Terms Of Service
Last updated on 01 August 2025
These Terms & Conditions (“Terms”) govern your use of binarizeweb.com and any products or services supplied by Binarize Web (“we”, “us”, “our”). By engaging us or using our site, you agree to these Terms.
1) Services
We provide web design & development, SEO & growth marketing, e-commerce builds, branding/UI, maintenance/hosting, and (optional) POS integration (“Services”). The scope, deliverables, timeline, and fees for a project are defined in our written proposal/quote or email confirmation (“Order”).
2) Your Responsibilities
Supply timely content, brand assets, and access we reasonably need.
Appoint a single decision-maker and provide approvals within 5 business days unless otherwise agreed.
Ensure you hold rights to all materials you provide and that they are lawful, accurate, and non-infringing.
3) Fees & Payment
Unless stated otherwise, projects follow: 50% deposit to start, 30% at design sign-off, 20% before launch/hand-over.
Invoices are due within 7 days of issue. Late payments may pause work and accrue 1.5% per month (or the maximum permitted by law).
Third-party costs (e.g., fonts, plugins, apps, ad spend, payment gateway fees) are billed separately or paid directly by you.
4) Changes & Additional Work
Your Order includes the stated revision rounds. Out-of-scope requests (extra pages, features, design changes after sign-off, data entry, copywriting, complex integrations, urgent requests) are billed at our current hourly/day rate or via a change order.
5) Timelines
Estimated timelines depend on your prompt feedback and content supply. We aren’t liable for delays caused by missing inputs, third-party issues, or force majeure (see §17).
6) Deliverables, Ownership & License
Pre-existing IP: We retain ownership of our frameworks, libraries, boilerplates, and know-how.
Final deliverables: Upon full payment, you own the final compiled website code, page designs, and content we created for you (excluding third-party assets and licenses).
Stock/third-party assets: Remain subject to their own licenses. Some assets (e.g., fonts, plugins) may require your own license.
Portfolio use: You grant us the right to reference and showcase the project in our portfolio and marketing. Tell us in writing if you need an NDA or wish to opt out.
7) Hosting, Domains & Email
If we provide or arrange hosting, domains, or email:
We’ll configure reasonable security (SSL/CDN) and backups.
Uptime is subject to the data center/provider SLA.
Migration away is supported; provider fees may apply.
If you host elsewhere, you’re responsible for server configuration, email deliverability, and provider-related issues.
8) Maintenance & Support
If you purchase a Care Plan, we provide updates, security, backups, monitoring, bug fixes, and small content edits as outlined in your plan. Otherwise, support is billed ad-hoc.
9) Warranties
Website: We warrant the site will substantially conform to the agreed specs for 30 days after launch. We’ll fix qualifying bugs at no charge during this period.
Exclusions: Later content changes, plugin/app conflicts, third-party updates, browser/OS changes, or misuse are not “bugs”.
10) SEO & Marketing Disclaimers
We follow best practices (technical SEO, on-page optimisation, structured data, analytics). Search rankings and marketing results are not guaranteed, as algorithms and markets change beyond our control.
11) E-commerce & Payments
For Shopify/WooCommerce and gateways (e.g., PayHere/WEBXPay, Stripe, PayPal):
You’re responsible for merchant accounts, KYC, fees, chargebacks, tax settings, product data, and legal compliance (consumer law, returns).
We are not liable for lost sales, stock errors, gateway downtime, or misconfigurations after hand-over unless under a Care Plan.
12) POS (Optional)
If we provide or integrate Binarize POS:
You are responsible for data accuracy, user permissions, device security, and complying with applicable tax and privacy laws.
We do not guarantee compatibility with every third-party system unless stated in your Order.
13) Data & Privacy
We process personal data as described in our Privacy Policy. Each party must comply with applicable data-protection laws. If you require a DPA, please request one.
14) Confidentiality
Each party will keep the other’s non-public information confidential and use it only for the project, except where disclosure is required by law.
15) Acceptable Use
You must not use our Services or deliverables for unlawful, harmful, or infringing purposes (including malware, spam, hate, or IP violations).
16) Indemnity
You agree to indemnify and hold us harmless against claims, damages, or costs arising from: (a) content or data you supply; (b) your misuse of the Services; (c) your breach of these Terms or law.
17) Liability
To the fullest extent permitted by law:
We exclude all implied warranties.
We are not liable for indirect or consequential loss, lost profits, revenue, data, goodwill, or business interruption.
Our total aggregate liability for any claim is limited to the fees you paid us for the specific Service giving rise to the claim.
18) Term & Termination
Either party may terminate for material breach if not cured within 10 business days of written notice. You may terminate for convenience; in that case, you’ll pay for work completed and non-refundable third-party costs. On termination, we may suspend licences/access until amounts due are paid.
19) Non-Solicitation (optional)
During the project and for 6 months after, you won’t directly hire our employees/contractors who worked on your project without our written consent.
20) Governing Law & Disputes
These Terms are governed by the laws of Sri Lanka. Courts of Sri Lanka shall have exclusive jurisdiction. Nothing prevents either party from seeking urgent injunctive relief.
21) Changes to These Terms
We may update these Terms periodically. Changes take effect when posted on our website with the updated date.
22) Contact
Binarize Web
408/1/A, Karavilahena Rd, Naula, Matale, Sri Lanka
Email: info@binarizeweb.com · Phone/WhatsApp: +94 71 384 8288