terms and conditions
Last updated 2024-01-01
Introduction
These Terms and Conditions (“Terms”) govern your use of the Unity Developers website and any services provided by Unity Developers (“we”, “our”, “us”). By accessing our website or engaging our services, you agree to be bound by these Terms.
Please read these Terms carefully before using our website or services. If you do not agree to these Terms, you should not use our website or engage our services.
Definitions
- “Website” refers to the Unity Developers website and all its pages and content.
- “Services” refers to the software development, design, consulting, and related services provided by Unity Developers.
- “Client” refers to any individual or organisation that engages Unity Developers for services.
- “User” refers to any individual who accesses or uses the website.
Use of the Website
Permitted Use
You may use our website for lawful purposes only. You must not use our website:
- In any way that breaches any applicable local, national, or international law or regulation
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose
- To transmit any unsolicited or unauthorised advertising or promotional material
- To knowingly introduce viruses, trojans, worms, or other material that is malicious or technologically harmful
- To attempt to gain unauthorised access to our website, servers, or databases
Account Security
If you create an account on our website, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
Services
Engagement
All service engagements are subject to a separate written agreement or statement of work between Unity Developers and the Client. These Terms apply in addition to any such agreement.
Delivery
We will use reasonable endeavours to deliver services in accordance with agreed timelines and specifications. However, timelines are estimates and may be subject to change based on project complexity, scope changes, or factors outside our control.
Client Obligations
Clients are expected to:
- Provide timely feedback and approvals as outlined in the project plan
- Supply all required materials, content, and access in a timely manner
- Designate a primary point of contact for project communications
- Comply with the terms of the applicable statement of work or service agreement
Intellectual Property
Our Intellectual Property
All content on our website, including but not limited to text, graphics, logos, images, videos, and software, is the property of Unity Developers or our licensors and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on our website without our prior written consent.
Project Intellectual Property
Ownership of intellectual property created during a service engagement is governed by the applicable statement of work or service agreement. Unless otherwise agreed in writing:
- Client IP — Upon full payment, the Client receives ownership of the custom-developed deliverables as specified in the project agreement.
- Pre-existing IP — Any pre-existing intellectual property, tools, libraries, or frameworks used by Unity Developers remain our property. Where such materials are incorporated into deliverables, the Client receives a perpetual, non-exclusive licence to use them as part of the delivered solution.
- Third-party IP — Any third-party assets, plugins, or licences used in the project are subject to their respective licence terms.
Payment Terms
Fees
Fees for our services are set out in the applicable statement of work or proposal. Unless otherwise stated:
- A deposit is required before work commences
- Remaining fees are invoiced according to the agreed milestone or payment schedule
- All fees are quoted exclusive of VAT unless otherwise stated
Late Payment
Invoices are payable within 30 days of the invoice date unless otherwise agreed. We reserve the right to charge interest on overdue payments at a rate of 4% above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
Limitation of Liability
Exclusion of Warranties
Our website is provided on an “as is” and “as available” basis. We make no warranties, expressed or implied, regarding the website’s availability, accuracy, completeness, or fitness for a particular purpose.
Limitation
To the maximum extent permitted by law:
- Our total liability arising from or in connection with the use of our website shall not exceed one hundred pounds (GBP 100).
- Our total liability arising from or in connection with any service engagement shall not exceed the total fees paid by the Client for the specific project giving rise to the claim.
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunity.
Exceptions
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of a service engagement. This obligation survives the termination of any agreement and remains in effect for a period of two years thereafter.
Termination
Website Access
We reserve the right to suspend or terminate your access to our website at any time, without notice, for any reason, including breach of these Terms.
Service Agreements
Termination of service engagements is governed by the applicable statement of work or service agreement. In the absence of specific terms, either party may terminate with 30 days written notice.
Force Majeure
We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, pandemic, strikes, or failures of third-party services.
Governing Law
These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Changes to These Terms
We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated revision date. Your continued use of our website or services after such changes constitutes acceptance of the revised Terms.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Contact Us
If you have any questions about these Terms, please contact us at:
- Email: legal@unitydevelopers.co.uk
- Address: Unity Developers, London, United Kingdom