Terms of Service

These Terms of Service ("Terms") govern the engagement between you ("Client") and Mezbaul.com, a website design agency and custom software development studio operated by K M Mezbaul Hoque ("Developer"). By hiring my services or using this website, you agree to these Terms in full.

1. Scope of Services & Proposals

I provide bespoke software engineering and digital services including:

• Custom website design & development
• eCommerce development (WooCommerce, custom platforms)
• Mobile application development (Flutter, React Native)
• POS & shop management systems
• Inventory & stock management
• Accounting & ERP solutions
• Restaurant & hotel management portals
• Custom cloud software
• Website maintenance & support

Every project begins with a written proposal/quotation outlining scope, deliverables, timelines, and fees. Any work beyond the approved proposal is considered a Change Request and will be quoted separately before execution.

2. Client Obligations & Content Responsibilities

The client must provide all required materials and access credentials in a timely manner, including:

• Content & Media: All required text, images, logos, media, product data, and branding assets.
• Technical Access: Hosting/server credentials (cPanel, SSH, FTP, API keys) necessary for deployment and configuration.
• Intellectual Property Warranty: The client warrants that all provided materials are owned or properly licensed and do not infringe third-party intellectual property.
• Timeline Compliance: If client-supplied content or feedback is delayed by more than 30 days beyond the agreed timeline, the Developer reserves the right to invoice for completed work and pause the project, with the remaining project resumed upon mutual agreement.

3. Intellectual Property & Code Ownership

Upon receipt of 100% full payment, the Client receives full ownership rights to all custom source code, database schemas, and design assets (PSD/Figma files, custom graphics) created specifically for their project. The Developer retains no ownership claim on client-specific custom code once fully paid.

• Client Ownership: All custom source code, database schemas, and design assets created specifically for the project become the Client's exclusive property upon full payment.
• Developer Retained Rights: The Developer retains rights to pre-existing frameworks, boilerplate code, reusable libraries, and open-source components used during development — these remain under their respective licenses (MIT, GPL, Apache, etc.).
• Portfolio Rights: The Developer reserves the right to showcase the completed project in their portfolio, case studies, and marketing materials unless the Client explicitly requests exclusion in writing before project commencement.

4. Server Infrastructure, Cloud Hosting & Third-Party APIs

The Developer may recommend and deploy projects on hosting platforms including Hostinger, AWS, DigitalOcean, Linode, or client-owned VPS/dedicated servers. The Developer is not liable for hosting provider outages, data center failures, server hardware malfunctions, or DNS propagation delays that are outside the Developer's control.

• Hosting Platforms: Projects may be deployed on Hostinger, AWS, DigitalOcean, Linode, or client-owned VPS/dedicated servers based on project requirements.
• Third-Party API Integrations: Integrations (e.g., Stripe, PayPal, SMS gateways, Google Maps, payment processors) are subject to the terms, uptime, and deprecation policies of their respective providers.
• Service Availability: The Developer does not guarantee uninterrupted availability of third-party services and will make reasonable efforts to resolve integration issues promptly.

5. Technical Warranty & Post-Launch Support

All completed projects include a complimentary 30-day post-launch bug-fix warranty period starting from the date of live deployment or source code handover. During this warranty period, the Developer will fix any bugs, errors, or defects in the originally delivered scope at no additional cost.

The warranty does NOT cover:

• New feature requests or design changes beyond the original scope
• Issues caused by client modifications to the delivered code
• Third-party plugin/theme/API conflicts
• Hosting environment misconfiguration by the client
• Data loss due to inadequate client backups

Beyond the 30-day warranty, ongoing maintenance, security updates, content changes, and performance optimization require an active Website Maintenance & Support subscription. See Maintenance Plans.

6. Limitation of Liability & Indemnification

The Developer's total aggregate liability for any claim arising from or related to the services shall not exceed the total fees actually paid by the Client for the specific project. The Developer shall not be liable for any indirect, consequential, incidental, or punitive damages including but not limited to loss of revenue, loss of data, loss of business opportunity, or server downtime, even if advised of the possibility of such damages.

The Client agrees to indemnify and hold harmless K M Mezbaul Hoque from any claims, damages, liabilities, and expenses arising from:

• Content provided by the Client that infringes third-party rights
• The Client's use of the delivered software or website in violation of applicable laws
• Unauthorized modifications to the delivered code by third parties

7. Confidentiality & NDAs

Both parties agree to treat all exchanged business information, source code repositories, database contents, server credentials, API keys, client customer data, and proprietary workflows as strictly confidential. Neither party shall disclose confidential information to third parties without prior written consent, except as required by law.

• Credential Purging: The Developer will purge all client server credentials (SSH keys, FTP passwords, cPanel access, database passwords) within 7 days of project completion unless an active maintenance agreement is in place.
• Non-Disclosure Agreements: Formal Non-Disclosure Agreements (NDAs) are available upon request for enterprise or sensitive projects.

8. Termination, Cancellation & Governing Law

Either party may terminate the engagement with written notice. For cancellation terms, refund eligibility, and deposit policies, see the Cancellations & Refunds Policy. For payment schedules and fee structure, see Fee & Charges Policy.

These Terms are governed by and construed in accordance with the laws of the Developer's jurisdiction of registration. Any disputes arising from these Terms shall be resolved through amicable negotiation first, and if unresolved, shall be submitted to binding arbitration.

9. Changes to These Terms

The Developer reserves the right to update these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Continued use of services after changes constitutes acceptance.

10. Contact

For questions about these Terms contact: