Terms of Service

Acceptance of Terms

Welcome to CodeSommet. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you" or "your") and CodeSommet ("we", "our") regarding your use of our website, services and products.

By accessing our website at codesommet.com, engaging our services or making a payment, you agree to be bound by these Terms.

If you do not agree with any part of these Terms, you must not use our services. We reserve the right to modify these Terms at any time, and your continued use of our services constitutes acceptance of those modifications.

IMPORTANT: Please read these Terms carefully. They contain important information about your legal rights, remedies and obligations, including mandatory arbitration provisions and a class action waiver.

Definitions

"Services" means all web development, design, branding and related services provided by CodeSommet.

"Client" means any individual or legal entity that engages the services of CodeSommet.

"Deliverables" means the final work products created and delivered by CodeSommet.

"Project" means the specific scope of work agreed between the Client and CodeSommet.

"Retainer" means our monthly subscription service plans as described in your custom proposal.

"One-Time Project" means our website development service with pricing based on the scope and requirements of the project.

Services Provided

1. Retainer Services

Monthly Retainer Services

Our monthly retainer plans typically include:

Active project management
Dedicated senior development team
Regular check-in calls and updates
Fast task delivery
Revision requests as described in your agreement
Full design and development services
SEO optimization and content writing
Multichannel collaboration support
Branding and design services

*Specific features, pricing and deliverables vary by project and will be described in your custom proposal and signed agreement.

Enhanced Retainer Options

Premium retainer plans may also include:

Professional social media management
Multi-platform content creation
Strategic publishing and scheduling
Analytics and growth reports

*Available as add-ons or in premium retainers. Contact us for custom pricing.

2. Website Development (One-Time Projects)

Custom pricing based on project scope

Our website development projects typically include:

Custom, conversion-focused design
Fully responsive (mobile, tablet, desktop)
Professional content writing
Built-in SEO optimization
Regular progress updates
Multi-page website development
Revision rounds as specified in the proposal
Lead generation forms and analytics setup
Delivery timeline based on project complexity

*Pricing varies based on the size, complexity and specific requirements of the project. Additional pages and features may incur additional costs. Refer to your signed proposal for exact pricing and deliverables.

Scope of Services

All services are provided "as is" and are subject to the specific project agreement. We reserve the right to refuse service to anyone for any reason at any time.

Client Responsibilities

As a client, you agree to:

Provide information on time: Provide all content, images, brand assets and information needed to complete the project within the agreed timeframes.
Respond promptly: Provide feedback and approvals within 48 hours of the submission of deliverables to avoid project delays.
Grant necessary access: Provide login credentials, hosting access, domain access and any other access required to complete the project.
Hold the required rights: Ensure that you hold the legal rights to all content, images and materials you provide to us.
Make timely payments: Pay all invoices within the agreed payment terms.
Comply with the law: Use our services in compliance with all applicable laws and regulations.

Failure to provide the necessary materials or feedback on time may result in project delays. We are not responsible for delays caused by a lack of client responsiveness.

Payment Terms

1. Pricing and Fees

Pricing starts at $1,499 and is customized based on the scope, requirements and complexity of your project. Final pricing is discussed during your discovery call and documented in a custom proposal. All pricing is subject to change with 30 days' notice for ongoing retainer clients, unless otherwise agreed in writing.

You can start a quote request to get a custom proposal tailored to your project.

Monthly retainer services: Starting at $1,499/month, billed monthly in advance as described in your service agreement
Enhanced retainers: Custom pricing based on the selected features and services (e.g., +social media package)
One-time website projects: Starting at $1,499, with final pricing based on scope. Payment schedule typically split between an initial deposit and a final payment upon completion
Additional features and pages: Priced individually based on scope and complexity

*All pricing is subject to change. Final pricing is discussed during your discovery call and confirmed in your signed proposal and service agreement.

2. Payment Methods

We accept payment via:

Credit/debit cards (Visa, Mastercard, American Express)
Bank transfer (for larger invoices as specified in the agreement)
Stripe payment gateway (our secure payment processor)

All payments are processed securely through Stripe. We do not store your payment information.

3. Payment Schedule

Retainer services:

Billed on the 1st of each month. Automatically renews unless canceled with 7 days' notice before the next billing cycle.

One-time projects:

An initial deposit is typically required to begin work (amount specified in the proposal)
Final payment due upon project completion, before final delivery
Final files will not be released until full payment has been received

4. Late Payments

Invoices are due within 7 days of issuance, unless otherwise agreed.

Late payments may incur a 5% late fee after 7 days
Work may be suspended if payment is more than 14 days overdue
Unpaid accounts may be sent to collections after 30 days
We reserve the right to suspend or terminate services for non-payment

5. Refunds

Please see our detailed refund policy for detailed information on refunds and cancellations.

6. Taxes

Prices do not include applicable taxes. You are responsible for paying any sales tax, VAT, GST or other taxes that may apply to your purchase based on your location.

Intellectual Property Rights

1. Ownership of Final Deliverables

Upon full payment, you will own the rights to the approved final deliverables, including:

Custom website design and code
Custom logos and brand elements created specifically for you
Written content created for your project
Custom graphics and illustrations

2. Rights Retained by CodeSommet

We retain the right to:

Portfolio use: Display your project in our portfolio, case studies and marketing materials, unless otherwise agreed in writing.
Reusable components: Frameworks, libraries, code snippets and methodologies developed by us remain our intellectual property.
Pre-existing materials: Stock photos, fonts, templates and third-party resources used in your project remain the property of their respective owners.
Processes and methodology: Our design processes, workflows and proprietary methods remain our intellectual property.

