Terms and Conditions

Welcome to Software Orca. These Terms of Service (“Terms”) govern your use of our website www.softwareorca.com (“Site”) and all services provided by Software Orca (“we,” “our,” “us”). By accessing or using our Site or services, you agree to be bound by these Terms. If you do not agree, please do not use our Site or services.

Services

Software Orca provides software development, mobile app development, web design, UI/UX, and related digital services. All projects are handled according to mutually agreed proposals, quotes, or contracts between the client and Software Orca.

Project Scope and Client Responsibilities

• Clients are responsible for providing accurate requirements, content, and feedback in a timely manner.
  
• Any additional work or revisions beyond the agreed scope may incur extra costs.
  
• Delays in providing feedback, approvals, or materials may result in project timeline extensions or additional charges.
  
• Software Orca reserves the right to place a project “on hold” if there is no client response for more than 10 business days.
  

Payment Terms

• Unless otherwise stated in a signed contract, clients must pay 50% upfront and the remaining balance upon project completion before final delivery.
  
• Payments are non-refundable once work has commenced, except where explicitly stated.
  
• Invoices are due upon receipt, and late payments may delay delivery or incur service suspension.
  
• All prices are quoted in U.S. Dollars unless specified otherwise.
  

Revisions and Approvals

• Each project includes a predefined number of revision rounds as agreed in the proposal.
  
• Once final approval is given by the client, additional changes will be treated as new work and billed separately.
  
• Failure to respond or approve deliverables within 10 business days of delivery may be deemed as acceptance of the work.
  

Refund Policy

• Software Orca offers customized, service-based work; therefore, refunds are generally not available once development or design has started.
  
• In cases of cancellation before work begins, a partial refund may be considered after deducting administrative or planning costs.
  
• No refunds are issued for completed or delivered work.
  

Intellectual Property Rights

• Upon full payment, ownership of final deliverables (such as source code, design assets, and documentation) transfers to the client, excluding any third-party components, frameworks, or open-source libraries used.
  
• Software Orca retains the right to display completed work in its portfolio, case studies, or marketing materials unless otherwise agreed in writing.
  
• All pre-existing code, tools, and templates remain the intellectual property of Software Orca.
  

Confidentiality

Both parties agree to maintain the confidentiality of proprietary or sensitive information exchanged during the course of the project. This obligation remains in effect even after project completion.

Third-Party Tools and Integrations

Software Orca may use third-party APIs, plugins, or libraries to deliver certain functionalities. We are not responsible for any disruptions, policy changes, or limitations caused by those third-party services.

Limitation of Liability

• Software Orca shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of revenue, profits, or data, arising from the use or inability to use our services.
  
• Our total liability, for any reason and under any circumstance, shall not exceed the total amount paid by the client for the specific project giving rise to the claim.
  
• We do not guarantee that delivered software or websites will be error-free or continuously available, though we make reasonable efforts to ensure quality.
  

Warranty and Support

• Minor bugs or technical issues reported within 30 days after project delivery will be fixed free of charge.
  
• Ongoing maintenance, feature upgrades, or extended support are available under separate contracts.
  
• Software Orca is not responsible for issues arising from unauthorized modifications or external server configurations made by the client or third parties.
  

Termination

Either party may terminate the project agreement by providing written notice. If the client terminates the agreement, the client remains liable for payment of all completed work and committed resources up to the termination date.

Portfolio Use

Software Orca may display completed projects, screenshots, or client logos in its portfolio, website, or social channels as examples of past work, unless the client specifically requests in writing not to do so.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to its conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts located in Dallas, Texas.

Modifications to Terms

We reserve the right to modify these Terms at any time without prior notice. Updates will be posted on this page with a new “Effective Date.” Continued use of our services after such updates constitutes acceptance of the revised Terms.

Contact Information

If you have any questions about these Terms of Service, please contact us:

📧 hello@softwareorca.com
🌐 www.softwareorca.com