Terms of Service

Who we are and who these terms are for

programmingagency.com is operated by the company whose registered details are shown in the image at the bottom of this page ("we", "us"). Our services are intended for businesses and people acting for a business ("you"). By creating an account or accepting a scope, you confirm that you act on behalf of a business.

Estimates

Estimates are preliminary and calculated by our pricing model from the answers you give. They are not a binding offer.
The price of each stage becomes binding only when it is stated in a scope you accept in the panel.
Up to 3 estimates per session and 5 per IP address per day are available without an account. Accounts may have higher limits.

Your account

You need an account to unlock full estimates, accept scopes and order services. You confirm your email with a code we send you.
Keep your password confidential. You are responsible for activity in your account and for the roles you give to colleagues.
We may suspend accounts used for abuse, fraud or automated misuse of the estimate tool.

Project stages and payment

A project runs in stages: Discovery and scope, Design, Build sprints, and Launch and handover.
Discovery and scope costs 10 percent of the estimate, at least $1,900.
When you accept a stage, we issue its invoice automatically. Work on a stage starts after the invoice is paid.
Each stage is a separate order. You may stop after any stage without paying for stages you have not accepted.
Changes to the scope are priced at the model rate of $89 per hour of team time and take effect in the next stage you accept.
Prices are in US dollars and exclude taxes, which are added where required.

Maintenance and dedicated developer plans

Maintenance plans (Care $990, Growth $2,490, Scale $4,990 per month, or $842, $2,117 and $4,242 per month billed yearly) and dedicated developer plans (Part-time $4,900, Full-time $8,900 per month) renew automatically for the same period until cancelled.
You can cancel in the panel at any time. The plan stays active until the end of the paid period and is not renewed.
Hours included in a plan are valid for the month they belong to and do not roll over.
Response times are measured in business hours or days from your request in the panel to the start of work.

Ownership of the work

We commit code to a repository you own.
Intellectual property rights in the work delivered in a stage, or in a month of a plan, transfer to you when that stage or month is paid in full.
We keep the right to reuse general know-how and open source components, and to use our own pre-existing tools, which we license to you for use with your product.
Third-party services and open source components remain under their own licenses.

Confidentiality

A mutual NDA and a master services agreement are available in your panel. Once accepted, they apply together with these terms. If they conflict, the signed agreement takes priority.

Your responsibilities

Provide accurate information, timely feedback and the access the work needs.
Make sure you have the right to share the materials and data you give us.
Approve or comment on each stage result within 10 business days. Silence after that time counts as acceptance.

Warranty and liability

We perform work with professional care. For 30 days after each stage is accepted, we fix defects in that stage that do not match the accepted scope, at no extra cost.
We do not guarantee business results, rankings, revenue or approval by app stores or third parties.
Our total liability for any claim is limited to the amount you paid for the stage or plan month the claim relates to. We are not liable for indirect or consequential losses, lost profits or lost data where you did not keep backups, to the extent the law allows.

Termination

You can close your account at any time. We can end the agreement if you breach these terms and do not fix the breach within 14 days of our written notice. Paid work is delivered or handed over in its current state, and unpaid stages are not owed.

Communication

We communicate in writing through the panel and by email. Notices to us go to [email protected].

Changes to these terms

We may update these terms. Changes apply to stages and plan periods that start after the update. Account holders are informed by email.

Governing law

These terms are governed by the law of the country where our company is registered, as shown in the company details. Disputes go to the courts competent for our registered office, unless mandatory law says otherwise.