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Terms of Service

The rules governing your use of Devised IT's website, products and professional services.

Home/Terms of Service
Last updated: January 15, 2025 Effective: January 15, 2025 Contact: legal@devisedit.com

1. Acceptance of Terms

These Terms of Service ("Terms") form a legally binding agreement between you ("Client", "you") and Devised IT ("Company", "we", "us"). By accessing our website, engaging our services, or signing a Statement of Work (SOW), you agree to be bound by these Terms.

If you are entering into this agreement on behalf of a company, you represent that you have authority to bind that entity.

2. Services

Devised IT provides software development, cloud engineering, AI integration, mobile development, digital transformation and managed IT services (collectively, "Services"). Specific deliverables, timelines and pricing are defined in individual Statements of Work (SOW) or Master Service Agreements (MSA), which are incorporated into these Terms by reference.

3. Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use our Services. By using the site, you confirm you meet these requirements.

4. Accounts & Access

  • You are responsible for maintaining the confidentiality of your account credentials.
  • You must notify us immediately of any unauthorised access or security breach.
  • We may suspend or terminate accounts that violate these Terms.

5. Intellectual Property

5.1 Client-Owned Deliverables

Upon full payment, all custom software, code, designs and documentation produced specifically for you under a SOW are assigned to you, including all intellectual property rights, unless otherwise stated in the SOW.

5.2 Pre-existing & Reusable Components

We retain ownership of any pre-existing tools, libraries, frameworks or generic components ("Background IP") that we bring to the project. You receive a perpetual, non-exclusive, royalty-free license to use Background IP as embedded in your deliverables.

5.3 Company Website & Brand

All content on this website — including logos, text, graphics and code — is owned by Devised IT and protected by copyright and trademark laws. You may not reproduce or distribute without prior written consent.

6. Fees & Payment

  • Fees are defined in each SOW and are quoted in USD unless stated otherwise.
  • Standard payment terms are Net 15 unless agreed otherwise in writing.
  • Late payments may accrue interest at 1.5% per month or the maximum permitted by law.
  • All fees are exclusive of applicable taxes (VAT/GST/sales tax), which you are responsible for.
  • Retainers and fixed-price projects may require a non-refundable deposit (typically 30–50%).

7. Confidentiality

Each party agrees to protect the other's confidential information using at least the same degree of care used for its own. Confidential information includes business plans, source code, technical specs, financial data and customer information.

This obligation survives termination for five (5) years, or indefinitely for trade secrets.

8. Warranties & Disclaimers

We warrant that Services will be performed in a professional and workmanlike manner and substantially conform to the applicable SOW. For a period of 30 days after delivery, we will fix any defects in deliverables at no additional cost.

Disclaimer: Except as expressly stated, the website and Services are provided "as is" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

9. Limitation of Liability

To the maximum extent permitted by law:

  • Neither party shall be liable for indirect, incidental, consequential, special or punitive damages.
  • Our total cumulative liability arising from or related to the Services shall not exceed the fees paid by you to us in the 12 months preceding the claim.
  • This limitation does not apply to gross negligence, wilful misconduct, or breach of confidentiality.

10. Indemnification

You agree to indemnify and hold harmless Devised IT, its officers, directors, employees and agents from any claims, damages, liabilities or expenses arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) content you provide to us.

11. Termination

  • Either party may terminate a SOW for material breach with 30 days' written notice if the breach is not cured within that period.
  • Either party may terminate for convenience with 60 days' written notice.
  • Upon termination, you must pay for all work performed and approved up to the termination date.
  • Clauses relating to Intellectual Property, Confidentiality, Limitation of Liability, and Governing Law survive termination.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the jurisdiction stated in the applicable MSA. If no MSA exists, they are governed by the laws of England and Wales, without regard to conflict of law principles.

The parties agree to first attempt good-faith negotiation, then mediation, before pursuing litigation or binding arbitration.

13. Changes to Terms

We may update these Terms from time to time. Material changes will be notified via email or website notice at least 14 days before taking effect. Continued use of the Services after that date constitutes acceptance of the revised Terms.

14. Contact

Questions about these Terms? Reach our legal team: