Effective Date: 20 June 2019
Company: PRODEVCODER-SARL
Website: https://www.prodevcoder.com
Email: support@prodevcoder.com
Address: 12 Boulevard Djily Mbaye, Le Plateau, Dakar, Senegal / Saly, Mbour, Senegal
1. Introduction
Welcome to Prodevcoder. These Terms of Service govern your access to and use of our website, digital services, software products, design services, development services, consulting services, maintenance services, and any other services provided by PRODEVCODER-SARL.
By accessing our website, requesting a quote, purchasing a service, subscribing to a product, or working with Prodevcoder, you agree to be bound by these Terms of Service. If you do not agree with these terms, you should not use our services.
2. About Prodevcoder
Prodevcoder is a digital agency and software company providing tailored digital solutions for businesses, entrepreneurs, and organizations. Our services may include, but are not limited to:
- Website design and development
- Web application development
- Mobile application development
- eCommerce development
- WordPress, Joomla, Drupal, and CMS development
- UI/UX design
- Branding and graphic design
- SEO and digital marketing
- Software-as-a-Service products
- Digital consulting
- Website maintenance and technical support
- Application integrations and automation
Some services are delivered as custom projects, while others may be provided as subscription-based software or recurring digital services.
3. Eligibility
By using our services, you confirm that you are legally able to enter into a binding agreement. If you use our services on behalf of a company, organization, or other legal entity, you confirm that you have the authority to accept these Terms on behalf of that entity.
4. Quotes, Proposals, and Project Scope
Any quote, proposal, invoice, or statement of work provided by Prodevcoder is based on the information available at the time it is prepared.
A project scope may include deliverables, timelines, payment terms, milestones, revisions, maintenance terms, or specific technical requirements. Any work outside the agreed scope may require a separate quotation, additional fees, or a revised timeline.
Prodevcoder is not responsible for delays caused by incomplete information, late content delivery, third-party service issues, payment delays, or changes requested by the client after the project has started.
5. Client Responsibilities
The client agrees to provide all required information, content, access credentials, approvals, media files, brand assets, legal documents, and feedback necessary for the completion of the project or service.
The client is responsible for ensuring that all materials provided to Prodevcoder, including text, images, videos, logos, trademarks, product data, and third-party assets, are legally owned by the client or properly licensed.
The client is also responsible for reviewing and approving deliverables before publication, launch, or final delivery.
6. Payments and Billing
Payments must be made according to the terms stated in the invoice, proposal, checkout page, or subscription plan.
For custom projects, Prodevcoder may require a deposit or milestone payments before work begins or continues. For subscription services or SaaS products, billing may occur monthly, annually, or according to the selected plan.
Failure to make payment on time may result in suspension of work, suspension of access, late fees, service interruption, or termination of the service.
All prices are listed in the currency shown at the time of purchase or invoice. Taxes, payment processing fees, or third-party charges may apply where required.
7. Subscriptions and Recurring Services
Some Prodevcoder services or software products may be offered on a recurring subscription basis.
By subscribing to a recurring service, you authorize Prodevcoder or its payment provider to charge your selected payment method according to the billing cycle shown at checkout or on your invoice.
You may cancel a subscription according to the cancellation process provided in your account, invoice, or service agreement. Unless otherwise stated, cancellation stops future billing but does not automatically refund amounts already paid.
8. Refunds and Cancellations
Refunds are governed by our Refund Policy, available on our website.
Due to the nature of digital services, custom development, design work, downloadable products, consulting, maintenance, and software services, payments may be non-refundable once work has started, access has been granted, files have been delivered, or services have been consumed.
For custom projects, deposits and milestone payments are generally non-refundable. If a project is cancelled, postponed, or abandoned by the client, Prodevcoder may retain amounts already paid and may charge for completed work not yet paid.
For subscription services, cancellation prevents future billing but does not automatically entitle the client to a refund for the current billing period unless required by applicable law or expressly stated in the service agreement.
9. Delivery of Services
Delivery times depend on project complexity, client responsiveness, availability of required content, third-party services, and the agreed scope of work.
Prodevcoder will make reasonable efforts to meet agreed timelines, but delivery dates are estimates unless expressly stated as binding in a signed agreement.
Digital products, software access, design files, code, reports, or project deliverables may be delivered by email, online account, shared drive, deployment platform, project management tool, or another digital method.
10. Revisions and Change Requests
Revisions may be included only when expressly stated in the proposal, invoice, or project agreement.
A revision means a reasonable modification to an existing deliverable based on the original agreed scope. A request for a new feature, new design direction, new page, new integration, new module, new content structure, or major change may be treated as additional work and billed separately.
11. Third-Party Services
Our services may depend on third-party platforms, tools, APIs, hosting providers, payment processors, domain registrars, email providers, analytics tools, plugins, themes, or software libraries.
Prodevcoder is not responsible for downtime, pricing changes, policy changes, security incidents, service limitations, account suspension, API changes, or failures caused by third-party providers.
The client is responsible for paying any third-party costs unless otherwise agreed in writing.
12. Hosting, Domains, and Maintenance
Where Prodevcoder provides hosting, domain configuration, or website maintenance, the scope of those services will be defined in the relevant agreement or invoice.
Maintenance services may include updates, backups, minor changes, monitoring, bug fixes, or support depending on the selected plan. Unused maintenance hours, support time, or service credits do not roll over unless expressly agreed.
Prodevcoder may suspend hosting, maintenance, or technical support if invoices are unpaid or if the client violates these Terms.
13. Software Products and SaaS Services
Prodevcoder may provide access to software platforms, SaaS products, dashboards, APIs, or web applications.
