Terms of Service

Techfordge Development Services

Effective Date: May 25, 2025 | Last Updated: May 25, 2025

Agreement Overview

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between Techfordge ("Company", "we", "us", "our") and the client or user ("Client", "you", "your") who engages our services or uses our website. By engaging Techfordge for development services, signing a service agreement, or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services or website.

Table of Contents

1. Acceptance of Terms

By engaging Techfordge for development services, executing a service agreement, or accessing our website, you expressly agree to be bound by these Terms of Service. Your acceptance may occur through:

  • Electronic or physical signature of a service agreement or statement of work
  • Making payment for services after receiving a proposal or quote
  • Continuing to use our services after being notified of changes to these Terms
  • Accessing or using our website or any of our services

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. In such case, "you" and "your" will refer to that entity.

2. Services Provided

Techfordge provides professional technology development and design services, including but not limited to:

Development Services

  • Custom web application development
  • Mobile application development (iOS, Android, cross-platform)
  • E-commerce platform development
  • API development and integration
  • Database design and optimization

Design & Consulting Services

  • User interface (UI) and user experience (UX) design
  • Responsive web design
  • Technical consulting and architecture planning
  • Code reviews and optimization
  • Maintenance and support services

Specific services, deliverables, timelines, and requirements will be detailed in individual project agreements, statements of work, or service proposals. All services are subject to the terms and conditions outlined in this Agreement.

3. User/Client Responsibilities

3.1 Accurate Information

You are responsible for providing accurate, complete, and current information necessary for the performance of services. This includes business requirements, technical specifications, content, credentials, and any other materials required for project completion. You must promptly notify us of any changes to provided information that may affect the project.

3.2 Prohibited Uses

You agree not to use our services for any unlawful or prohibited activities, including:

  • Any illegal activities or activities that violate applicable laws or regulations
  • Unauthorized access to computer systems, networks, or data
  • Development of malicious software, spam, or fraudulent applications
  • Infringement of intellectual property rights of third parties
  • Activities that could harm minors or vulnerable populations
  • Harassment, discrimination, or promotion of violence

3.3 Content Responsibility

You are solely responsible for all content, materials, data, and information you provide to Techfordge. You warrant that you own or have the necessary rights to all provided content and that such content does not infringe upon the rights of any third party. You agree to indemnify Techfordge against any claims arising from the content you provide.

4. Intellectual Property Rights

4.1 Pre-Existing Materials

Each party retains ownership of their respective pre-existing intellectual property. Techfordge retains ownership of its proprietary methodologies, tools, frameworks, code libraries, and general knowledge. Client retains ownership of their trademarks, business information, and content provided to Techfordge.

4.2 Work Product and Deliverables

Upon full payment of all fees due under the applicable service agreement, Techfordge assigns to Client all rights, title, and interest in the custom work product specifically created for Client, excluding any pre-existing materials or general methodologies. This assignment includes custom code written specifically for the project, custom designs created for Client's exclusive use, and documentation created specifically for the project.

4.3 Portfolio and Marketing Rights

Client grants Techfordge a non-exclusive, perpetual license to use Client's name, logo, and project details for portfolio, marketing, and promotional purposes. This includes the right to display work samples on our website, marketing materials, and case studies. Client may request removal of specific materials from our portfolio at any time.

4.4 Third-Party Components

Projects may incorporate third-party software, libraries, or components subject to their own licensing terms. Client is responsible for compliance with all applicable third-party licenses. Techfordge will inform Client of any significant third-party dependencies and their licensing requirements.

5. Payment Terms

5.1 Pricing Structure

Techfordge offers flexible pricing structures based on project requirements:

  • Fixed-Price Projects: Total project cost determined upfront based on defined scope and deliverables
  • Hourly Rate Projects: Billing based on actual time spent, with detailed time tracking provided
  • Retainer Agreements: Monthly retainer for ongoing services with predetermined scope
  • Milestone-Based: Payments tied to specific project milestones and deliverables

5.2 Invoicing and Payment Schedule

Unless otherwise specified in the project agreement:

  • Initial payment of 50% is due upon project commencement
  • Progress payments may be required at predetermined milestones
  • Final payment is due upon project completion and delivery
  • All invoices are due within 30 days of invoice date
  • Payments may be made via check, bank transfer, or approved electronic payment methods

5.3 Late Payment

Late payments are subject to a service charge of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is less. Techfordge reserves the right to suspend work on overdue accounts and may require payment of outstanding balances before resuming services.

