Terms & Conditoins

Welcome to Porfyro! By availing of our services, you agree to abide by the following terms and conditions. These terms are designed to ensure a professional, secure, and efficient working environment for both Porfyro and its clients.

1. General Terms

By engaging with Porfyro for software solutions, website development, graphic design, or any other services, you agree to these terms and conditions.

Porfyro reserves the right to modify these terms at any time. Clients will be informed of any changes in writing, and such changes will become effective immediately upon communication. Continued use of Porfyro's services constitutes acceptance of the updated terms.

2. Code of Conduct

Porfyro maintains a strict zero-tolerance policy toward any form of abusive or inappropriate behavior. If a client engages in using abusive language, threats, or harassment toward Porfyro’s employees, contractors, or representatives, the contract will be immediately terminated without refund. Porfyro reserves the right to pursue legal action in severe cases of misconduct.

3. Payment Policy

Clients must pay the agreed-upon advance amount prior to the commencement of any project.

Failure to make subsequent payments as per the agreed schedule will result in the suspension or termination of the project. Porfyro is under no obligation to resume the project until all outstanding payments are cleared.

All payments made to Porfyro are final and non-refundable, regardless of the project status.

4. No Return Policy

Porfyro does not offer returns, exchanges, or refunds for any services or deliverables, once the project has commenced or deliverables have been shared.

5. Confidentiality and Legal Compliance

Clients are responsible for ensuring that all information provided to Porfyro is accurate, lawful, and free of fraudulent content. Any breach of this responsibility by the client will render them solely liable for legal actions.

Porfyro will handle all client data with utmost confidentiality and follow industry-standard data protection practices. However, Porfyro will not be held liable for breaches caused by external malicious activities or third-party interference.

6. Intellectual Property Rights

Porfyro retains ownership of all pre-existing intellectual property, proprietary tools, and methodologies used during the project.

Upon full payment, clients will receive the right to use the final deliverables. However, Porfyro reserves the right to showcase completed projects in its portfolio, unless the client explicitly requests otherwise in writing.

7. Project Scope and Changes

Any modifications to the original project scope after contract signing may result in additional charges and timeline adjustments.

Clients are required to clearly communicate their requirements, goals, and expectations at the beginning of the project to avoid misunderstandings or delays.

8. Termination Policy

Porfyro reserves the right to terminate any project or contract if the client breaches these terms or fails to comply with agreed obligations.

In cases of termination, Porfyro retains ownership of all work completed unless the client has fully paid for all deliverables.

9. Liability and Indemnity

Porfyro shall not be held liable for any direct, indirect, incidental, or consequential damages arising from the use of its services.

Clients agree to indemnify and hold Porfyro harmless from any claims, damages, or losses resulting from the client’s breach of these terms or misuse of services.

10. Service Downtime and Delays

Porfyro strives to deliver all projects on time but is not responsible for delays caused by unforeseen circumstances, including force majeure events such as natural disasters, strikes, or governmental actions.

Timely cooperation from the client is essential for meeting deadlines. Any delays due to the client’s failure to provide necessary inputs will not be Porfyro’s responsibility.

11. Governing Law and Dispute Resolution

These terms and conditions shall be governed by the laws of the jurisdiction in which Porfyro operates. Any disputes arising from these terms will be resolved through mediation or arbitration, with the venue being Porfyro’s registered office.

12. Third-Party Services

Porfyro may integrate third-party tools, software, or services into its offerings. Clients agree to comply with the terms and conditions of these third parties.

Porfyro is not liable for disruptions, delays, or malfunctions caused by third-party services.

13. Communication

All official communication will be conducted via documented means such as email or signed letters. Informal or verbal agreements will not be binding unless confirmed in writing.

14. Feedback and Disputes

Clients are encouraged to provide constructive feedback. Any disputes or grievances must be submitted in writing within seven (7) business days of their occurrence. Porfyro will make every reasonable effort to address client disputes but reserves the right to make the final decision.

15. Data Security

Porfyro follows industry best practices to safeguard client data. However, no system is entirely immune to breaches. Clients acknowledge this and agree not to hold Porfyro liable for breaches beyond its reasonable control.

16. Client Responsibilities

Clients must provide all necessary materials, resources, and access required for project execution in a timely manner. Any delays caused by the client’s failure to provide these essentials will impact project timelines and are not the responsibility of Porfyro.