Subject to payment and compliance with these Terms, Prodevcoder grants you a limited, non-exclusive, non-transferable, revocable right to access and use the applicable software for your internal business or personal purposes.
You may not copy, resell, sublicense, reverse engineer, misuse, disrupt, scrape, overload, or attempt to gain unauthorized access to any Prodevcoder software, system, API, or infrastructure.
14. User Accounts
Some services may require you to create an account. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account.
You must notify Prodevcoder immediately if you suspect unauthorized access to your account.
Prodevcoder may suspend or terminate accounts that violate these Terms, misuse the service, create security risks, or engage in fraudulent, abusive, unlawful, or harmful activity.
15. Acceptable Use
You agree not to use our website, software, or services for any unlawful, harmful, abusive, fraudulent, misleading, or unauthorized purpose.
You must not use our services to host, transmit, promote, or distribute content that is illegal, defamatory, discriminatory, infringing, harmful, malicious, deceptive, or otherwise objectionable.
You must not attempt to interfere with the security, availability, or integrity of our systems or any third-party systems connected to our services.
16. Intellectual Property
Unless otherwise agreed in writing, Prodevcoder retains ownership of its pre-existing intellectual property, code libraries, frameworks, templates, internal tools, processes, know-how, documentation, and reusable components.
Upon full payment, the client receives the rights to use the final deliverables created specifically for the client, subject to any limitations stated in the proposal, invoice, license, or third-party terms.
Prodevcoder may display completed work in its portfolio, website, case studies, marketing materials, and presentations unless the client has requested confidentiality in writing and Prodevcoder has accepted that request.
17. Client Content
The client retains ownership of content, materials, data, logos, trademarks, images, text, media, and other assets provided to Prodevcoder.
The client grants Prodevcoder the right to use such materials solely for the purpose of providing the requested services.
The client confirms that all provided content is lawful and does not infringe the rights of any third party.
18. Confidentiality
Each party agrees to protect confidential information received from the other party and to use it only for the purpose of performing the services.
Confidential information may include business plans, login credentials, technical information, pricing, customer data, financial information, project documents, and non-public communications.
This obligation does not apply to information that is publicly available, already known, independently developed, or required to be disclosed by law.
19. Privacy
Your use of our website and services may involve the collection and processing of personal data. Our handling of personal data is described in our Privacy Policy, available on our website.
By using our services, you agree that Prodevcoder may process personal data as necessary to provide services, communicate with you, process payments, maintain security, improve our services, and comply with legal obligations.
20. Security
Prodevcoder takes reasonable technical and organizational measures to protect its systems and client data. However, no digital system, website, software, hosting platform, or internet transmission can be guaranteed to be completely secure.
The client is responsible for using strong passwords, protecting account access, and following reasonable security practices.
21. SEO, Marketing, and Performance Results
For SEO, advertising, marketing, social media, and growth-related services, Prodevcoder does not guarantee specific rankings, sales, traffic volume, conversion rates, revenue, approval by platforms, or business results.
Search engines, advertising platforms, social networks, marketplaces, and other third-party platforms may change their algorithms, policies, pricing, or rules at any time.
22. Warranty Disclaimer
Services and digital products are provided on an “as is” and “as available” basis unless otherwise expressly agreed in writing.
Prodevcoder makes no guarantee that any website, software, campaign, service, integration, or digital product will be uninterrupted, error-free, fully compatible with all third-party systems, or suitable for every specific business objective.
To the maximum extent permitted by law, Prodevcoder disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
23. Limitation of Liability
To the maximum extent permitted by law, Prodevcoder shall not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, loss of revenue, loss of data, business interruption, reputational harm, or loss of opportunity.
Prodevcoder’s total liability for any claim related to a service, product, project, or agreement shall not exceed the amount paid by the client to Prodevcoder for the specific service giving rise to the claim during the three months preceding the claim.
24. Indemnification
The client agrees to indemnify and hold harmless Prodevcoder, its directors, employees, contractors, partners, and affiliates from any claims, damages, liabilities, costs, or expenses arising from:
- Client-provided content or materials
- Misuse of our services
- Violation of these Terms
- Violation of applicable laws
- Infringement of third-party rights
- Unauthorized use of third-party tools, plugins, images, software, or data
25. Suspension and Termination
Prodevcoder may suspend or terminate access to services if the client fails to pay, violates these Terms, misuses the service, creates legal or security risks, or engages in fraudulent or abusive conduct.
The client may stop using our services at any time, subject to payment obligations, cancellation terms, and any active agreement.
Termination does not affect rights or obligations that accrued before termination, including payment obligations, confidentiality, intellectual property rights, limitation of liability, and indemnification.
26. Force Majeure
Prodevcoder will not be liable for delays or failure to perform caused by events beyond its reasonable control, including natural disasters, internet outages, power failures, cyberattacks, war, civil unrest, government actions, strikes, platform outages, payment provider failures, or third-party service interruptions.
27. Changes to These Terms
Prodevcoder may update these Terms from time to time. The updated version will be posted on our website with a revised effective date.
Continued use of our website or services after changes are posted means you accept the updated Terms.
28. Governing Law
These Terms are governed by the laws of Senegal, unless another jurisdiction is required by applicable consumer protection law or agreed in writing between the parties.
Any dispute will first be handled through good-faith discussions. If no resolution is reached, the dispute may be submitted to the competent courts of Senegal.
29. Contact
For questions about these Terms of Service, please contact:
PRODEVCODER-SARL
12 Boulevard Djily Mbaye, Le Plateau, Dakar, Senegal
Saly, Mbour, Senegal
Email: support@prodevcoder.com
Phone: +221 77 240 00 25
Website: https://www.prodevcoder.com