Terms of service

These terms cover development work and hosting from Five Devs, LLC (“Five Devs”) for you, the client. They apply to every quote, invoice, block, retainer, project and hosting plan. Paying an invoice or a checkout link means you accept them.

1. The agreement

These terms are the whole agreement unless we agree to something different in writing. Email counts as writing. If a signed agreement or a written quote says something different from these terms, the signed agreement or quote wins for that work.

2. Services and rates

Five Devs does the work described in your quote, invoice or purchase. Work that isn’t covered by a block, a retainer or a fixed quote is billed at $200 per hour.

Estimates are estimates. If the scope changes, Five Devs will tell you what the change costs before doing the extra work.

3. Blocks and retainers

Blocks are paid up front. Hours in a block must be used within six months of purchase. Unused hours expire after that and don’t roll over.

Retainers are billed monthly in advance and reserve a set number of hours each month. Unused retainer hours don’t roll over to the next month. You can pause or cancel a retainer with 30 days’ notice by email.

4. Hosting

Hosting is billed yearly in advance. It includes the server, TLS certificates, backups and transactional email (password resets, receipts, notifications) for your site or app. Hosting renews each year unless you cancel at least 30 days before the renewal date.

Five Devs keeps your site running and backed up with reasonable care, but doesn’t guarantee uninterrupted uptime. Five Devs may move your site between servers or providers as long as the service you get stays the same or better.

5. Payment

Invoices are due within 15 days of the invoice date. Late balances accrue simple interest of 1.5% per month on the unpaid invoice amount, or the highest rate the law allows if that is lower. Interest is never charged on interest.

If an invoice is more than 30 days past due, Five Devs may pause work and hosting after giving you notice by email. You agree to pay reasonable costs of collecting overdue amounts.

6. Refunds and cancellation

Money-back guarantee.If you are a new client and your first retainer month or first block isn’t a fit, tell Five Devs within 30 days of purchase and you get back the amount for any hours not yet used.

Outside that guarantee, all payments are non-refundable, and there are no prorated refunds. When you cancel a retainer or hosting plan, the service continues until the end of the period you already paid for.

7. When you leave

If you ask within 30 days after your service ends, Five Devs will give you a full export of your code, database and uploaded files, and help move your domains and DNS to your new provider. Work beyond the export and a reasonable handover is billed at the hourly rate. After those 30 days, Five Devs may delete your data.

8. Who owns the work

Once you have paid in full, you own the deliverables Five Devs made for you: code, documentation and configuration.

Five Devs keeps ownership of its pre-existing code, tools and libraries that it brings to the project. You get a permanent, royalty-free license to use, change and keep using them as part of your project. Open-source components stay under their own licenses.

Five Devs may list you as a client and describe the work in general terms, unless you ask it not to.

9. Confidentiality

Both sides keep the other’s non-public information confidential and use it only for the work. That includes credentials, business data, customer data and pricing. This doesn’t cover information that is already public or that the law requires someone to disclose.

10. Your responsibilities

You give Five Devs the access and information the work needs, and you keep it accurate. You are responsible for the content of your site and for following the laws that apply to your business.

11. Bug fixes and warranty

Bugs in code Five Devs ships are fixed at no charge for 30 days after handoff. Beyond that, work and hosting are provided as is, without other warranties.

12. Limitation of liability

Five Devs isn’t liable for indirect, incidental or consequential damages, including lost profits, lost sales or lost data. Five Devs’s total liability for any claim is limited to the amount you paid Five Devs in the 12 months before the claim.

13. Termination

You can end work at any time by email. You pay for work done and costs incurred up to that point. Five Devs can end the agreement if invoices go unpaid or these terms aren’t followed, after notice by email. Sections 5 through 9 and 12 continue to apply after the agreement ends.

14. Assignment

You can’t transfer this agreement to someone else without Five Devs’s written approval. Five Devs may transfer it as part of a sale or reorganization of its business.

15. Governing law

Nevada law governs these terms. Any dispute goes to the state or federal courts in Clark County, Nevada.

16. Notices and electronic contracting

Notices are sent by email to the address on file for you, and to chris@fivedevs.com for Five Devs. Email, electronic signatures and online payment are all valid ways to agree to work and to these terms.

17. Changes to these terms

Five Devs may update these terms. Changes apply to new quotes, invoices and renewals after the date at the top of this page, not to work you have already paid for.

Contact

Five Devs, LLC
Henderson, Nevada
chris@fivedevs.com