1. Acceptance of Terms
Welcome to EcomTech. These Terms of Service ("Terms") govern your use of our website located at ecomtechbd.com and any related services provided by EcomTech ("we," "us," or "our").
By accessing and using our website or services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
These Terms apply to all visitors, users, and others who access or use our services.
2. Our Services
2.1 Service Description
EcomTech provides digital technology services including but not limited to:
- Web development and design
- Mobile application development
- E-commerce solutions
- Custom software development
- UI/UX design services
- Digital consulting and strategy
- Technical support and maintenance
2.2 Service Availability
We strive to provide reliable and consistent service access. However, we cannot guarantee uninterrupted availability and reserve the right to modify, suspend, or discontinue any service with or without notice.
2.3 Service Modifications
We reserve the right to modify, update, or improve our services at any time. We will make reasonable efforts to notify you of significant changes that may affect your use of our services.
3. User Obligations
3.1 Acceptable Use
You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to use our services:
- For any unlawful purpose or to solicit others to perform unlawful acts
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
- To submit false or misleading information
- To upload or transmit viruses or any other type of malicious code
3.2 Account Security
If you create an account on our website, you are responsible for:
- Maintaining the confidentiality of your account and password
- All activities that occur under your account
- Notifying us immediately of any unauthorized use of your account
3.3 Accurate Information
You agree to provide accurate, current, and complete information when using our services and to update such information to maintain its accuracy.
4. Intellectual Property Rights
4.1 Our Content
The service and its original content, features, and functionality are and will remain the exclusive property of EcomTech and its licensors. The service is protected by copyright, trademark, and other laws.
4.2 Your Content
You retain ownership of any intellectual property rights that you hold in content that you provide to us. However, by providing content, you grant us a worldwide, non-exclusive, royalty-free license to use, modify, and distribute your content solely for the purpose of providing our services.
4.3 Developed Solutions
For custom development projects:
- You will own the final deliverables upon full payment
- We retain rights to general methodologies, know-how, and techniques
- Third-party components remain subject to their respective licenses
- We may showcase completed work in our portfolio (with your consent)
5. Payment Terms
5.1 Pricing
Prices for our services are quoted based on project scope and requirements. All prices are in USD unless otherwise specified.
5.2 Payment Schedule
Unless otherwise agreed in writing:
- 50% payment required before project commencement
- Remaining 50% due upon project completion
- Monthly retainer fees (if applicable) are due in advance
- Additional work beyond scope requires prior approval and payment
5.3 Late Payments
Late payments may result in:
- Suspension of work until payment is received
- Late fees of 1.5% per month on overdue amounts
- Termination of services for payments more than 30 days overdue
5.4 Refunds
Refunds are considered on a case-by-case basis. Initial deposits are generally non-refundable once work has commenced.
6. Project Delivery and Timelines
6.1 Project Timelines
We provide estimated timelines for project completion based on scope and requirements. Actual delivery may vary due to:
- Changes in project scope or requirements
- Delays in receiving necessary materials or feedback from you
- Technical complexities not apparent during initial assessment
- Force majeure events beyond our control
6.2 Client Responsibilities
Timely project delivery depends on your cooperation, including:
- Providing required content, materials, and access
- Timely feedback and approval of deliverables
- Making necessary business decisions promptly
- Ensuring availability of key stakeholders
6.3 Testing and Acceptance
You will have a reasonable period to test and review deliverables. Acceptance is assumed if no feedback is provided within the agreed timeframe.
7. Warranties and Disclaimers
7.1 Service Warranty
We warrant that our services will be performed in a professional manner consistent with industry standards. However, we do not guarantee specific results or outcomes.
7.2 Disclaimers
EXCEPT AS EXPRESSLY PROVIDED, OUR 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
- NON-INFRINGEMENT
- COURSE OF PERFORMANCE OR COURSE OF DEALING
7.3 Technical Limitations
We cannot guarantee that our services will be error-free, uninterrupted, or meet all your requirements. Technology limitations and third-party dependencies may affect service delivery.
8. Limitation of Liability
8.1 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
8.2 Consequential 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 use
- Business interruption
- Cost of substitute services
8.3 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, or internet service failures.
9. Termination
9.1 Termination by You
You may terminate your agreement with us at any time by providing written notice. You remain responsible for all charges incurred prior to termination.
9.2 Termination by Us
We may terminate or suspend your access to our services immediately, without prior notice, for:
- Breach of these Terms
- Non-payment of fees
- Fraudulent or illegal activity
- Any conduct that we believe harms our business or reputation
9.3 Effect of Termination
Upon termination:
- Your right to use our services will cease immediately
- We may delete your account and data
- Outstanding payments become immediately due
- Provisions that should survive termination will remain in effect
10. Privacy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our services. By using our services, you agree to the collection and use of information in accordance with our Privacy Policy.
Please review our Privacy Policy, which also governs your use of our services, to understand our practices.
11. Governing Law and Jurisdiction
These Terms shall be interpreted and governed by the laws of New York, United States, without regard to its conflict of law provisions.
Any disputes arising out of or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of New York, United States.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
12. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will:
- Provide at least 30 days notice prior to any new terms taking effect
- Notify you via email or through our website
- Provide opportunity to review the updated terms
Your continued use of our services after any changes constitutes acceptance of the new Terms. If you do not agree to the new Terms, you must stop using our services.
13. Contact Information
If you have any questions about these Terms of Service, please contact us:
EcomTech
Email: legal@ecomtechbd.com
Phone: +1-845-681-6205
Address: 99 Wall Street #112, New York, NY 10005, United States
Website: https://ecomtechbd.com
We will respond to your inquiry within 5 business days and work to address any concerns you may have about these terms.