Legal
Terms & Conditions
Nikil — Freelance Web Development Services. These Terms and Conditions govern the engagement between Nikil (“I”, “me”, or “the developer”) and any individual or business (“you” or “the client”) who engages my web development services.
By engaging my services, approving project work, providing required materials, making payment, or otherwise proceeding with the project, you agree to these terms in full. These terms apply together with any project-specific agreement, proposal, or scope document provided for the engagement.
1. Services
I provide custom web development services tailored to each project requirement. The technologies, frameworks, libraries, and third-party services used may vary depending on the scope, functionality, and technical needs of the project.
Projects may involve custom-built solutions, frameworks, APIs, libraries, hosting services, and other tools selected based on what best fits the project requirements.
The technical implementation details are determined during project planning and may change when necessary to improve performance, security, maintainability, or functionality.
2. Project Initiation
A project is considered initiated once both parties have agreed on the project scope, requirements, and working arrangement. This agreement may be confirmed through a proposal, written communication, project agreement, payment, or other documented approval.
Development work begins only after the project requirements and scope have been sufficiently defined. Initial discussions, exploratory conversations, and preliminary planning do not constitute a project commitment unless both parties agree to proceed.
3. Scope & Changes
3.1 Agreed Scope
The agreed scope defines exactly what will be built. Anything not listed in the agreed scope is not included.
3.2 Scope Changes
Changes to the scope after project initiation — including new pages, new features, layout changes, or structural changes — are treated as development requests and billed separately. I will provide a quote before proceeding with any out-of-scope work.
3.3 What Is Not Taken On
I do not build ERP systems, complex custom web applications, progressive web apps (PWAs), or complex e-commerce systems involving real inventory or logistics management. Requests of this nature will be declined regardless of when they arise.
4. Fees & Payment
4.1 Fee Structure
Every project involves up to three cost components:
- Build cost — a one-time fee for the development work, determined by scope.
- Hosting + domain — a recurring fee, where applicable, billed on the billing cycle agreed for the project.
- Maintenance — an optional flat monthly fee, if a maintenance plan is added.
4.2 Build Cost
The build cost is agreed upon before work begins and is invoiced as specified in the project agreement. Payment terms (deposit, milestone payments, or full payment) are defined per project.
4.3 Hosting & Domain
Hosting and domain costs are billed on a recurring basis at the start of each billing cycle. You choose the cycle length at the time of project initiation. Switching cycle lengths is subject to availability and must be requested in writing before the next renewal date.
4.4 Late Payment
If a hosting invoice remains unpaid for more than 21 days from the invoice date, the site's public visibility and access will be temporarily suspended. The site will be restored promptly once all outstanding dues are cleared in full.
4.5 Refunds
Build cost payments are non-refundable once development has commenced. Hosting fees are non-refundable for cycles already paid.
5. Hosting & Domain
5.1 Managed Hosting
All hosting is set up, configured, and managed by me on your behalf. You do not need to interact directly with any hosting provider or server.
5.2 Domain Ownership
If domain registration or transfer is part of the project, the domain will be handled as agreed in the project scope and ownership will remain with the client unless otherwise specified in writing.
5.3 Bandwidth
Each hosting plan includes a fixed monthly bandwidth allowance. If this allowance is exceeded in a given month, you have two options:
- Pause — the site is temporarily suspended until the next billing cycle, at no additional cost.
- Top up — you purchase additional bandwidth quota to keep the site live.
I will notify you when usage approaches the cap so you can decide in advance.
5.4 Domain Cost Waiver
If you already own a domain at the time of project initiation, the domain registration fee is deducted from the hosting plan cost. You will only be charged for hosting.
6. Maintenance
6.1 Scope of Maintenance
Maintenance covers updates to pre-defined sections of your site, performed through the appropriate development workflow selected for the project.
Maintenance does not include structural changes, new sections, new functionality, or anything described under Section 8 (Development Billing).
6.2 Included Sections
Maintenance applies only to pre-defined sections agreed upon at the time the plan is activated. The exact sections covered under maintenance will be listed in the project agreement or maintenance scope for that project.
