These Terms of Service ("Terms") govern any proposal, quote, contract, engagement, or use of the website located at https://www.mubarakdigital.com (the "Site") between you ("Client," "you") and Mubarak Digital Innovation Hub, trading as Mubarak Digital ("we," "us," "our," the "Company"), a business registered in Nigeria under CAC registration number 9679363, with its registered address at 023, Baba Impossible Street, Kundila, Tarauni, Kano, Nigeria.
By engaging our services, signing a proposal, making a payment, or using the Site, you agree to be bound by these Terms. If you do not agree, do not engage our services or use the Site.
1. Definitions
- "Services" means web and mobile development, SEO/AEO optimization, business process automation, branding, landing page conversion, and related digital consulting work we agree to perform.
- "Deliverables" means the specific outputs (code, designs, documents, content) defined in a proposal, quote, or statement of work ("SOW").
- "Client Content" means any text, images, logos, data, credentials, or other materials you provide to us for use in the Services.
2. Proposals, Quotes & Scope of Work
Each engagement begins with a proposal, quote, or SOW describing the Deliverables, timeline, and fees. Work outside that documented scope is treated as a change request and may incur additional fees and timeline adjustments. Verbal agreements or informal chat messages do not modify an agreed scope unless confirmed in writing (email or messaging thread is sufficient).
3. Fees & Payment Terms
- Projects are billed either as a fixed fee or in milestone installments, as set out in the proposal. Unless stated otherwise, an upfront deposit is required before work begins.
- Deposits are non-refundable once work has commenced, as they compensate for time and resources allocated to your project (see our Refund & Cancellation Policy for full detail).
- Outstanding invoices unpaid for more than 7 days may accrue late fees and we reserve the right to pause work, withhold Deliverables, or suspend live sites/services until payment is received in full.
- All fees are quoted exclusive of applicable taxes, currency conversion charges, and third-party costs (domains, hosting, licenses, paid APIs) unless explicitly included in the proposal.
- Prices are quoted in the currency stated on the proposal. Client is responsible for any transfer or conversion fees incurred in making payment.
4. Client Responsibilities
You agree to provide timely feedback, Client Content, and access credentials (domain registrar, hosting, third-party accounts) needed to complete the Services. Delays in providing these may extend the project timeline proportionally, and we are not liable for missed deadlines caused by your delay.
You warrant that any Client Content you provide does not infringe the intellectual property, privacy, or other rights of any third party, and you agree to indemnify us against claims arising from Client Content you supplied.
5. Revisions
Each project includes a reasonable number of revision rounds as specified in the proposal. Additional revision requests beyond the agreed scope, or requests that change previously approved design/functionality direction, are billed separately at our standard rate.
6. Intellectual Property
- Upon full and final payment, ownership of the final, agreed Deliverables created specifically for your project transfers to you.
- We retain ownership of all pre-existing tools, frameworks, code libraries, internal templates, methodologies, and any reusable components not created exclusively for your project, and we grant you a non-exclusive, perpetual license to use them as embedded in your Deliverables.
- Until full payment is received, all work-in-progress and Deliverables remain our exclusive property and may not be used, copied, or deployed.
- We reserve the right to showcase completed, non-confidential work (screenshots, case studies, links) in our portfolio and marketing materials unless you request confidentiality in writing before project completion.
7. Third-Party Services & Tools
Projects commonly rely on third-party services (hosting providers, domain registrars, AI APIs, payment processors, analytics, plugins). We are not responsible for the pricing, uptime, policy changes, or discontinuation of any third-party service. Ongoing subscription or usage costs for such services after handover are your responsibility unless otherwise agreed in writing.
8. Confidentiality
Each party agrees to keep confidential any non-public business, technical, or financial information disclosed by the other party during the engagement, and to use it only for purposes of the project.
9. Warranties & Disclaimers
We perform Services with reasonable skill and care. However, Deliverables are provided "as is" upon handover, and we do not guarantee specific business outcomes such as search rankings, traffic volume, lead volume, conversion rates, or revenue, as these depend on factors outside our control (market conditions, competitor activity, third-party algorithm changes, your ongoing marketing decisions). To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability and fitness for a particular purpose.
10. Limitation of Liability
To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to any engagement shall not exceed the total fees actually paid by you for the specific project giving rise to the claim. In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunity, even if advised of the possibility of such damages.
11. Indemnification
You agree to indemnify and hold harmless the Company, its founder, and any contractors from claims, damages, or expenses (including reasonable legal fees) arising from: (a) Client Content you provided, (b) your breach of these Terms, or (c) your misuse of the Deliverables after handover.
12. Termination
- Either party may terminate an engagement with written notice.
- If you terminate after work has begun, you remain responsible for payment of all work completed to date, calculated on a pro-rated or milestone basis, and any deposit paid is non-refundable.
- We may terminate or suspend an engagement immediately for non-payment, abusive conduct toward our team, or a request to perform unlawful work.
- Sections relating to Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, and Governing Law survive termination.
13. Post-Launch Support
Where stated in your proposal, business engagements include a defined free post-launch support window (for example, 3 months) covering bug fixes, monitoring, and minor adjustments related to the original scope. This does not cover new features, redesigns, third-party outages, or issues caused by changes made outside our involvement. Support beyond this window is available under a separate maintenance arrangement.
14. Force Majeure
Neither party is liable for delay or failure to perform obligations due to causes beyond reasonable control, including natural disasters, internet or power outages, government action, or third-party service failures.
15. Independent Contractor Relationship
The Company operates as an independent contractor. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between the parties.
16. Governing Law & Dispute Resolution
These Terms are governed by the laws of the Federal Republic of Nigeria. Both parties agree to first attempt to resolve any dispute in good faith through direct negotiation. If unresolved within 30 days, the dispute shall be subject to the exclusive jurisdiction of the courts of Kano State, Nigeria.
17. General
If any provision of these Terms is found unenforceable, the remaining provisions continue in full effect. These Terms, together with the applicable proposal or SOW, constitute the entire agreement between the parties and supersede prior discussions on the same subject matter. We may update these Terms from time to time; continued use of our Services after an update constitutes acceptance of the revised Terms.
18. Contact
Questions about these Terms can be sent to dev@mubarakdigital.com.