Terms of Service

1. Acceptance of Terms

By accessing and using MagKam Solutions ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use our Service.

2. Account Registration

To access certain features of the Service, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or violates these terms.

3. Services and Project Agreements

3.1 Service Offerings

MagKam Solutions provides custom software development services including but not limited to:

• Custom website development (Next.js, React, Angular)
• Mobile application development (React Native, iOS, Android)
• Custom ecommerce platforms and marketplaces
• Custom software solutions (CRMs, SaaS platforms, internal tools)
• Technical consulting and code review services

3.2 Project Proposals and Pricing

All projects begin with a consultation and written proposal outlining scope, deliverables, timeline, and pricing. Pricing is project-specific and based on complexity, features, and estimated development time. All prices are quoted in USD. We reserve the right to decline projects that are not a good fit or that fall outside our area of expertise.

3.3 Payment Terms

Payment terms are specified in individual project agreements and typically include:

• Initial deposit (typically 30-50%) required before work begins
• Milestone payments for larger projects
• Final payment due upon project completion and delivery
• Monthly retainer payments for ongoing maintenance and support services

We accept payment via credit card, ACH transfer, or other methods as specified in your project agreement. Late payments may result in suspension of work or termination of services.

4. Project Delivery and Timelines

4.1 Project Timelines

Project timelines are estimates provided in good faith based on the defined scope of work. Actual delivery dates may vary due to:

• Changes in project scope or requirements
• Delays in client feedback or approval
• Technical challenges or third-party service dependencies
• Force majeure events beyond our reasonable control

While we make every effort to meet agreed timelines, they are not guaranteed unless specifically stated as a hard deadline in the project agreement.

4.2 Client Responsibilities

Timely project completion requires client cooperation, including:

• Providing necessary content, assets, and access credentials
• Responding to requests for feedback within agreed timeframes
• Making timely decisions on design and functionality choices
• Completing testing and providing feedback during review periods

Delays caused by client non-responsiveness or late delivery of required materials may result in project timeline extensions and potential additional costs.

4.3 Project Delivery and Handoff

Upon project completion, we will deliver all agreed-upon deliverables including source code, documentation, and deployment instructions as specified in the project agreement. You are responsible for reviewing deliverables and reporting any issues within the agreed warranty period.

5. Intellectual Property and Ownership

5.1 Code Ownership

Unless otherwise specified in the project agreement, upon full payment, you will receive full ownership of the custom code and assets developed specifically for your project. This includes:

• Custom application code written for your project
• Custom designs and graphics created for your project
• Project documentation and user guides

5.2 Third-Party Components

Projects may include third-party libraries, frameworks, and open-source components that remain under their respective licenses. We will inform you of any significant third-party dependencies and their licensing requirements.

5.3 Portfolio Rights

MagKam Solutions reserves the right to display completed projects in our portfolio, marketing materials, and case studies unless otherwise agreed in writing. We will not disclose confidential business information without your permission.

6. User Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of these terms
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any portion of the Service
• Engage in any automated use of the system (bots, scrapers, etc.)
• Submit false or misleading information
• Engage in fraudulent activity or abuse of promotional offers

7. Refunds and Cancellations

7.1 Deposit Refunds

Initial project deposits are generally non-refundable once work has commenced. If you cancel a project before work begins, deposits may be refunded minus any consultation time or administrative costs incurred.

7.2 Project Cancellation

Either party may terminate a project with written notice. In the event of cancellation:

• Client will pay for all work completed up to the cancellation date
• MagKam Solutions will deliver any completed work or work-in-progress
• Remaining deposits or prepayments will be refunded after deducting costs for work performed

7.3 Satisfaction and Revisions

Project agreements include a specified number of revision rounds. We will work with you to ensure satisfaction within the agreed scope. Additional revisions beyond the agreed amount may incur additional fees. Please refer to our Refund Policy for more details.

8. Intellectual Property

The Service and its original content, features, and functionality are owned by MagKam Solutions and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without our prior written consent.

9. Limitation of Liability

To the maximum extent permitted by law, MagKam Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of or inability to access or use the Service or delivered software
• Any conduct or content of any third party on the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Software bugs, errors, or failures in third-party services or dependencies
• Business losses or damages claimed to result from software downtime or defects

Our total liability to you for any claim arising from or relating to our services shall not exceed the total amount you paid to us for the specific project or service in question.

10. Warranties and Support

10.1 Warranty Period

We provide a limited warranty on our work for a period specified in your project agreement (typically 30-90 days after final delivery). During this period, we will fix bugs and defects in our code at no additional charge.

10.2 Warranty Exclusions

Our warranty does not cover:

• Issues caused by modifications made by you or third parties
• Problems arising from hosting environment changes or incompatibilities
• Third-party service failures or API changes
• Feature requests or changes beyond the original scope
• Issues caused by improper use or deployment of the software

10.3 Ongoing Support and Maintenance

After the warranty period, ongoing support and maintenance services are available through monthly retainer agreements. Support services may include bug fixes, minor updates, security patches, and technical assistance as specified in the support agreement.

11. Modifications to Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

12. Changes to Terms

We reserve the right to update or modify these Terms of Service at any time. We will notify you of any changes by posting the new Terms of Service on this page and updating the "Last Updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new terms.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising from these terms or the Service shall be resolved in the courts of the applicable jurisdiction.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

15. Contact Information

If you have any questions about these Terms of Service, please contact us: