Terms of Service

Welcome

Thanks for choosing to work with KenTom! These Terms of Service ("Terms") govern your use of our website and services. By accessing our website or engaging our services, you agree to these Terms. If you don't agree, please don't use our services.

We've tried to keep this straightforward and readable. If anything is unclear, feel free to reach out.

1. Services We Provide

KenTom offers a range of development services, including but not limited to:

• Web Development: Full-stack web applications, websites, and web services
• Mobile Development: Android applications and cross-platform mobile solutions
• UI/UX Design: User interface design, prototyping, and user experience optimization
• Custom Software: Tailored software solutions for specific business needs
• Consulting: Technical advice, code reviews, and architecture planning
• Maintenance & Support: Ongoing support for existing projects

Services are provided based on project agreements, which will outline specific deliverables, timelines, and pricing.

2. User Responsibilities

When using our services, you agree to:

• Provide Accurate Information: Give us truthful, complete information about your project and requirements
• Timely Communication: Respond to requests for feedback and clarification within reasonable timeframes
• Respect Intellectual Property: Not request work that infringes on others' copyrights, trademarks, or patents
• Lawful Use: Use our services only for legal purposes and not to create harmful or malicious software
• Payment Obligations: Pay for services as agreed in project contracts
• Feedback Rights: Provide necessary feedback during development phases

3. Project Agreements

Each project will be governed by a specific agreement that includes:

• Scope of Work: Detailed description of deliverables and features
• Timeline: Milestones and estimated delivery dates
• Pricing: Cost breakdown and payment schedule
• Revisions: Number of included revisions and cost for additional changes
• Acceptance Criteria: How we determine project completion

Project agreements take precedence over these general Terms for specific project details.

4. Payment Terms

Our standard payment structure:

• Deposit: Typically 30-50% upfront deposit to begin work
• Milestone Payments: Payments tied to project milestones (for larger projects)
• Final Payment: Due upon project completion and before final delivery
• Payment Methods: We accept bank transfers, PayPal, Stripe, and other agreed-upon methods
• Late Payments: Late fees may apply for overdue payments (as specified in project agreement)
• Currency: All prices quoted in USD unless otherwise specified

Payment terms may vary by project and will be clearly outlined in your project agreement.

5. Intellectual Property Rights

Client's Content

You retain all rights to content, materials, and information you provide to us. By sharing this content, you grant us a license to use it solely for the purpose of delivering your project.

Our Work Product

Upon full payment, you receive:

• Full ownership of the final deliverables created specifically for your project
• Rights to modify, distribute, and use the work as needed
• Source code and all related assets (unless otherwise specified)

What We Retain

We retain rights to:

• Pre-existing code libraries, frameworks, and tools used in development
• General methodologies, techniques, and know-how
• The right to showcase your project in our portfolio (with your permission)
• Use of generic, reusable components for future projects

6. Confidentiality

We respect the confidential nature of your project:

• We will not disclose your business information, trade secrets, or project details without permission
• We use confidential information solely for delivering your project
• We can sign a separate NDA if required for sensitive projects
• Confidentiality obligations survive project completion

Exceptions include information that is public, independently developed, or required to be disclosed by law.

7. Warranties and Guarantees

Our Commitments

• We will deliver work that meets professional standards
• Code will be functional and meet agreed-upon specifications
• We will fix bugs and errors discovered within the warranty period (typically 30-90 days)
• We will use our best efforts to meet agreed timelines

Disclaimers

Services are provided "as is" beyond our specific commitments. We cannot guarantee:

• Uninterrupted or error-free operation after delivery
• Compatibility with all future third-party services and platforms
• Specific business results or outcomes from using our services
• That your project will be free from security vulnerabilities (though we follow best practices)

8. Limitation of Liability

To the fullest extent permitted by law:

• Our total liability for any claim shall not exceed the amount paid for the specific project
• We are not liable for indirect, incidental, or consequential damages
• We are not responsible for damages from data loss, business interruption, or lost profits
• You are responsible for maintaining backups of your data

Some jurisdictions don't allow these limitations, so they may not apply to you.

9. Cancellation and Refunds

Client Cancellation

You may cancel a project at any time, subject to:

• Payment for all work completed up to the cancellation date
• Delivery of work-in-progress and any materials created
• Deposits are generally non-refundable but can be applied to future projects

Our Cancellation Rights

We may terminate a project if:

• You fail to make required payments
• You breach these Terms or project agreement
• The project requires illegal or unethical work
• Communication or cooperation becomes impossible

In such cases, we'll provide reasonable notice and refund any unused advance payments.

10. Support and Maintenance

After project delivery:

• Bug Fixes: Free fixes for bugs within the warranty period
• Documentation: Basic documentation and handoff instructions included
• Training: Optional training sessions available (may incur additional cost)
• Ongoing Support: Available via separate maintenance agreements
• Feature Requests: New features beyond original scope are billed separately

11. Third-Party Services

Projects may integrate third-party services (APIs, hosting, libraries):

• You are responsible for obtaining necessary accounts, licenses, and API keys
• We are not liable for changes, downtime, or issues with third-party services
• Additional costs for third-party services are your responsibility
• We will recommend reliable services but cannot guarantee their performance

12. Modifications to Terms

We may update these Terms from time to time. When we do:

• We'll update the "Last updated" date
• We'll notify you of material changes via email or website notice
• Continued use of our services constitutes acceptance of updated Terms
• Existing project agreements remain under the Terms in effect when they were signed

13. Dispute Resolution

If we have a disagreement:

• Communication First: Let's talk and try to resolve it amicably
• Mediation: If talking doesn't work, we can try mediation
• Arbitration: For larger disputes, arbitration may be required
• Governing Law: These Terms are governed by applicable local laws

We believe in resolving issues through open communication before escalating to formal processes.

14. General Provisions

• Entire Agreement: These Terms, along with project agreements, constitute the entire agreement
• Severability: If any provision is invalid, the rest remains in effect
• No Waiver: Failure to enforce a right doesn't waive that right
• Assignment: You cannot transfer your rights under this agreement without our consent
• Force Majeure: We're not liable for delays due to circumstances beyond our control

Contact Information

Questions about these Terms? Want to discuss a project? Get in touch:

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