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# DEVOPTIMISATION LLC – Terms & Conditions

Last updated: July 16, 2025

Plain‑English summary (not a substitute for the full legal terms): DEVOPTIMISATION LLC provides custom web design, branding, and digital marketing services on a project (Statement of Work) basis. Pricing is negotiated individually. You are invoiced after you approve deliverables (or at agreed milestones). Payments are collected in EUR via secure Stripe Payment Links within 2–3 days of approval unless otherwise stated in the SOW. Refund requests are handled under our [Refund Policy]. The full legally binding terms follow below.

1. AGREEMENT TO OUR LEGAL TERMS

These Terms & Conditions (the “Terms”) are a binding agreement between DEVOPTIMISATION LLC (“Company,” “DEVOPTIMISATION,” “we,” “us,” or “our”) and you, whether acting individually or on behalf of an organization (“Client,” “you”). These Terms govern your access to and use of our website https://devoptimisation.com (the “Site”) and any related services, proposals, statements of work, deliverables, support, or consulting we provide (collectively, the “Services”).

By executing a proposal, Statement of Work (SOW), project agreement, or by paying an invoice issued by DEVOPTIMISATION, you confirm that you have read, understood, and agree to these Terms. If you do not agree, do not engage our Services.

2. CONTACT INFORMATION

Legal Entity: DEVOPTIMISATION LLC
Registered Address: 30 N Gould St Ste 100, Sheridan, WY 82801 USA
Support Email: contact@devoptimisation.com
Support Phone: (+1) 718‑814‑3425
Response Time: We aim to respond to all support requests within 1 business day.

3. ELIGIBILITY

You must be at least 18 years old (or the age of majority in your jurisdiction) to enter into a binding agreement for Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

4. SCOPE OF SERVICES

We are a digital agency providing (without limitation):

  • Custom website design & development (marketing, e‑commerce, landing pages, web apps)

  • Branding & visual identity (logos, color palettes, brand guides)

  • Digital marketing & SEO consulting / campaign execution

  • Ongoing maintenance, performance, security & analytics support

Specific deliverables, milestones, timelines, acceptance criteria, and pricing are detailed in a written Proposal / Statement of Work (SOW) issued for each engagement. The SOW forms part of these Terms once accepted in writing (email confirmation is sufficient unless otherwise required).

5. CUSTOM PRICING; QUOTES & VALIDITY

  1. Project‑Based Quotes. All pricing is custom and based on your documented requirements. Written quotes are valid for 30 days unless stated otherwise.

  2. Change Requests. Material scope changes may require a revised quote or change order. We will obtain your written approval before proceeding with out‑of‑scope work.

  3. Taxes. Prices are quoted exclusive of taxes unless stated. Applicable sales, VAT, or similar taxes will be added where required by law.

6. BILLING CURRENCY & PAYMENT TIMING

  1. Currency. Unless your SOW states otherwise, all invoices are issued and payable in United States Dollars (EUR).

  2. When You Are Charged. For most fixed‑fee projects, we invoice after you approve the final deliverables; payment is due within 2–3 calendar days via Stripe Payment Link. Alternate milestone or retainer billing schedules may be defined in the SOW.

  3. Payment Method. We accept card payments (Visa, Mastercard, American Express, Discover, and others supported by Stripe) via secure Stripe‑hosted Payment Links. Bank transfer or other methods may be available on request.

  4. Late Payments. Amounts unpaid after the due date may, at our discretion, incur a late fee of 1.5% per month (or the maximum allowed by law) and/or suspension of Services until paid.

  5. Collections. You are responsible for reasonable costs of collection (including attorneys’ fees) for unpaid invoices.

7. CLIENT OBLIGATIONS & COOPERATION

You agree to:

  • Provide timely access to content, brand assets, logins, and decision‑makers.

  • Review deliverables promptly (default review window: 5 business days unless SOW differs).

  • Provide consolidated written feedback.

  • Secure all required third‑party approvals (legal, compliance, etc.).
    Delays in providing required inputs may extend timelines.

8. ACCEPTANCE OF DELIVERABLES

A deliverable is deemed accepted when: (a) you confirm in writing (email is fine), or (b) you begin using the deliverable in production without objection within the review window stated in the SOW (or 5 business days if not stated). Once accepted, billing triggers per Section 6.

9. REFUNDS, REVISIONS & CANCELLATION

Our full [Refund Policy] is incorporated by reference. Key points:

  • Deposits / booking fees (if any) are typically non‑refundable once work begins (see SOW).

