Terms of Service

1. Agreement to Terms

These Terms of Service (the “Terms”) constitute a legally binding agreement between you and WebGenius (the “Company”, “we”, “us”, or “our”) governing your access to and use of this website (the “Site”) and any products or services we provide (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

2. Changes to the Terms

We may update these Terms from time to time. The “Last Updated” date above indicates the most recent changes. Material changes will be posted on this page. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract in your jurisdiction to use the Services. If you access the Services on behalf of a company or organization, you represent and warrant that you have authority to bind that entity, and “you” refers to that entity.

4. Project Engagements

Project scope, timelines, pricing, and deliverables will be defined in a separate written proposal or statement of work (the “SOW”). In case of any conflict between these Terms and an SOW, the SOW will govern for the specific engagement. You agree to provide timely feedback, approvals, and access to required systems or content so we can perform the Services.

5. Fees, Invoicing, and Refunds

• Billing. Fees and payment schedules are defined in the SOW or invoice. Unless otherwise agreed, invoices are due upon receipt.
• Late Payments. We may pause work for overdue balances and may charge reasonable late fees or interest as permitted by law.
• Refunds. Deposits or milestone payments are generally non‑refundable once corresponding work has commenced, except where required by law or expressly stated in the SOW.

6. Intellectual Property

• Client Materials. You retain all rights to content, marks, data, or assets you supply (“Client Materials”). You grant us a limited license to use Client Materials solely to perform the Services.
• Work Product. Upon full and final payment, and subject to the SOW, we assign to you all right, title, and interest in the final deliverables we expressly identify as “Work Product,” excluding our pre‑existing tools, libraries, frameworks, know‑how, and generic components (“Background IP”). We grant you a nonexclusive, perpetual license to use our Background IP embedded in the Work Product to the extent necessary to use the Work Product.

7. Confidentiality

Each party agrees to keep confidential any non‑public information received from the other that is marked or reasonably understood to be confidential (“Confidential Information”) and to use it only for the purpose of performing or receiving the Services. These obligations survive termination.

8. Acceptable Use

You agree not to misuse the Services or engage in illegal, harmful, infringing, or disruptive activities, including attempting to gain unauthorized access to systems or data, or using the Site to transmit malware or unsolicited communications.

9. Warranties and Disclaimers

• We will perform the Services in a professional and workmanlike manner consistent with industry standards.
• EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OR AN SOW, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE FEES PAID BY YOU TO US FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

11. Indemnification

You agree to indemnify and hold harmless WebGenius, its directors, officers, employees, and contractors from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to (a) your use of the Services; (b) your breach of these Terms; or (c) any Client Materials you provide.

12. Termination

Either party may terminate an SOW for material breach if the breach is not cured within a reasonable period after written notice. Upon termination, you will pay all fees for work performed up to the effective date of termination. Sections that by their nature should survive will survive.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Ghana, without regard to its conflict of laws rules. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in Ghana. Before filing suit, the parties agree to attempt in good faith to resolve disputes through informal negotiation.

14. Contact

Questions about these Terms may be sent via the contact form on our Contact page or by email at calebadobah1234@gmail.com.