The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to the company/person in contract with DevNerdz OR person accessing this website, using DevNerdz services and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “DevNerdz” “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing United States Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

DevNerdz reserves the right to assign subcontractors to this Project to insure that the terms of this agreement are met. Client agrees to the use of 3rd party or open source technologies or frameworks for this project by DevNerdz without prior written or verbal consent by Client.

We are committed to protecting your privacy. Authorized employees within the Company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Client records are regarded as confidential and therefore will not be divulged to any third party, other than our partner(s) / supplier(s) and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the provision that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

i. Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

ii. Excludes all liability for damages arising out of or in connection with your of our provided software/website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

DevNerdz designs develops websites, web applications, software and mobile apps. Client understands that DevNerdz’s services may include certain communications from DevNerdz such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to DevNerdz’s services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access DevNerdz’s services.

We believe that code just doesn’t break; it either works or it doesn’t. We provide the only industry lifetime warranty that gives you peace of mind in knowing you are covered if anything ever comes up. Our competition provides 30 to 90 day warranties in hopes you may miss something and will be another fee down the road.
Inclusions
DevNerdz’s warranties its own software code for life and will resolve any functional or technical software defects that are related to our own code. Our code includes html, scripting, javascript, jquery database that was developed by DevNerdz. Any submitted defect also must be related to contracted project scope. The warranty provides assurance that the software will meet the functional specifications. This warranty covers for any bugs (programming errors) reported to DevNerdz after go-live deployment. Any bugs reported within this time period will be fixed at no additional charge to the client. The period begins on the date the Client’s software is available to be published to the live environment. Priority maintenance and support agreements are separately available to client to ensure rapid response and level A support for all submitted requests, if applicable.
Limitations
DevNerdz does not warranty any issue caused due to server limitations or changes is not covered in the warranty. Any bugs related to 3rd party servers, operating systems 3rd party database integration, web browsers, 3rd party software (including open source cms and frameworks), 3rd party plug-ins are not cover under the warranty. If DevNerdz code, including any file, html, script, text or database is modified or new code/html/text is added, by Client or 3rd party, without prior written permission of DevNerdz, the warranty will be deemed null and void. The warranty is also nulled if any backup restore or rebuild of application is needed and done without express written consent of DevNerdz. This warranty does not include fixes for issues related to new browser versions that were implemented after project start or older browser versions that are no longer supported by the manufacturer. DevNerdz is not responsible for ensuring all requested functionality by client is compatible with all supported browser versions and additional charges may apply to modify or resolve potential browser issues.
Exclusions
The right to warranty is forfeit if the web application, mobile app or custom software source code is accessed or modified by any third party company for any reason. This includes any changes that are directly make to any project file including but not limited to .html, .htm, .js, .php, .aspx, ,tpl, .sql, ,css, .xml, .txt, .jpg, or .png. The warranty will not be honored if any of the client payments are over-due or any monies have been charged back or rescinded.

DevNerdz is a web application and software development business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from DevNerdz any notices, agreements, disclosures, or other communications (Notices). Client agrees that DevNerdz may send electronic Notices in either of the following ways 1) To the email address provided to DevNerdz at the time of sale or 2) to the new email address account Client set up through DevNerdz. Client agrees to check the designated email addresses regularly for Notices. Notice from DevNerdz is effective when sent by DevNerdz, regardless of whether the Notice is read or received by Client.

With the help and input from the Client, DevNerdz will develop according to the Weekly Meeting agreement on scope. Before work may begin on a project, the Client must accept these Terms of Service.

DevNerdz will not be held liable from any of the following, but not limited to, accuracy of information, scope changes, and/or change of instructions derived from the Weekly Meeting.

DevNerdz provides Software Development as a Service, and does not have a completition timeline. The work is a continuous partnership with scope of work defined by the Client during the Weekly Meeting.

1. Pricing: Unless the parties agree otherwise in a separately executed written agreement for a Paying Plan, all fees including taxes for the Service ("Fees") will be initially based on the pricing published at the Website as of the Subscription Date for the Initial Period. In order to maintain the quality of the Service, pricing may automatically increase by the greater of 3% or CPI to adjust for inflation, which can increase the cost of improving and maintaining the Service. All or certain of the Fees may be calculated on the basis of the number of users in your organization, number of synchronized repositories, number of executed workflows and automations, and duration of data retention.
2. Authorization for payment: You agree to give DevNerdz permission to charge you using that payment method for any services used during the Service Period. As indicated in a Subscription, DevNerdz may bill: in advance; at the time of purchase; shortly after purchase; or on a recurring time- or usage-based basis.
3. Responsibility for payment: You agree that you are authorized to use the payment method you entered when creating a billing account. You must keep all information in your billing account current. You can access and modify your billing account information through the Website and may change your payment method at any time. If you notify DevNerdz to stop using your previously designated payment method and fail to designate an alternative, DevNerdz may immediately suspend use and access to the Service. Any notice from you changing your billing account will not affect charges DevNerdz submits to your billing account before DevNerdz reasonably could act on your request.
4. Billing schedule; no refunds: Payments for all accounts registered to pay via credit card are due the date the invoice is posted on your account. Payments for all accounts registered to pay via check, wire transfer, or Automated Clearing House (ACH) are due within 30 days of the invoice date unless otherwise agreed-to by the parties in writing. If any payment is not made when due, DevNerdz may immediately suspend use and access to the Service. All prepayments, if any, for the Service (monthly, yearly, or otherwise) will be deemed fully earned upon payment and are non-refundable.
5. Missed payments: Any amount not paid when due will bear interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is less, computed and compounded daily from the date due until the date paid. Further, in the event of any action by DevNerdz to collect any amount not paid when due, you will pay or reimburse DevNerdz's costs of collection (including, without limitation, any attorneys' fees and court costs).
6. Pricing changes: Except for automatic increases to adjust for inflation pursuant to Section 6.1, DevNerdz will notify you in advance, either through the Service or by email, if DevNerdz changes Fees that would apply to you in a Renewal Period. If you do not agree to these changes, you must give notice of your intent to not renew the Agreement for such Renewal Period and stop using the Service on or before the effective date of termination. If you fail to give notice of non-renewal, your payment information on file will be charged according to the new Fees thereafter.
7. Cancellation: If you terminate this Agreement early or if it's terminated early by DevNerdz, you will not be obligated to pay the Fees following the effective date of termination. In all other cases, and regardless of whether you and your Authorized Users access or use the Service at the levels reflected in the Subscription or otherwise, you are responsible for paying all Fees through expiration of the Service Period.

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

The laws of the State of California govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the Orange County, California courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.