TERMS AND CONDITIONS
These terms and conditions apply to all Divine Design Studios ("The Supplier") App Development projects. Also check out Divine Design Studios’s separate Service terms and conditions if the App is to be hosted or supported by us.
Trade Names And Legal Authority
Post-Acquisition, Divine Design Studios is a trade name of its parent entity, Codex Lab Inc. Effective August 1, 2022, Divine Design Studios is no longer associated with any other registered companies, trade names, or doing business as (DBA) entities. All legal agreements, transactions, and communications pertaining to Divine Design Studios are now conducted under the authority of Codex Lab Inc.
Acceptance
Before any work can begin, a brief summary of these terms and conditions must be agreed upon and included with project quotations. If you pay a deposit or make a payment online, you're agreeing to our terms and conditions. Our terms and conditions are always available for review on our website.
Charges
In the project proposal sent to the Client via email, Divine Design Studios outlines the charges for the services it will provide. Unless otherwise agreed upon in advance with the Client, proposal quotations are valid for 30 days from the date of issue. After the deadline has passed, Divine Design Studios reserves the right to alter or decline to provide a quotation.
Feedback
Divine Design Studios will allow the Client to review the App's design and content at various points during the design process and once it's finished. If the Client does not notify Divine Design Studios within twenty days of the date the materials are made available to the Client, the materials will be deemed accepted and approved.
Project Management and Schedule
Most of the time, Divine Design Studios will deliver the client's app on or before the deadline set forth in the project proposal. In the absence of a deadline, the project will be completed within eight weeks of receipt of the initial payment, unless the Client requests or Divine Design Studios agrees to a delay due to a change in the project scope. During the initial project discussion, an alternative time-frame can be agreed upon.
As a result, the Client agrees to delegate a single person as the "first point of contact" to help Divine Design Studios complete the project in a timely and satisfactory manner, in exchange.
Divine Design Studios will need copy and images from the client for the duration of the project. Divine Design Studios reserves the right to notify the client of a revision to the final payment if content is not provided within two weeks of an official email request. This revision will be subject to any costs incurred as a result of the project delay. The project will be terminated and the final invoice will be sent to the Client if the Client does not provide content within four weeks of the original email request. Upon agreement with Divine Design Studios on a new quotation document and payment of the original fees, Divine Design Studios will recommence the project at its discretion.
Cost
When the project begins, an invoice for the initial setup fee will be sent out. Divine Design Studios will issue a final invoice once the Development, Design, and any associated services have been completed. Bills for intermediate milestones can be issued if necessary, depending on the scope of the project and the agreed-upon milestones. Normally, invoices are sent via email and SMS, but clients have the option of receiving paper invoices instead. All invoices must be paid in full by the due date. There will be no release of the source code or app to App Stores until final payment has been received. Divine Design Studios will consider the account delinquent if the invoice is not paid within thirty days.
Responsibility
It is at Divine Design Studios’s sole discretion whether or not it removes any data or files from its host space that belong to the defaulting client. Losses caused by the deactivation of the service are not the responsibility of Divine Design Studios. It does not relieve the Client of the obligation to pay any outstanding charges on the Client's account if such material is removed from their computer.
Termination
The Client must request termination of the project in writing or via email, and this notice will take effect upon receipt. Termination requests made over the phone will not be honored unless they are accompanied by written confirmation, such as an email.
Design and development work completed until notice of cancellation must be paid in full within fourteen days.
Even if no deliverable work has been completed, a deposit paid before the project began will be forfeited if the client cancels the project.
Limitations imposed by the law
The Divine Design Studios Non-Disclosure Agreement and the Divine Design Studios Services Terms and Conditions apply to client apps hosted and supported under this agreement.
The right to use one's own original creative work
Data, files, and logos provided by the Client are owned by the Client, but Divine Design Studios has the right to publish and use them. If a third party has copyrighted information or files, the Client must obtain the third party's permission and rights before using it. Divine Design Studios agrees to indemnify and hold harmless the Client from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions, which the Client must grant to Divine Design Studios. By signing an agreement with Divine Design Studios, the client is guaranteeing that all necessary authorizations and permissions have been obtained. Requests for proof of permissions and authority may be made.
Requirements for Media Delivery
Any text provided by the Client in electronic format (ASCII text files delivered via e-mail, CD-ROM, DVD, or FTP) and all photographs and other graphics provided physically in high quality print suitable for scanning or electronically in.gif,.jpg, or.png format are assumed to be provided by the Client unless otherwise specified in the project quotation. A detailed scope of work will be outlined and agreed upon with the client in advance of the start of the project. Although Divine Design Studios will make every effort to return any images or printed materials provided by the Client for use in the creation of the Client's App, Divine Design Studios cannot guarantee that such return will occur.
Requirements for accessing the system
If the Client’s App is to be published on a third-party development account, Divine Design Studios must be granted temporary access the account to prepare App submission. To use a third-party remote server, the Client must provide full access to storage and content directories. Server configuration may be necessary for additional resources depending on the project.
Modifications Made After the Completion of the Project.
Divine Design Studios will not be held responsible for any changes made to the Client's App after it has been installed, whether by the Client or a third party. In addition to, but not limited to, additions, modifications, and deletions, such alterations may be made. Prior to resolving any issues, Divine Design Studios may require a one-time App Development fee.
Third Party Services
If third-party services, such as Google Maps API, are required by Divine Design Studios to complete the Client's project requirements, we will make certain that these services are integrated into the project and function properly upon completion. Divine Design Studios. A one-time App Development fee may be required to resolve any issues that may arise from the Client's use of these third-party services, which Divine Design Studios cannot be held responsible for.
Domain Names
A domain name purchased by Divine Design Studios on behalf of the Client may be renewed on an annual basis and invoiced to the Client by Divine Design Studios. At sixty and thirty days before domain expiration, reminder emails will be sent to the client. Ten days before expiration, domains are automatically renewed. Customers must inform Divine Design Studios of their intent to no longer use a domain twenty days before it expires. Divine Design Studios is not responsible for any domain-related losses, cancellations, or changes as a result of nonpayment or late payment. Payment due dates should be kept in mind by the Client in order to ensure timely payment.
General Terms
All prior representations, understandings, or agreements are superseded by these Terms and Conditions. Acceptance of these Terms and Conditions is indicated by the Client's signature below or by the payment of an advance fee. In order to make a payment online, you must agree to the terms and conditions listed here.
Laws of the Land
Without regard to the rules governing the choice of law, this Agreement shall be interpreted and enforced in accordance with the laws of US, applicable therein.
