1. Acceptance of Terms
By using any HTMLBasket website, form, chat, or service (collectively, the “Services”), you agree to these Terms. If you are using the Services on behalf of a company, you represent that you have authority to bind that company to these Terms.
2. Eligibility & Accounts
- You must be at least the age of majority in your jurisdiction (e.g., 18+ in most regions).
- You are responsible for maintaining the confidentiality of your credentials and for all activities under your account.
- Provide accurate, current information and promptly update any changes.
3. Services & Scope
We provide design and development Services (e.g., WordPress, Shopify, front‑end, white‑label agency work). Features may evolve, be improved, or be discontinued from time to time. We may provide reasonable alternatives when changes occur.
4. Subscriptions, Billing & Taxes
- Plans may be month‑to‑month with a flat fee (e.g., “unlimited tasks” within fair use). Unless otherwise stated, no long‑term contract is required.
- Fees are due in advance and are generally non‑refundable once a billing cycle begins, except where required by law or expressly agreed in writing.
- Prices exclude applicable taxes (GST/VAT/Sales tax). You are responsible for taxes based on your billing location.
- Late or failed payments may result in pausing or terminating Services.
5. Task Requests & Deliverables
- “Unlimited” typically means unlimited request submissions; simultaneous active tasks and turnaround depend on your selected plan.
- Deliverables are based on mutually agreed scope. Material scope changes may require timeline or fee adjustments.
- We will use commercially reasonable efforts to meet estimated timelines, which are estimates, not guarantees.
- Acceptance: Deliverables are deemed accepted when you approve or after a reasonable review period without substantive objections.
6. Intellectual Property
- Our IP: We retain rights in our pre‑existing materials, know‑how, tools, libraries, and methodologies.
- Your IP: You retain all rights to your pre‑existing content, trademarks, and data.
- Deliverables: Upon full payment, and unless otherwise agreed, we grant you a worldwide, perpetual license (or assignment, where expressly agreed) to use the final deliverables for your business purposes.
7. Client Materials & Licenses
You are responsible for ensuring you have the necessary rights to any materials you provide (images, fonts, copy, data, third‑party code). You grant us a limited license to use those materials solely to provide the Services.
8. Confidentiality & Data Protection
- Each party agrees to protect the other’s confidential information and use it only for the purpose of the Services.
- We process personal data in accordance with our Privacy Policy and applicable laws (e.g., GDPR/UK‑GDPR/CPRA/DPDP).
- For white‑label work, we honor non‑disclosure requirements and branding confidentiality.
9. Acceptable Use Policy
You agree not to misuse the Services. Prohibited activities include (without limitation):
- Illegal content or activities; infringement of IP rights; deceptive or harmful practices.
- Security violations (malware, DDoS, unauthorized access, scraping beyond allowance).
- Abusive behavior toward our team or others.
- Use of deliverables in violation of third‑party terms or laws.
10. Third‑Party Services
We may integrate or rely on third‑party services (e.g., hosting, plugins, payment gateways). Those services are governed by their own terms and privacy policies. We are not responsible for third‑party failures or changes.
11. Feedback
If you submit feedback or suggestions, you grant us a non‑exclusive, worldwide, royalty‑free license to use them to improve our Services without restriction.
12. Disclaimers & Warranties
The Services and deliverables are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement. We do not warrant uninterrupted or error‑free operation.
13. Limitation of Liability
To the maximum extent permitted by law, HTMLBasket shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or business, arising out of or related to your use of the Services. Our total liability for any claim shall not exceed the amounts paid by you to us for the Services in the three (3) months preceding the event giving rise to the claim.
14. Indemnification
You agree to defend, indemnify, and hold harmless HTMLBasket and its affiliates from claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your: (a) use of the Services; (b) breach of these Terms; (c) violation of law or third‑party rights; or (d) materials you provide.
15. Suspension & Termination
- We may suspend or terminate access for violations of these Terms, legal requests, non‑payment, or security risks.
- You may cancel at any time (cancellation takes effect at the end of the current billing period unless otherwise stated).
- Upon termination, your right to use the Services ceases; certain sections survive (e.g., IP, confidentiality, liability).
16. Governing Law & Disputes
These Terms will be governed by applicable laws depending on your contracting entity or billing address. Disputes will be attempted via good‑faith negotiations; if unresolved, they may be submitted to arbitration or a competent court, subject to mandatory consumer protections. Nothing limits statutory rights you may have in your country of residence.
17. Changes to the Terms
We may update these Terms to reflect changes to our Services or legal requirements. We will indicate the latest effective date below and, where legally required, provide notice of material changes.
Effective date: Update date here
18. Miscellaneous
- Entire Agreement: These Terms plus any order forms/SOWs constitute the entire agreement regarding the Services.
- Assignment: You may not assign these Terms without our consent; we may assign as part of a corporate transaction.
- Severability: If any provision is unenforceable, the rest remains in effect.
- No Waiver: Failure to enforce a provision is not a waiver.
- Notices: We may send notices to the email you provided or via the Service UI.
19. Contact Us
Questions about these Terms? Contact HTMLBasket at [email protected].
For billing or account changes, please include your company name, billing email, and plan details.