  • If you are dissatisfied with an accepted deliverable, contact us within 30 days; we will attempt good‑faith revisions.

  • Refunds (partial or full) are evaluated case‑by‑case based on work performed vs. agreed scope.

  • Where a refund is approved, it will be issued to the original payment method within 14 business days.

  • Third‑party costs (domains, licensed stock assets, hosting) are non‑refundable once purchased on your behalf.

10. LICENSES & THIRD‑PARTY MATERIALS

  1. Our Work Product. Upon full payment, and unless otherwise specified in the SOW, we grant you a worldwide, non‑exclusive, royalty‑free license to use, display, and modify final project deliverables for your business purposes. We retain ownership in underlying tools, frameworks, design methods, and non‑custom code libraries.

  2. Third‑Party Assets. Projects may include themes, plugins, fonts, icons, stock imagery, or code libraries licensed from third parties. Such components remain subject to their respective license terms. We will obtain standard commercial licenses where required and can provide documentation on request.

  3. Client‑Provided Materials. You represent that you have all rights necessary to supply content (images, copy, data) and grant us a license to use that material to perform the Services.

11. INTELLECTUAL PROPERTY RIGHTS (GENERAL)

Except for rights expressly granted in Section 10, DEVOPTIMISATION retains all intellectual property rights in and to the Site, pre‑existing materials, tools, processes, templates, and know‑how. No implied licenses are granted. All rights not expressly granted are reserved.

12. CONFIDENTIALITY

Each party agrees to keep non‑public business, technical, or financial information received from the other party confidential and to use it solely for performing under these Terms or an SOW. Exclusions: information that is (i) public without breach; (ii) independently developed; (iii) lawfully received from a third party; or (iv) required by law (with notice where legally permitted).

13. DATA PRIVACY

Our collection and use of personal data is described in our [Privacy Policy]. By engaging our Services, you consent to that processing. Where required (e.g., GDPR controller/processor relationships), a separate Data Processing Addendum (DPA) may be executed.

14. SERVICE AVAILABILITY; HOSTING

If we provide managed hosting or refer you to a hosting provider, uptime, backups, and recovery are governed by the hosting provider’s terms. We are not responsible for third‑party outages, though we will provide commercially reasonable assistance in remediation.

15. DISCLAIMER OF WARRANTIES

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR‑FREE OPERATION.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR DATA LOSS), EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS UNDER THESE TERMS OR ANY SOW WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID TO US FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM DURING THE 12‑MONTH PERIOD PRECEDING THE EVENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED.

17. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless DEVOPTIMISATION LLC and its officers, employees, and agents from and against third‑party claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of: (i) Client‑provided materials; (ii) your breach of these Terms or an SOW; (iii) your violation of law or third‑party rights.

18. DISPUTE RESOLUTION

18.1 Informal Resolution

Before filing a formal claim, the parties will attempt in good faith to resolve any dispute within 30 days after written notice.

18.2 Binding Arbitration (U.S. Clients)

Except for claims seeking injunctive relief or intellectual property protection, disputes will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial (or Consumer, if applicable) Rules. Venue: Sheridan County, Wyoming, unless the parties agree to remote proceedings. Each party bears its own legal fees unless the arbitrator awards otherwise.

18.3 Court Jurisdiction

If arbitration is inapplicable or unenforceable, the parties submit to the exclusive jurisdiction of state and federal courts located in Wyoming, USA.

19. GOVERNING LAW

These Terms and any related SOW are governed by the laws of the State of Wyoming, without regard to conflict‑of‑law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20. MODIFICATIONS

We may update these Terms from time to time. We will notify Clients of material changes via email or site notice. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

21. MISCELLANEOUS

  • No agency, partnership, or joint venture is created by these Terms.

  • Rights or obligations may not be assigned without prior written consent, except we may assign to a successor in a merger or sale of substantially all assets.

  • If any provision is unenforceable, the remainder remains in effect.

  • A failure to enforce any provision is not a waiver.

  • These Terms + any applicable SOW + referenced policies (Refund Policy, Privacy Policy) form the entire agreement between the parties.

22. CONTACT US

Questions about these Terms? Need a copy of your project documents? Contact us:

DEVOPTIMISATION LLC
30 N Gould St Ste 100
Sheridan, WY 82801
United States
Phone: (+1) 718‑814‑3425
Email: contact@devoptimisation.com

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End of Terms