Legal
Terms & Conditions
Last updated: January 1, 2025
1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Digital All Services ("Company," "we," "us," or "our"), a digital services agency operating in the United States. By engaging our services, signing a proposal, or making any payment, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, do not engage our services. We reserve the right to update these Terms at any time. Continued use of our services after changes constitutes your acceptance of the revised Terms.
2. Services Offered
Digital All Services provides the following professional services:
- Software QA & Testing: Functional testing, regression testing, test automation (Playwright, Selenium, Cypress), performance and load testing, API testing, and QA strategy consulting.
- Web Design & Development: Custom website design, responsive development, SEO foundation setup, and post-launch support.
All services are rendered remotely unless otherwise agreed in writing. Specific deliverables, timelines, and pricing are defined in individual project proposals or statements of work ("SOW") that are incorporated into these Terms by reference.
3. Project Proposals and Statements of Work
Each engagement begins with a written proposal or SOW that specifies: scope of work, timeline, deliverables, pricing, and payment schedule. A project is considered confirmed when the Client signs the proposal (electronic or written) and submits the required deposit.
Any scope changes requested by the Client after project initiation will be addressed through a change order process. Additional work not covered in the original SOW will be billed at our standard hourly rate or a mutually agreed fixed price.
4. Payment Terms
Standard Payment Schedule: Projects require a 50% deposit before work begins, with the remaining balance due upon project completion and before final delivery.
Late Payments: Invoices are due within 15 days of issuance. Overdue invoices accrue interest at 1.5% per month (18% annually). We reserve the right to suspend work on any project with an outstanding balance exceeding 30 days.
Accepted Payment Methods: Bank transfer (ACH/wire), PayPal, and major credit cards. Payments are processed in USD unless otherwise agreed.
5. Refund and Cancellation Policy
Deposits: Initial deposits are non-refundable, as they reserve our capacity and fund initial work, discovery, and planning.
Project Cancellation by Client: If you cancel a project after work has commenced, you are liable for payment of all work completed up to the cancellation date. We will provide a final invoice within 5 business days of receiving written cancellation notice.
Project Cancellation by Company: If we cancel a project due to unforeseen circumstances, we will refund any pre-paid amounts for work not yet completed.
Dispute Resolution: For concerns about delivered work, please contact us within 5 business days of delivery. We will work in good faith to address legitimate concerns and provide reasonable revisions as defined in the SOW.
6. Intellectual Property Rights
Client-Provided Materials: You represent and warrant that any materials, content, logos, or trademarks you provide are owned by you or that you have full rights to use them.
Work Product: Upon receipt of full payment, all custom deliverables created specifically for your project become your property. We retain the right to display the work in our portfolio unless you request confidentiality in writing.
Third-Party Tools and Libraries: Projects may incorporate open-source libraries, frameworks, fonts, or third-party tools. Your use of these components is governed by their respective licenses.
7. Client Responsibilities
To ensure project success, the Client agrees to:
- Provide timely feedback and approvals (within 3–5 business days of review requests)
- Designate a single point of contact with decision-making authority
- Provide access to necessary systems, credentials, and environments
- Supply content, assets, and information as requested
- Communicate scope changes promptly through appropriate channels
8. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the engagement. This includes source code, business processes, user data, test results, and any information marked as confidential.
We are happy to sign a mutual Non-Disclosure Agreement (NDA) before project commencement upon request.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL ALL SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO OUR SERVICES.
Our total liability to you for direct damages shall not exceed the total amount paid by you to us for the specific project in the six months preceding the incident.
QA and testing services are designed to reduce — not eliminate — software defects. We do not guarantee that our testing will identify all bugs or that software will be defect-free after our engagement.
10. Warranties and Disclaimers
We warrant that our services will be performed with professional skill and care consistent with industry standards. We disclaim all other warranties, express or implied.
Post-delivery support covers specific issues as defined in the SOW; it does not cover changes due to third-party platform updates or modifications made by the Client after delivery.
11. Governing Law and Dispute Resolution
These Terms shall be governed by the laws of the State of Florida, United States. Any disputes shall be subject to the exclusive jurisdiction of the courts located in Broward County, Florida.
Before initiating legal proceedings, both parties agree to attempt resolution through good-faith negotiation for at least 30 days.
12. Force Majeure
Neither party shall be liable for delays or failures in performance caused by circumstances beyond their reasonable control, including natural disasters, government actions, pandemics, internet outages, or acts of third parties.
13. Contact Information
For questions about these Terms, contact us at:
Digital All ServicesEmail: info@digitalallservices.com
Phone: (754) 544-0172
Website: digitalallservices.com