Devario - Terms of Use
Last Updated: May 2024
This Terms of Use ("Agreement") constitutes a legally binding agreement between Devario, operating under a Trade Name Certification from the state of Arizona ("Devario"), and the Customer ("Customer"). Failure to agree to and adhere to all terms, conditions, and obligations contained herein results in the prohibition of the Customer's use of the Services, requiring immediate discontinuation. Except for ongoing obligations, such as payment for services rendered, the relationship between Customer and Devario shall cease upon termination of this Agreement.
a. Steady Plan: This plan offers streamlined web development services from Devario, ideal for small to medium-scale projects. Customers will receive updates on their project's progress every 48-72 hours, which will be delivered directly through Asana. While this plan does not include a project manager, customers have access to detailed development updates shared via video tools like Loom. Devario aims to initiate work on new requests within three business days under the Steady Plan.
b. Flux Plan: Designed for comprehensive development needs, the Flux Plan encompasses extensive web development support for complex and dynamic projects. It provides the skills of up to two developers as needed for intricate and diverse projects. Similar to the Steady Plan, customers will receive regular updates and development feedback through Asana, with the added benefit of priority support and faster turnaround times. Work on new service items under this plan will begin within a two-business-day response time.
c. Visionary Play Plan: This plan focuses on creative design services from Devario, offering innovative solutions to elevate brand identity and user experience. Customers will collaborate closely with our design team to bring their vision to life, with regular feedback sessions and design iterations. The Visionary Play Plan includes a dedicated project manager to ensure seamless communication and project coordination.
d. Innovative Plan: Elevate your DevOps experience with Devario, fortified by industry-leading certifications. Our team proudly holds the AWS Certified Solutions Architect Professional and Google Cloud Certified Professional Cloud Architect certifications. These prestigious accreditations underscore our commitment to excellence, ensuring a seamless fusion of AWS and Google Cloud technologies for optimal performance and innovation.
e. Synergy Plan: Combining web development and design, the Synergy Plan offers a holistic approach to digital presence. Customers benefit from a cohesive strategy that aligns design aesthetics with functional development, ensuring a seamless user experience. With dedicated resources for both development and design, the Synergy Plan delivers comprehensive solutions tailored to each project's unique requirements.
f. Harmony Plan: Blending web development and DevOps expertise, the Harmony Plan offers an integrated approach to building and maintaining digital infrastructure. Customers receive end-to-end support, from initial development to ongoing operations and optimization. With seamless coordination between development and DevOps teams, the Harmony Plan ensures a robust and scalable digital ecosystem.
Customers choosing to discontinue their Service Plans with Devario are required to submit a clear and unequivocal written notice of cancellation at least seven (7) days prior to their next billing cycle renewal date. This advance notice is essential to prevent incurring charges for the subsequent period. A 7-day notice period is necessary for Devario to efficiently manage and reallocate development resources, which are carefully planned to ensure high-quality service delivery.
Devario provides a review period of three (3) business days following the delivery of development work for the Customer to evaluate and provide feedback. The Customer’s input is invaluable for ensuring the final product meets their expectations.Should Devario not receive feedback or revision requests within the three (3) business days post-delivery, the work will be considered accepted, and the Devario team will move forward with the next task. This acceptance is procedural and does not prevent the Customer from providing additional feedback or requesting iterations afterward. Devario is committed to accommodating further refinements; however, it is understood that this will not delay the ongoing project timeline or the subscription billing cycle.
Customers have the flexibility to cancel their subscription with Devario; however, a notice of cancellation must be submitted in writing at least seven (7) days prior to the end of the current billing cycle. This notice period is crucial as resources, including dedicated developers and project managers, are allocated based on anticipated project continuation. Therefore, Devario does not offer refunds once these resources have been assigned and work has commenced.
Customers of Devario pay in advance for each month of service. Consequently, ownership of all works created specifically for the Customer during a given billing cycle is transferred to the Customer immediately upon commencement of that cycle's service. This includes, but is not limited to, web designs, development code, and customized graphics created as part of the service agreement.
Customers of Devario pay in advance for each month of service. Consequently, ownership of all works created specifically for the Customer during a given billing cycle is transferred to the Customer immediately upon commencement of that cycle's service. This includes, but is not limited to, web designs, development code, and customized graphics created as part of the service agreement.
In the event that any project incorporates fonts not owned by Devario and requiring a commercial license for legal reproduction, distribution, or public display, Devario will inform the Customer in writing. The Customer will need to purchase the appropriate licenses for the third-party fonts. The Customer assumes all responsibility for consequences due to failure in purchasing required licenses for any third-party fonts incorporated into a project.
By using the Services, the Customer represents and warrants that: the Customer has the legal capacity and agrees to comply with these Terms of Service; the Customer is not a minor; the Customer will not access the Services through automated or non-human means; the Customer will not use the Services for any illegal or unauthorized purpose; the Customer’s use of the Services will not violate any applicable law or regulation.
Customers shall use the services provided by Devario solely for lawful purposes and in accordance with the intended use of these services. Specifically, the creative content and materials produced by Devario are to be used by the Customer in a manner that aligns with the agreed-upon project scope and is consistent with the terms of the service plan selected. Customers are prohibited from:
Reselling, redistributing, or otherwise exploiting the services or content created by Devario for unauthorized commercial purposes.
Using the services or content created in any way that infringes upon the intellectual property rights of others, including but not limited to unauthorized reproduction, modification, or distribution.
Engaging in any activity that is illegal, fraudulent, or violates the rights of any third party.The use of Devario’s services should be in a manner that respects the integrity of the creative process and adheres to the legal and ethical standards of content creation and usage.
The Customer acknowledges and agrees that any questions, comments, suggestions, or other feedback related to the services provided by Devario ("Feedback") must be communicated through designated platforms, specifically designated communication channels. This ensures that Feedback is properly recorded and addressed. Devario shall retain ownership of all Feedback and is under no obligation to keep it confidential.Devario is not liable for any oversight or failure to act on Feedback that is not shared through the designated channels. Customers are encouraged to use these platforms for all communication regarding Feedback to ensure it is duly noted and appropriately responded to.
Devario reserves the right to monitor the Services for violations of these Terms of Service and to take appropriate legal action against violations. Devario further reserves the right to restrict or deny access to the Services or disable the Customer’s use of the Services, without notice or liability.
Devario maintains a strict no-refund policy on all payments made for services. This is in line with our cancellation policy as detailed in the "Cancellation and Renewal Policy" section. Customers wishing to cancel their subscription must provide written notice at least seven (7) days prior to their next billing cycle to prevent charges for the subsequent period.Despite this policy, Devario is committed to delivering the promised services for the entirety of the current billing cycle, even if a cancellation request is received. No refunds will be issued for any cancellations, including those made within the 7-day notice period, as this timeframe is necessary for us to efficiently reallocate resources and maintain the high-quality service our customers expect.
Devario reserves the right to change, alter, modify, or remove any content on the Services at its sole discretion. Devario reserves the right to modify or discontinue all or part of the Services without notice and without liability to the Customer.
There may be occasions where service interruptions occur due to factors beyond our control. These may include, but are not limited to, unforeseen circumstances such as team member unavailability, technical difficulties, or external factors impacting our ability to deliver services.In the event of such interruptions, Devario shall not be liable for any loss, damage, or inconvenience caused by the Customer’s inability to receive the services during these periods. We are committed to minimizing any disruptions and will endeavor to notify Customers of any significant interruptions and resume services as promptly as possible.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of [State], without regard to conflict of law principles.
Devario, its directors, employees, members, contractors, or agents shall not be liable for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, or other damages or losses, arising from Customer’s use of the Services. Customer agrees to defend, indemnify and hold harmless Devario from any loss, damage, liability, claim, or demand due to Customer’s use of the Services.
The Customer is responsible for providing all necessary data and materials required for Devario to perform its services. This includes, but is not limited to, specific project requirements, content, images, or any other information relevant to the completion of the services.
Customer consents to receive electronic communications from Devario and agrees that all agreements, notices, disclosures, and other communications sent electronically satisfy legal requirements for written communication.
Devario reserves the right to showcase design work on digital channels unless otherwise agreed upon through a Non-Disclosure Agreement (NDA) to protect sensitive information.
These Terms of Service remain in effect until terminated by the Customer or Devario. Customers may terminate their agreement in accordance with the cancellation policy outlined in the "Pricing Plans and Refund Policy" section. Devario reserves the right to terminate this Agreement at any time, with reasonable notice to the Customer, unless in cases of breach by the Customer, including but not limited to non-payment and violation of these Terms of Service. Devario may also suspend or terminate Customer's access to the Services for any substantial breach of these terms.Upon termination, all rights and obligations of both parties, save for those explicitly stated as surviving the termination (such as payment obligations for services already rendered, confidentiality, and ownership of materials), will cease. Devario will take reasonable steps to ensure a smooth transition and minimize disruption to the Customer's ongoing projects.