Client Terms

These Client Terms & Conditions govern the provision of services by Born Studio, a trading name and brand of Born Solutions, a company duly registered in Brazil (“we”, “us”, “our”), to the client (“you”, “your”).

By accepting a proposal, quotation or written agreement from Born Studio, you agree to be bound by these Terms.

Services

We provide digital services including, but not limited to, website design, development, e-commerce implementation, SEO support, hosting coordination and ongoing maintenance. The specific scope of services will be defined in the relevant proposal or written agreement.

Any services not expressly included in the agreed scope shall be considered out of scope and may be subject to additional fees.

Proposals and Acceptance

All proposals are valid for the period stated therein. A binding agreement is formed when you confirm acceptance in writing, electronically or by payment of any agreed deposit.

By accepting a proposal, you confirm that you have read and agree to these Client Terms & Conditions.

Fees and Payment

Fees are as set out in the agreed proposal. Unless otherwise specified, a deposit may be required before work commences.

Invoices must be paid within the timeframe stated on the invoice. Late payments may result in suspension of services.

All fees are exclusive of applicable taxes unless expressly stated otherwise. As Born Studio operates under a Brazilian legal entity, cross-border taxation and VAT treatment may be subject to reverse charge mechanisms or other applicable regulations. Clients are responsible for ensuring compliance with their local tax obligations.

Delays in payment may affect project timelines.

Client Responsibilities

You agree to provide accurate information, timely feedback and all necessary materials required to complete the project.

Delays in providing content, approvals or access may result in project delays. We shall not be liable for delays caused by incomplete or late information provided by you.

You warrant that any content, materials or data supplied by you do not infringe the rights of any third party.

Intellectual Property

Unless otherwise agreed in writing, full ownership of the final website design and custom-developed deliverables will transfer to you upon full payment of all outstanding fees.

We retain ownership of any pre-existing intellectual property, frameworks, code libraries, methodologies or tools used in the course of delivering services.

We reserve the right to display completed work in our portfolio and marketing materials unless otherwise agreed in writing.

Third-Party Services

Projects may involve third-party services, including hosting providers, plugins, payment processors or other software tools. You acknowledge that such services are subject to the terms and conditions of their respective providers.

We are not liable for disruptions, changes, pricing adjustments or discontinuation of third-party services.

Hosting and Maintenance

Where we assist with hosting coordination or maintenance, such services are subject to separate agreement terms. Unless expressly stated, hosting services are provided by third-party providers and are not owned or controlled by us.

We will take reasonable care in configuring hosting environments but cannot guarantee uninterrupted service.

Warranties

We warrant that services will be performed with reasonable skill and care in accordance with generally accepted industry standards.

Except as expressly stated, we make no guarantees regarding specific commercial outcomes, search engine rankings, traffic increases or revenue performance.

Limitation of Liability

To the fullest extent permitted by applicable law, our total liability arising out of or in connection with any agreement shall not exceed the total fees paid for the relevant project.

We shall not be liable for indirect or consequential losses, including loss of profit, business interruption, reputational damage or loss of data.

Nothing in these Terms shall exclude liability for death or personal injury caused by negligence, fraud or any liability that cannot be excluded under applicable law.

Data Protection

Where services involve the processing of personal data subject to the General Data Protection Regulation (EU) 2016/679, we shall act as a data processor where applicable and comply with relevant data protection legislation.

Our Data Processing Agreement forms part of these Terms where personal data processing is involved.

You remain the data controller for any personal data collected through your website or digital platform unless otherwise agreed.

Confidentiality

Both parties agree to treat confidential information disclosed during the course of a project as confidential and not to disclose it to third parties without prior written consent, except where required by law.

Termination

Either party may terminate a project in writing. In the event of termination, you shall pay for all work completed up to the date of termination.

Deposits are generally non-refundable unless otherwise agreed in writing.

Force Majeure

We shall not be liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to natural disasters, internet outages, governmental actions or other unforeseen circumstances.

Governing Law

Any agreement formed under these Terms shall be governed by the law specified in the relevant proposal or service agreement. In the absence of such specification, the governing law shall be that of the jurisdiction of Born Solutions.

Dispute Resolution

The parties agree to attempt to resolve disputes amicably before initiating formal legal proceedings.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement

These Client Terms & Conditions, together with the accepted proposal and any applicable Data Processing Agreement, constitute the entire agreement between the parties and supersede any prior understandings or representations.

Contact

For contractual enquiries, please contact [email protected].