Terms of Service

Code2Perform provides digital engineering and design services across six core practices:

• Web & Digital Development
• UI/UX & Product Design
• Mobile App Development
• SaaS & Custom Platforms
• E-Commerce Solutions
• AI & Business Automation

Specific deliverables, milestones, schedules, and fee arrangements for client engagements are documented in separate written proposals, Statements of Work ("SOW"), or service agreements mutually approved by both parties. In the event of any direct conflict between these general Terms and an individual SOW, the specific terms of the SOW will take precedence for that project.

Successful digital engineering relies on active collaboration. To ensure projects progress according to schedule, clients agree to:

• Designate a primary contact authorized to make decisions and approvals
• Provide necessary content, brand assets, credentials, and technical access in a timely manner
• Provide constructive, consolidated feedback on deliverables within the agreed review windows
• Ensure that all materials provided to us do not infringe upon any third-party intellectual property or rights

Delays resulting from late approvals, missing assets, or unavailable client personnel may require adjustments to project delivery schedules.

Every project is scoped with defined boundaries to maintain quality and budget discipline. Work included in the scope is explicitly stated in the relevant project agreement.

If you request features, architectural changes, or revisions that fall outside the defined scope, we will evaluate the request and provide a clear written estimate detailing any additional costs or schedule impacts before performing the additional work. We do not begin out-of-scope work or bill surprise fees without prior written approval.

Payment terms, billing schedules, and project milestone structures are defined in each project agreement.

• Fixed-scope projects generally require an initial deposit prior to work commencement, with subsequent payments linked to agreed milestone deliverables.
• Time-and-materials or retainer engagements are invoiced according to agreed periodic billing cycles.
• Invoices are due upon receipt or within the payment window specified in the project agreement ([e.g. Net 15 or Net 30 days]).

In the event of overdue invoices, we reserve the right to pause active development work until payments are brought up to date, with written notice provided.

We believe in complete ownership for our clients:

Modern web and software projects often rely on third-party services such as hosting providers, payment processors (e.g. Stripe), email notification tools, and domain registrars.

Whenever possible, third-party accounts are established directly in the client's name so that you retain direct ownership and control. We are not responsible for interruptions, fee changes, or policy alterations made by third-party platform operators.

Both parties agree to treat as confidential any proprietary, technical, financial, or business information disclosed during discussions or throughout the project.

Neither party will disclose confidential information to any third party without prior written consent, except to employees, contractors, or legal advisors who need to know such information and are bound by equivalent confidentiality obligations.

To the maximum extent permitted by applicable law, neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, including lost profits or business interruption, arising out of or in connection with our services.

Except in cases of gross negligence, willful misconduct, or breach of confidentiality, our total aggregate liability arising under any project agreement will not exceed the total fees paid by the client to Code2Perform under the specific Statement of Work giving rise to the claim.

Either party may terminate an active service agreement under the terms established in the Statement of Work, or by providing written notice if the other party commits a material breach of these Terms and fails to cure that breach within [30 days] of written notice.

Upon termination, the client agrees to pay Code2Perform for all completed milestones and approved work performed up to the effective termination date. Upon receipt of payment, we will transfer all completed deliverables and source code in our possession.

We may revise these Terms of Service periodically to reflect changes in our practices or legal requirements. When revisions occur, we will update the "Last Updated" date at the top of this page.

Continued use of our website or services following any updates signifies your acceptance of the revised Terms.

For inquiries concerning these Terms of Service, notices, or project agreements, please contact us: