intellectual property rights.
3.4. Account Security: The Client is responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3.2. Compliance: The Client agree to comply with all applicable laws, regulations, and third-party rights in connection with your use of the Services.
3.3. Copyright and Trademarks: The Client is responsible for ensuring that all data and materials are provided to GDP DEVELOPMENTS do not infringe on any third-party intellectual property rights.
3.4. Account Security: The Client is responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4. Fees and Payment
4.1. Fees: The Client agrees to pay all fees and charges for the Services in accordance with the pricing terms specified in the service agreement. Fees for the Services are specified in the applicable proposal or contract. GDP DEVELOPMENTS reserves the right to modify its fees at any time, upon reasonable notice to you.
4.2. Change orders: Client are charged at an hourly rate. The Client agrees to pay all fees and charges for the Change Order Services in accordance with the pricing terms specified in the service agreement.
4.3. Payment Terms: Payment terms are specified in the applicable proposal or contract. You agree to pay all fees in accordance with the agreed terms. Late payments may incur 15% interest and collection and attorney costs.
4.4. Taxes: All fees are exclusive of any taxes, levies, or duties imposed by taxing authorities. You are responsible for paying any applicable taxes.
4.2. Change orders: Client are charged at an hourly rate. The Client agrees to pay all fees and charges for the Change Order Services in accordance with the pricing terms specified in the service agreement.
4.3. Payment Terms: Payment terms are specified in the applicable proposal or contract. You agree to pay all fees in accordance with the agreed terms. Late payments may incur 15% interest and collection and attorney costs.
4.4. Taxes: All fees are exclusive of any taxes, levies, or duties imposed by taxing authorities. You are responsible for paying any applicable taxes.
5. Intellectual Property
5.1. Ownership: All intellectual property rights in the materials, software, and content provided by GDP DEVELOPMENTS remain the property of GDP DEVELOPMENTS or its licensors. The Client is granted a non-exclusive, non-transferable license to use such materials solely for the purposes outlined in the service agreement.
5.2. Client Ownership: The Client retains ownership of all intellectual property rights in any data or materials provided to GDP DEVELOPMENTS for the performance of the Services.
5.3. License: Subject to your compliance with these Terms, GDP DEVELOPMENTS grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes.
5.2. Client Ownership: The Client retains ownership of all intellectual property rights in any data or materials provided to GDP DEVELOPMENTS for the performance of the Services.
5.3. License: Subject to your compliance with these Terms, GDP DEVELOPMENTS grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes.
6. Confidentiality
6.1. Confidential Information: "Confidential Information" includes any business, technical, or financial information disclosed by one party to the other. Both parties agree to maintain the confidentiality of such information and not to disclose it to any third party without the other party’s prior written consent.
6.2. Exceptions: Confidential Information does not include information that is (a) publicly available, (b) already in the receiving party’s possession, (c) independently developed, or (d) rightfully obtained from third parties.
6.2. Exceptions: Confidential Information does not include information that is (a) publicly available, (b) already in the receiving party’s possession, (c) independently developed, or (d) rightfully obtained from third parties.
7. Warranties and Disclaimers
7.1. Warranties: GDP DEVELOPMENTS warrants that the Services will be provided in a professional and workmanlike manner.
7.2. Disclaimers: Except as expressly provided herein, the Services are provided "as is" and "as available," without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
7.2. Disclaimers: Except as expressly provided herein, the Services are provided "as is" and "as available," without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8. Limitation of Liability
8.1. To the maximum extent permitted by law, GDP DEVELOPMENTS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.
9. Indemnification
9.1. The Client agrees to indemnify, defend, and hold harmless GDP DEVELOPMENTS, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (i) the Client's use of the Services; (ii) any breach of these Terms by the Client; (iii) any violation of applicable law by the Client; or
10. Termination
10.1. Termination by You: You may terminate your use of the Services at any time by notifying GDP DEVELOPMENTS and ceasing all use of the Services.
10.2. Termination by GDP DEVELOPMENTS: GDP DEVELOPMENTS may terminate or suspend your access to the Services at any time, with or without cause, with or without notice. Upon termination, your right to use the Services will immediately cease.
10.2. Termination by GDP DEVELOPMENTS: GDP DEVELOPMENTS may terminate or suspend your access to the Services at any time, with or without cause, with or without notice. Upon termination, your right to use the Services will immediately cease.
11. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or related to them, or the Services will be governed by and construed in accordance with the laws of the state where GDP DEVELOPMENTS is headquartered, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms, or the Services shall be resolved exclusively in the state or federal courts located in Texas, Houston, and you and GDP DEVELOPMENTS consent to personal jurisdiction and venue in these courts.
12. Miscellaneous
12.1. Entire Agreement: These Terms constitute the entire agreement between you and GDP DEVELOPMENTS and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
12.2. Amendments: GDP DEVELOPMENTS may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the Services after the changes take effect constitutes your acceptance of the revised Terms.
12.3. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
12.4. Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and GDP DEVELOPMENTS's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
12.5. Assignment: You may not assign or transfer any of your rights or obligations under these Terms without GDP DEVELOPMENTS's prior written consent. GDP DEVELOPMENTS may assign or transfer any or all of its rights under these Terms, in whole or in part, without your consent.
12.6. Force Majeure: GDP DEVELOPMENTS shall not be liable for any failure or delay in performing its obligations under these Terms due to any cause beyond its reasonable control, including but not limited to acts of God, war, strikes, labor disputes, governmental orders, or any other force majeure event.
12.2. Amendments: GDP DEVELOPMENTS may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the Services after the changes take effect constitutes your acceptance of the revised Terms.
12.3. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
12.4. Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and GDP DEVELOPMENTS's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
12.5. Assignment: You may not assign or transfer any of your rights or obligations under these Terms without GDP DEVELOPMENTS's prior written consent. GDP DEVELOPMENTS may assign or transfer any or all of its rights under these Terms, in whole or in part, without your consent.
12.6. Force Majeure: GDP DEVELOPMENTS shall not be liable for any failure or delay in performing its obligations under these Terms due to any cause beyond its reasonable control, including but not limited to acts of God, war, strikes, labor disputes, governmental orders, or any other force majeure event.
13. Acceptance of Terms
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional terms and conditions referenced herein or available by hyperlink. If you do not agree to all of these terms, do not use our Services.
14. Contact Information
If you have any questions about these Terms, please contact us at: Info@GDPDevelopments.com