17. Warranty Disclaimer

Porfyro provides all services on an "as-is" basis and does not guarantee specific outcomes unless explicitly stated in the contract. Clients are responsible for testing and verifying deliverables to ensure they meet their requirements.

18. Support and Maintenance

Post-project support or maintenance services are not included unless explicitly mentioned in the agreement and may incur additional costs. Porfyro will not be responsible for issues arising from client modifications to the deliverables.

19. Portfolio Usage

Porfyro reserves the right to showcase completed projects in its portfolio and promotional materials unless otherwise agreed upon in writing.

20. Contract Term

Contracts remain valid until the completion of agreed services unless terminated earlier under these terms. All deliverables and rights transfer upon full payment, subject to compliance with these terms.

21. Ownership of Drafts

Drafts, prototypes, or preliminary designs remain the intellectual property of Porfyro unless explicitly transferred to the client as part of the deliverables.

22. Revision Policy

Reasonable revisions are included within the project scope. Extensive changes or additional revisions outside the scope will incur extra charges and potentially affect delivery timelines.

23. Legal Use of Deliverables

Clients must ensure that deliverables are used in accordance with all applicable laws and regulations. Porfyro will not be liable for any misuse of deliverables.

24. Refund Policy

Refunds will not be provided once a project has commenced or deliverables have been shared, regardless of the reasons.

25. Accuracy of Information

Clients must provide accurate and complete information for the project. Porfyro will not be responsible for errors resulting from inaccurate or incomplete client inputs.

26. Breach of Contract

Any breach of these terms by the client may result in immediate termination of services, and Porfyro reserves the right to seek legal remedies.

27. Non-Solicitation

Clients agree not to solicit or hire Porfyro employees or contractors for direct employment during and for twelve (12) months following the completion of the project.

28. Termination by Client

Clients may terminate the contract by providing written notice. Fees for work completed up to the point of termination remain payable.

29. Disclaimers on Third-Party Licenses

Clients are responsible for procuring necessary third-party licenses unless otherwise agreed in writing. Porfyro will not be liable for issues arising from license violations.

30. Consent for Communication

By engaging with Porfyro, clients consent to receiving project-related communication via email, phone, or other agreed-upon means.

31. Subcontracting

Porfyro reserves the right to subcontract portions of the project to trusted partners or individuals. However, Porfyro remains accountable for the overall quality and delivery.

32. Force Majeure

Porfyro shall not be held liable for delays or failures to perform caused by events beyond its reasonable control, including but not limited to natural disasters, pandemics, or strikes.

33. Non-Compete Clause

Clients may not use insights or methodologies gained through their engagement with Porfyro to develop competing services during or after the contract term.

34. SEO and Marketing Results

Porfyro does not guarantee specific results from SEO, digital marketing, or other promotional activities as these depend on various factors beyond its control.

35. Termination Due to Inactivity

Projects with no client communication or activity for thirty (30) days will be deemed inactive and terminated without refund. Reactivation may incur additional charges.

36. Code Ownership

Ownership of source code and other proprietary materials will only transfer to the client upon full payment of all outstanding invoices.

37. Privacy Policy Compliance

Porfyro adheres to applicable data protection laws and expects clients to comply with the same when using provided deliverables or services.

38. Testing and Quality Assurance

Deliverables will be thoroughly tested before handover. Clients are responsible for conducting additional testing within their own operational environment.

39. Timely Approvals

Clients must provide timely feedback and approvals for project milestones. Delays in approvals may extend project timelines and will not be the responsibility of Porfyro.

40. Dispute Resolution Timeline

Any disputes or issues must be formally raised within fourteen (14) days of occurrence. Failure to do so will waive the client’s right to raise such disputes.

41. Scope Limitation

Porfyro is responsible only for tasks explicitly mentioned in the signed agreement. Additional tasks will require a new agreement or addendum.

42. Training Services

Training on deliverables, if required, will be provided at an additional cost. This includes tutorials, documentation, or workshops.

43. Liability Cap

Porfyro’s total liability for any claim is limited to the value of the project fee, regardless of the nature of the claim.

44. Updates and Upgrades

Future updates or upgrades to deliverables are not included in the initial project scope unless explicitly stated in the agreement.

45. Acceptance of Deliverables

Deliverables will be considered accepted unless the client raises objections in writing within seven (7) days of delivery.

Acceptance of Terms

By signing or agreeing to this document electronically, you confirm that you have read, understood, and agreed to the above terms and conditions.