5.4 Refund Policy

Refunds are available only for work not yet performed or delivered. Completed milestones and delivered work products are non-refundable. Any refund requests must be made in writing and will be evaluated on a case-by-case basis considering work completed, resources expended, and project circumstances.

6. Change Management

Changes to project scope, requirements, or deliverables must be requested in writing and are subject to Techfordge's approval. The change management process includes:

  1. 1Change Request: Client submits detailed written request describing proposed changes
  2. 2Impact Assessment: Techfordge evaluates impact on timeline, budget, and resources
  3. 3Change Order: Written change order provided detailing costs and timeline adjustments
  4. 4Approval: Client approves and signs change order before implementation

Scope changes may result in additional costs and timeline extensions. Work on change requests will not commence until written approval and any required additional payment is received. Verbal change requests are not binding and must be confirmed in writing.

7. Project Timelines & Delays

7.1 Timeline Management

Project timelines are estimates based on the agreed scope and Client's timely cooperation. Techfordge will make reasonable efforts to meet projected timelines, but time is not of the essence unless explicitly stated in the project agreement. Timelines may be adjusted due to scope changes, Client delays, or unforeseen technical challenges.

7.2 Client-Caused Delays

Delays caused by Client's failure to provide required materials, feedback, approvals, or access may result in timeline adjustments and additional costs. Client-caused delays include but are not limited to:

  • Late delivery of content, materials, or required information
  • Delayed feedback or approval of deliverables
  • Unavailability of key Client personnel for consultation
  • Changes to requirements or scope during development

7.3 Techfordge-Caused Delays

In the event of delays caused solely by Techfordge's failure to perform, Client's exclusive remedy shall be reasonable timeline adjustments. Techfordge is not liable for consequential damages resulting from project delays unless such liability is expressly agreed to in writing.

8. Confidentiality

Both parties acknowledge that they may have access to confidential information during the course of the engagement. Confidential information includes business plans, technical specifications, customer data, source code, proprietary methodologies, and any information marked or identified as confidential.

8.1 Mutual Obligations

Both parties agree to:

  • Maintain confidentiality of all confidential information received
  • Use confidential information solely for the purpose of performing under this Agreement
  • Implement reasonable security measures to protect confidential information
  • Not disclose confidential information to third parties without prior written consent
  • Return or destroy confidential information upon request or project completion

8.2 Exceptions

Confidentiality obligations do not apply to information that: (a) is publicly available through no breach of this Agreement; (b) was known prior to disclosure; (c) is independently developed without use of confidential information; or (d) is required to be disclosed by law or court order.

9. Warranties and Disclaimers

9.1 Limited Warranties

Techfordge warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. We warrant that deliverables will substantially conform to agreed specifications for a period of 90 days following delivery. Our sole obligation for breach of this warranty is to correct or re-perform non-conforming services at no additional cost to Client.

10. Limitation of Liability

To the maximum extent permitted by law, Techfordge's total liability for any claim arising out of or related to this Agreement shall not exceed the total fees paid by Client for the specific services giving rise to the claim. In no event shall Techfordge be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

11. Indemnification

Client agrees to indemnify, defend, and hold harmless Techfordge, its affiliates, officers, directors, and employees from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

  • Client's breach of this Agreement
  • Client's use of deliverables in violation of third-party rights
  • Client's violation of applicable laws or regulations

12. Termination

Either party may terminate this Agreement for any reason with 30 days' written notice. Upon termination, Client shall pay for all services rendered and expenses incurred up to the termination date. Techfordge will deliver all completed work products and documentation upon receipt of final payment.

13. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Ghana, without regard to conflict of law provisions.

14. Force Majeure

Neither party shall be liable for any delay or failure due to force majeure, including natural disasters, strikes, or government actions.

15. Changes to Terms

Techfordge reserves the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on this page.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Contact Information

For any inquiries or concerns related to these Terms, please contact Techfordge at:

  • Phone: +233 24 053 6268
  • Email: hello@techfordge.tech