Terms of Service

1. Parties

These Terms of Service ("Terms") govern the contractual relationship between Kamsiyochukwu Emma-Ugoji, operating as KamsyStudio ("we", "us", "our"), and any individual or entity ("Client", "you") that accesses this website or engages our services.

2. Services

KamsyStudio provides web design, development, and related digital services. The specific scope, deliverables, timeline, and price for each engagement are agreed upon in writing (email or a signed proposal) before work begins.

3. Payments

• Prices are stated in Swiss Francs (CHF) unless otherwise agreed.
• Invoices are due within 14 days of issue unless stated otherwise.
• For projects exceeding CHF 1,000, we typically require a 50 % deposit before commencing work, with the balance due upon delivery.
• Late payments accrue interest at 5 % per annum from the due date and may result in work being paused until the outstanding balance is settled.
• All payments are non-refundable once work has commenced, except as provided in Section 6.

4. Intellectual Property

• Upon receipt of full payment, KamsyStudio assigns to the Client all intellectual property rights in the custom code and design assets created specifically for the Client.
• We retain ownership of any proprietary frameworks, libraries, tools, or components developed independently and incorporated into the work ("Background IP"). You receive a perpetual, royalty-free licence to use Background IP as part of your delivered project.
• Third-party open-source libraries and assets are subject to their respective licences.
• KamsyStudio reserves the right to display the work in our portfolio unless the Client requests confidentiality in writing before project commencement.

5. Client Responsibilities

You agree to:

• Provide accurate, complete project requirements and timely feedback.
• Ensure you hold the rights to any materials (text, images, logos) you supply to us.
• Not use our deliverables for any unlawful, harmful, deceptive, or infringing purpose.
• Keep login credentials and access tokens we provide you strictly confidential.

6. Cancellation & Refunds

• Either party may cancel a project by giving 7 days' written notice.
• If we cancel without cause, we will refund any prepaid amounts for work not yet delivered.
• If the Client cancels after work has commenced, the Client is liable for a pro-rata fee covering all work completed up to the cancellation date. Any deposit already paid will be applied to this fee; if the fee exceeds the deposit, the balance is due within 14 days.

7. Limitation of Liability

To the maximum extent permitted by applicable law:

• KamsyStudio's total liability arising out of or in connection with these Terms shall not exceed the total fees paid by the Client in the three months preceding the event giving rise to the claim.
• We are not liable for any indirect, consequential, incidental, or special damages, including lost profits, loss of data, or business interruption.

8. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party and to use it solely for the purposes of the engagement. This obligation survives termination for a period of 3 years.

9. Warranties & Disclaimer

We warrant that our services will be performed with reasonable care and skill. Except as expressly stated, services are provided "as is" without warranty of any kind. We do not guarantee that deliverables will be error-free or that they will meet every specific technical requirement not explicitly agreed upon.

10. Governing Law & Dispute Resolution

These Terms are governed by the laws of Switzerland, without regard to its conflict-of-law provisions. The courts of Zurich, Switzerland shall have exclusive jurisdiction over any dispute arising from these Terms. Before initiating legal proceedings, the parties agree to attempt resolution through good-faith negotiation for at least 30 days.

11. Changes to These Terms

We reserve the right to update these Terms at any time. Changes take effect upon posting to this page. Continued use of our services after changes constitutes acceptance of the updated Terms.

12. Contact

Questions about these Terms should be sent to kamsiyochukwuugoji@gmail.com.