3. Third-Party Materials

Some projects may include third-party materials such as:

Stock photography (with appropriate licenses)
Premium fonts (license fees may apply)
Software plugins and libraries (subject to their licenses)
Open-source frameworks (subject to their licenses)

You are responsible for complying with all third-party license terms.

4. Client-Provided Materials

You represent and warrant that you own or hold the necessary rights to all materials you provide to us, including content, images, logos and trademarks. You grant us a non-exclusive license to use these materials solely for the purpose of completing your project.

Important Note on Transfer of Ownership

Full ownership rights are transferred only upon receipt of full payment. Until full payment is received, all work remains the exclusive property of CodeSommet.

Project Timeline and Delivery

Standard Timelines

Retainer tasks: Delivery timelines as specified in your service agreement
Website development: Timeline based on project scope and complexity (described in the proposal)
Revisions: Turnaround time specified in your agreement

*All timelines are estimates and will be confirmed in your project proposal.

Timelines are estimates and may vary depending on project complexity, the speed of client feedback and scope changes. We will promptly inform you of any anticipated delays.

Delays caused by a lack of client responsiveness, late delivery of content or scope changes are not counted toward our delivery timelines.

Revisions and Changes

Included Revisions

Retainer services: Revision policy as described in your service agreement
One-time projects: Number of revision rounds specified in your proposal

*Specific revision allowances vary by service package and will be detailed in your signed agreement.

What Counts as a Revision

A revision is a change to existing work within the original scope, such as:

Color adjustments
Font changes
Layout refinements
Content edits
Minor design tweaks

Scope Changes

The following are considered scope changes and may incur additional fees:

Adding new pages beyond the agreed number
Complete redesign of approved sections
New features not included in the original scope
Additional integrations or third-party services
Changes to the fundamental direction of the project after approval

We will inform you in advance if requested changes constitute a scope change and provide you with a quote for the additional work.

Warranties and Disclaimers

Our Warranties

Services will be performed with professional skill and care
Deliverables will substantially conform to the agreed specifications
The work will be original and will not infringe the rights of third parties
Post-launch bug fix warranty on completed websites as specified in your agreement (typically covers technical issues for a defined period)

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED ABOVE:

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
WE DO NOT GUARANTEE SPECIFIC BUSINESS RESULTS, LEADS OR CONVERSIONS
WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES, PLUGINS OR HOSTING ISSUES
WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

TOTAL LIABILITY: Our total liability for any claim arising from our services will not exceed the amount you paid us for the specific service in question, up to a maximum of $10,000.
CONSEQUENTIAL DAMAGES: We will not be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunities or business interruption.
EXCEPTIONS: This limitation does not apply to damages caused by our gross negligence, willful misconduct or fraud.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend and hold harmless CodeSommet, its officers, directors, employees and agents from any claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising from:

Your use of our services
Your violation of these Terms
Your violation of the rights of third parties
The content or materials you provide to us
Your use of the final deliverables

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

Termination

Termination by the Client

Retainer services: You may cancel with 7 days' written notice before the next billing cycle. No refund for the current billing period.
One-time projects: You may terminate at any time by paying for the work completed to date plus a termination fee of 25% of the remaining balance.

Our Termination Rights

We may terminate services immediately if:

You fail to meet payment deadlines
You breach these Terms
You provide false or misleading information
The working relationship becomes untenable
You engage in abusive or harassing behavior

Effects of Termination

Upon termination:

You must pay for all work completed to date
We will deliver work-in-progress files (after full payment)
Our obligation to provide services ends immediately
Provisions relating to payment, IP rights and liability survive termination

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the engagement.

Our Confidentiality Obligations

We will protect:

Your business strategies and plans
Proprietary information and trade secrets
Financial information
Customer data and contact lists
Any information marked as confidential

Exceptions

Confidentiality does not apply to information that:

Is or becomes publicly available without breach of this agreement
Was known to us before your disclosure
Is independently developed by us
Must be disclosed by law or court order

Dispute Resolution

1. Informal Resolution

Before initiating formal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation. Contact us at codesommet@gmail.com with your detailed concerns.

2. Binding Arbitration

If informal resolution fails, disputes will be resolved by binding arbitration in accordance with:

The rules of the American Arbitration Association (AAA)
The arbitration will be conducted in English
Venue: Morocco or mutually agreed virtual arbitration
The decision is final and binding on both parties

3. Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

You waive any right to bring claims as a plaintiff or class member in any class, consolidated or representative action. The arbitration may only decide your individual claims and/or those of CodeSommet.

4. Exceptions to Arbitration

Either party may seek injunctive relief in court for infringement of intellectual property or breach of confidentiality.

Governing Law

These Terms will be governed by and construed in accordance with the laws of Morocco, without regard to its conflict of laws provisions.

For clients located in the United States, applicable U.S. federal and state laws may also apply where required.

Any legal action relating to these Terms must be brought within one (1) year from the date the claim arose.

Miscellaneous Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any signed project agreement, constitute the entire agreement between you and CodeSommet.

Amendments

We may modify these Terms at any time by posting updated Terms on our website. Continued use of the services after the changes constitutes acceptance. For retainer clients, we will provide 30 days' notice of material changes.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations under these Terms to any successor entity.

Force Majeure

Neither party will be liable for delays or failures in performance resulting from acts beyond its reasonable control, including natural disasters, war, terrorism, Internet outages or government actions.

Survival

Provisions relating to payment, intellectual property, confidentiality, warranties, liability and dispute resolution will survive the termination of these Terms.