These Terms & Conditions ("Terms") govern your access to and use of the website www.prime42webapp.xyz (the "Site") and any services provided by Prime42 Web-App ("Prime42", "we", "us", "our"). By accessing the Site or engaging our services, you ("Client", "you") agree to be bound by these Terms.
1. About us
Prime42 Web-App is an application development studio with its principal place of business at 1322 Court St, Redding, CA 96001, United States. You can reach us at info@prime42webapp.xyz or +1 (214) 963-8556.
2. Services
We design, build, deploy and maintain software applications, including web applications, mobile applications, SaaS platforms, AI/ML applications, e-commerce stores and enterprise software. The specific scope of any engagement is described in a separate written Statement of Work, proposal, or order form ("SOW"). The SOW, together with these Terms, forms the agreement between you and us.
3. Quotes and pricing
- All prices on the Site are listed in U.S. Dollars (USD).
- Quotes are valid for thirty (30) days from the date of issue unless otherwise stated.
- Taxes, third-party fees (e.g. cloud hosting, App Store fees, payment gateway charges, third-party APIs) are not included unless explicitly stated.
- Pricing for any change request outside the agreed scope will be quoted separately and must be approved in writing before work begins.
4. Payment terms
- Project engagements are typically split into milestones (for example: 40% kickoff, 30% staging, 30% launch). Specific milestones are defined in the SOW.
- Monthly maintenance plans are billed in advance on the same date each month.
- Invoices are payable within seven (7) days of issue unless otherwise agreed.
- Overdue invoices may attract a late fee of 1.5% per month (or the maximum allowed by law, if lower) and may result in suspension of work until paid.
- Payment methods accepted include credit/debit card (Stripe), ACH, and bank wire transfer.
5. Client responsibilities
You agree to provide, in a timely manner, the information, content, access, and approvals reasonably needed for us to deliver the Services. Delays caused by missing inputs or feedback may affect timelines and pricing.
6. Intellectual property
- Your materials (logos, content, data) remain yours.
- Custom code, designs and deliverables produced for you under the SOW are assigned to you upon receipt of final payment.
- Pre-existing tools, libraries, frameworks and components remain the property of their respective owners. Open-source dependencies are subject to their original licenses.
- We may use anonymized, non-confidential elements of the engagement in our portfolio and marketing materials, unless you request otherwise in writing.
7. Acceptable use
You agree not to use the Site or Services to: violate any law; infringe the rights of others; transmit malware or harmful code; attempt to gain unauthorized access to our systems; or build any product that competes with us using confidential information shared during the engagement.
8. Confidentiality
Each party agrees to keep the other's non-public, business-sensitive information confidential and to use it only in connection with the engagement. This obligation survives termination for three (3) years.
9. Warranties & disclaimers
We warrant that the Services will be performed in a professional and workmanlike manner. To the maximum extent permitted by law, the Site and Services are otherwise provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free.
10. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits or revenues. Each party's total cumulative liability arising out of or relating to these Terms or any SOW will not exceed the fees actually paid by you in the six (6) months preceding the event giving rise to the claim.
11. Indemnification
You agree to defend and indemnify Prime42 against any third-party claims arising from materials you provide to us, your use of the Services in breach of these Terms, or your violation of applicable law.
12. Termination
Either party may terminate an engagement for material breach if the breach is not cured within fifteen (15) days of written notice. Upon termination, you will pay for all Services performed and expenses incurred up to the termination date. Sections that by their nature should survive (including IP, confidentiality, limitation of liability and governing law) will survive termination.
13. Governing law & disputes
These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in Shasta County, California, and the parties consent to personal jurisdiction there.
14. Changes to these Terms
We may update these Terms from time to time. The "Last updated" date above shows when they were last changed. Continued use of the Site or Services after changes constitutes acceptance of the revised Terms.
15. Contact
Prime42 Web-App
1322 Court St, Redding, CA 96001, United States
Email: info@prime42webapp.xyz
Phone: +1 (214) 963-8556