Terms of Service
These terms set out the conditions on which NEFLOW (“the Company”) provides website planning, design, development and related services, and the rights and obligations of the Company and the client.
1. Scope of services
The Company provides planning, design, development and deployment of websites and web applications, together with related services. The specific scope, deliverables, schedule and fees of any individual project are set out in a separate quotation or agreement.
Where a quotation or agreement conflicts with these terms, that quotation or agreement prevails.
2. Formation of the contract
A contract is formed when the client agrees in writing (including by email) to the Company's quotation and the agreed initial payment has been made.
3. Payment
Fees and payment timing are set out in the quotation or agreement. Unless agreed otherwise, a portion is payable on commencement and the balance on completion of acceptance.
If payment is delayed the Company may suspend work, and is not responsible for schedule slippage resulting from that suspension.
4. The client's cooperation
The client must supply the materials the work requires - copy, images, logos, account access and so on - by the agreed time. Where materials arrive late, the schedule moves accordingly.
The client is responsible for any infringement of a third party's rights arising from materials the client supplies.
5. Acceptance and defects
The Company delivers the work and the client reviews it within the agreed period. If no comments are raised in that period the work is treated as accepted.
For the agreed warranty period after acceptance, the Company corrects defects in the delivered work at no charge. New or changed functionality outside the agreed scope is subject to a separate agreement.
6. Intellectual property
On payment in full, the rights to use the work produced for the project transfer to the client.
Rights in tools, libraries and common components the Company held before the project, and in third-party open source, remain with the Company or the respective rights holders; the client may use them as part of the delivered work.
The Company may show completed work in its portfolio and promotional materials. It will not do so if the client objects in writing.
7. Third-party services
Costs and terms for third-party services - hosting, domains, paid APIs, fonts, image licences - are the client's to bear and comply with. The Company is not responsible for interruptions to, or policy changes in, third-party services.
8. Confidentiality
Each party keeps confidential the other's business and technical information learned during the project, and continues to do so after the engagement ends.
9. Termination
Either party may terminate if the other materially breaches the contract and fails to remedy it within a reasonable period after being asked to.
Work performed up to termination is settled. Any initial payment is set against work performed, and is not refundable where work already exceeds it.
10. Limitation of liability
Except in cases of intent or gross negligence, the Company's liability is limited to the amount the client has actually paid for the project concerned.
The Company is not liable for loss arising from causes outside its control, including natural disasters, network failures and outages in third-party services.
11. Governing law and jurisdiction
These terms are governed by the laws of the Republic of Korea. Any dispute falls to the court having jurisdiction over the Company's principal place of business.
12. Changes to these terms
The Company may amend these terms, and an amended version applies from the time it is posted on this page. Contracts already formed remain governed by the terms in force when they were formed.
