1. Introduction

Welcome to SPACA Enterprise. These Terms and Conditions ("Terms") govern your use of our website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access our services.

2. Definitions

For the purposes of these Terms:

  • "Company" (referred to as either "the Company", "We", "Us" or "Our") refers to SPACA Enterprise.
  • "Client" or "You" means the individual or entity accessing our services.
  • "Services" refers to all products, services, and solutions provided by SPACA Enterprise.
  • "Website" refers to SPACA Enterprise, accessible from https://spacaenterprise.com
  • "Agreement" means the contract between the Company and the Client for services.

3. Services

SPACA Enterprise provides IT services including but not limited to:

  • Website Development and Design
  • Mobile Application Development
  • Custom CRM Systems
  • E-commerce Solutions
  • Payment Gateway Integration
  • WordPress Development
  • Software Consulting and Support

The specific scope of services will be defined in individual project agreements or service contracts.

4. Acceptance of Terms

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. You also agree to comply with all applicable laws and regulations regarding your use of our services.

5. User Responsibilities

When using our services, you agree to:

  • Provide accurate, complete, and timely information required for project execution
  • Respond to requests for feedback, approvals, or clarifications in a timely manner
  • Ensure you have the necessary rights and permissions for any content or materials provided to us
  • Not use our services for any illegal, harmful, or unauthorized purposes
  • Maintain the confidentiality of any login credentials or access information
  • Not attempt to reverse engineer, decompile, or disassemble any proprietary software or systems

6. Payment Terms

Payment terms will be specified in individual project proposals or agreements. Generally:

  • Deposits: Projects typically require an upfront deposit (usually 30-50%) before work begins
  • Milestones: Payments may be structured around project milestones as outlined in the agreement
  • Final Payment: Final payment is due upon project completion and before final delivery
  • Late Payments: Late payments may incur additional fees and may result in suspension of services
  • Refunds: Refund policies are project-specific and will be outlined in individual agreements

7. Intellectual Property Rights

7.1 Ownership of Deliverables

Upon receipt of full payment, the Client will own the custom code and designs created specifically for their project. However, we retain ownership of:

  • Pre-existing code, frameworks, libraries, and tools
  • Reusable components and utilities developed by us
  • Third-party software, plugins, and integrations
  • Our proprietary methodologies and processes

7.2 License Grant

We grant you a non-exclusive, non-transferable license to use any proprietary tools, frameworks, or components included in your project solely for the purposes of operating your delivered solution.

7.3 Portfolio Rights

We reserve the right to showcase completed projects in our portfolio, case studies, and marketing materials unless explicitly prohibited in writing by the Client.

8. Warranties and Disclaimers

8.1 Our Warranties

We warrant that:

  • Services will be performed with reasonable skill and care
  • Deliverables will substantially conform to agreed specifications
  • We have the right to provide the services and grant necessary licenses

8.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPACA ENTERPRISE BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Service interruptions or delays
  • Third-party actions or content

Our total liability for any claims arising from or related to our services shall not exceed the amount paid by the Client for the specific services giving rise to the claim during the twelve (12) months preceding the claim.

10. Project Timeline and Delays

Project timelines are estimates based on the information available at project commencement. We will make reasonable efforts to meet agreed deadlines. However, timelines may be affected by:

  • Delays in receiving required materials, feedback, or approvals from the Client
  • Scope changes or additional requirements
  • Technical challenges or unforeseen complications
  • Third-party service dependencies
  • Force majeure events

We will communicate any anticipated delays as soon as reasonably possible.

11. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the engagement. This obligation continues for three (3) years after the termination of services.

Confidential information does not include information that: (a) is or becomes publicly available through no breach of these Terms; (b) was rightfully in the receiving party's possession prior to disclosure; (c) is independently developed by the receiving party; or (d) is required to be disclosed by law or court order.

12. Termination

12.1 Termination by Client

You may terminate services at any time with written notice. You will be responsible for payment of all work completed up to the termination date, plus any non-cancellable expenses incurred.

12.2 Termination by Us

We may terminate services immediately if:

  • You fail to pay invoices within 30 days of the due date
  • You breach any material term of these Terms
  • You engage in conduct that is harmful, illegal, or violates our policies

13. Maintenance and Support

Unless otherwise specified in a separate maintenance agreement:

  • We provide a warranty period (typically 30-90 days) after project delivery for bug fixes
  • Post-warranty support and maintenance are available through separate service agreements
  • Emergency support may be available at premium rates
  • Ongoing maintenance packages can be purchased separately

14. Third-Party Services and Content

Our services may integrate with or utilize third-party services, APIs, plugins, or content. We are not responsible for the availability, functionality, or policies of third-party services. You are responsible for:

  • Obtaining and maintaining necessary third-party accounts and licenses
  • Complying with third-party terms of service
  • Costs associated with third-party services
  • Any issues arising from third-party service changes or discontinuation

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or prominent notice on our website. Your continued use of our services after such modifications constitutes your acceptance of the updated Terms.

16. Dispute Resolution

In the event of any dispute arising from these Terms or our services:

  • Negotiation: The parties agree to first attempt to resolve the dispute through good-faith negotiation
  • Mediation: If negotiation fails, disputes may be submitted to mediation before pursuing litigation
  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of California, USA
  • Jurisdiction: Any legal action must be brought in the courts located in Silicon Valley, California

17. Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, internet or utility failures, governmental actions, pandemics, or natural disasters.

18. General Provisions

18.1 Entire Agreement

These Terms, together with any project-specific agreements and proposals, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

18.2 Severability

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

18.3 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

18.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

19. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.