Introduction
Welcome to DevNest. These Terms of Service govern your access to and use of our website, services, and digital products.
By using our website or engaging our services, you agree to the terms applicable to your situation. If you do not agree, you should not use the relevant services.
These terms should be read alongside any project proposal, statement of work, service agreement, or other written agreement that applies to your project.
Definitions
- "DevNest", "we", "us", or "our" refers to DevNest LLC.
- "Client", "you", or "your" refers to the person or organization using our website or purchasing our services.
- "Services" refers to website development, application development, software engineering, API development, design systems, consulting, maintenance, and other services we agree to provide.
- "Deliverables" refers to the designs, code, websites, applications, documentation, and other materials produced for a project.
- "Agreement" refers to these terms together with any applicable signed contract, proposal, or statement of work.
Our services
DevNest provides digital and software development services. The exact scope of each project is defined in the relevant proposal, quotation, or written agreement.
Features, deliverables, deadlines, support arrangements, and technical requirements should be agreed upon before work begins. We will not be responsible for delivering features that have not been included in the agreed scope.
- Website and web application development.
- SaaS products, APIs, and software integrations.
- UI/UX design and design systems.
- Maintenance, technical support, and consulting where agreed.
Proposals and project scope
A proposal or quotation describes the work, price, estimated timeline, and other conditions applicable to a project. Work begins once the proposal has been accepted and any agreed prerequisites have been met.
Requests outside the agreed scope may require a separate quotation, additional fees, or an adjusted delivery date. We will communicate material changes before proceeding with additional work.
Unless expressly agreed otherwise in writing, estimates and indicative delivery dates are not guaranteed deadlines.
Client responsibilities
Clients must provide accurate information, timely feedback, required materials, and access to relevant accounts or systems needed to complete the project.
- Ensure that supplied text, images, trademarks, data, and other materials may lawfully be used.
- Review previews and deliverables within the agreed review period.
- Keep account credentials confidential and use appropriate access controls.
- Obtain any permissions, licences, or consents required for client-supplied materials and data.
- Notify us promptly of errors, security concerns, or material changes to project requirements.
Pricing and payment
Prices, invoicing milestones, payment deadlines, applicable taxes, and any deposit are specified in the relevant quotation or agreement.
No additional project charges will be introduced without an applicable contractual basis and, where required, the client's prior agreement.
If an invoice is disputed, the client should notify us promptly and explain the basis of the dispute. Any late-payment charges, interest, or recovery costs must comply with applicable law and the relevant agreement.
For consumers, mandatory statutory protections apply. Nothing in these terms removes rights that cannot legally be excluded.
Changes and cancellations
Changes to an approved scope may affect pricing, delivery dates, and the work already completed. The parties should confirm material changes in writing.
Project suspension or cancellation will be handled under the applicable project agreement and mandatory law. Fees for completed work, committed expenses, refunds, and any termination charges must be assessed under those terms and the applicable legal rules.
Nothing in this section limits a consumer's mandatory withdrawal or cancellation rights where those rights apply.
Intellectual property
Each party retains ownership of the intellectual property it owned before a project began. Third-party libraries, fonts, frameworks, stock assets, and other licensed materials remain subject to their respective licence terms.
Ownership of bespoke deliverables, source code, designs, and related project materials must be specified in the relevant project agreement. Where a transfer or licence is agreed, its scope, timing, and any payment conditions should be stated clearly.
Until the agreed transfer conditions are satisfied, the client receives only those usage rights expressly granted by the applicable agreement and permitted by law.
Unless agreed otherwise, DevNest may identify a completed project in its portfolio only where doing so is lawful and does not disclose confidential information. Any client-specific restriction should be agreed in writing.
Third-party services
Projects may rely on third-party hosting providers, domain registrars, payment processors, APIs, plugins, or other external services.
Those services may be governed by separate terms, pricing, availability commitments, and privacy policies. We cannot guarantee the continued availability or performance of systems outside our reasonable control.
Any responsibility for third-party subscriptions, renewals, account ownership, and ongoing fees should be established in the project agreement.
Maintenance and support
Ongoing maintenance, updates, monitoring, backups, support response times, and service availability are not included unless expressly agreed in writing.
Clients remain responsible for services, subscriptions, or infrastructure assigned to them, including renewals and payment, unless the project agreement provides otherwise.
We will describe any applicable maintenance plan and its exclusions in the relevant agreement.
Privacy and data protection
Personal data is handled in accordance with applicable data protection law, including the General Data Protection Regulation (GDPR) where applicable.
Our privacy notice should explain what personal data we collect, why we process it, the legal bases relied upon, retention periods, recipients, and how individuals can exercise their rights.
Where a project involves processing personal data on a client's behalf, the parties must establish their respective roles and enter into any data processing agreement required by law before the relevant processing begins.
Confidentiality
Each party should take reasonable steps to protect non-public business, technical, financial, and personal information received from the other party.
Confidential information may be used only for the relevant business relationship and disclosed only where authorized or legally required. Any more specific confidentiality obligations in a separate agreement take precedence to the extent applicable.
Warranties and project acceptance
The agreed project specifications and acceptance criteria determine whether deliverables meet the contractual requirements.
Any testing period, defect correction process, warranty period, or post-launch support commitment must be stated in the relevant agreement.
Nothing in these terms excludes mandatory legal warranties or remedies that apply to a client or transaction.
Limitation of liability
To the extent permitted by applicable law, each party is responsible for the losses for which it is legally liable under the applicable agreement.
Any contractual exclusions or caps on liability must be expressly agreed, clearly drafted, and legally enforceable in the circumstances.
Nothing in these terms excludes or restricts liability where such exclusion or restriction is prohibited by law, or removes mandatory consumer rights.
Suspension and termination
A project or service may be suspended or terminated in accordance with the applicable agreement and applicable law.
Where a material breach can be remedied, the parties should follow any applicable notice and remedy period before termination. The consequences of termination, including payment, access, handover, and ownership of deliverables, should be governed by the project agreement.
Changes to these terms
We may update these website terms when necessary. The revised version will state its effective date.
A website update does not automatically change the terms of an existing project contract. Material changes to an existing agreement must be handled in accordance with that agreement and applicable law.
Governing law and disputes
These terms are intended to be governed by Belgian Law, subject to any mandatory rules that apply to the particular transaction.
The parties should first attempt to resolve disputes through good-faith communication. Nothing in this section removes any mandatory right to bring proceedings before a competent court or use an applicable dispute-resolution mechanism.
Any jurisdiction clause must comply with applicable law, including mandatory consumer jurisdiction protections where relevant.
Contact
For questions about these terms, contact DevNest at info@devnest.tech.
Website: https://devnest.tech
Need clarification?
Questions about our terms?
If something is unclear, contact our team before entering into a project agreement.
info@devnest.tech