6.3 Request Cap
Update requests are currently capped at 2 per calendar month. This is an interim figure subject to revision as real usage data is gathered. Any change to this cap will be communicated with reasonable notice.
6.4 Without Maintenance
If no maintenance plan is active, update requests of any kind are treated as development work and billed accordingly.
6.5 Content Management
Content management options, if required, are defined based on the project scope. This may include custom solutions or third-party tools depending on the requirements of the project.
7. Bug Fixes
Bug fixes are included at no additional cost on all projects, with or without a maintenance plan.
A bug is defined as something that previously worked as intended and has since broken — including errors, broken layouts, broken links, or security vulnerabilities introduced by the codebase.
Bug fixes do not include:
- Requests for features or functionality that were never built.
- Changes to existing functionality because preferences have changed.
- Issues caused by third-party services, platforms, or content outside the agreed codebase.
8. Development Billing
The following are treated as development work and billed separately from any maintenance plan, scoped and agreed upon before work begins:
- New pages or sections not present in the original build.
- Layout or visual redesign of existing pages or sections.
- New functionality — including new forms, integrations, or content types.
- Navigation or structural changes.
- Custom graphic or banner design (new creative work, as distinct from swapping existing content).
- Infrastructure changes.
9. Source Code
9.1 Ownership During Engagement
Unless otherwise agreed, the custom code, components, and development work created by me remain my intellectual property until full payment of all outstanding dues has been received.
9.2 Source Code Handover
Source code can be handed over to you on request, for an additional fee agreed upon at the time of request. Handover will not be initiated until all outstanding dues — including hosting invoices, development invoices, and any other charges — are cleared in full.
9.3 Client Content
All content you provide — text, images, brand assets, and any other materials — remains your property. You grant me a limited license to use this content solely for the purpose of building and delivering your project.
9.4 Portfolio Usage
I reserve the right to display completed work in my portfolio and use it for promotional purposes, unless you explicitly request otherwise in writing at the time of project initiation.
10. Client Responsibilities
To keep a project on track, you are responsible for:
- Providing all content, brand assets, and access credentials required for the project in a timely manner.
- Providing feedback within agreed timelines — delays caused by delayed feedback are not the developer's responsibility.
- Ensuring all content and materials you supply do not infringe on third-party intellectual property rights.
- Keeping your contact and billing information current.
11. Confidentiality
I will not share, disclose, or make public any confidential information you provide in the course of a project — including business plans, unreleased products, or private communications — without your explicit written consent.
You agree to treat any non-public information about my processes, pricing, or tooling shared during the engagement as confidential.
12. Limitation of Liability
My liability in connection with any project is limited to the total fees paid for that project in the 3 months preceding the claim.
I am not liable for:
- Loss of revenue, data, or business opportunity arising from downtime, bugs, or service interruption.
- Issues caused by third-party services, platforms, APIs, libraries, or external dependencies outside my direct control.
- Content errors, legal compliance of your content, or regulatory requirements specific to your industry.
13. Termination
13.1 By You
You may terminate the engagement at any time by written notice. Any work completed up to the point of termination is billable at the agreed rate or a pro-rated equivalent. Deposits are non-refundable.
13.2 By Me
I reserve the right to terminate an engagement if payment obligations remain unmet beyond the terms specified in Section 4, if the project scope has changed materially without agreement, or if the working relationship has become untenable. In such cases, all completed work up to termination will be invoiced and must be paid before any deliverables or source code are released.
13.3 Effect of Termination
Upon termination, hosting services will continue only while all outstanding hosting invoices are paid. Source code handover follows the conditions in Section 9.
14. Governing Law
These terms are governed by the laws of India. Any disputes arising from these terms or any project engagement will be subject to the jurisdiction of the courts of Tamil Nadu, India.
15. Changes to These Terms
I may update these terms from time to time. For active clients, I will provide at least 14 days' notice of any material change. Continued engagement after notice constitutes acceptance of the updated terms.
If you have questions about any clause, reach out at nikil.byte+contact@gmail.com before proceeding with a project.
