Terms and Conditions

1. Introduction

Welcome to Phiware Network Technology. By accessing or using our website, services, or products, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with these Terms, please refrain from using our services.

2. Definitions

• “We,” “Us,” “Our,” or “Phiware” refers to Phiware Network Technology.
• “Client,” “You,” or “Your” refers to the individual or company engaging with Phiware for services.
• “Services” refer to any software development, hardware design, graphic design, SEO & digital marketing, or other offerings provided by Phiware.
• “Agreement” refers to the contract formed between the Client and Phiware upon accepting these Terms and Conditions and/or engaging with our services.

3. Scope of Services

Phiware provides a wide range of services, including but not limited to:

Software Services:

• Web Development
• Mobile and Desktop App Development
• APIs Development
• Full-cycle Software Development
• Tech Consulting
• SEO and Digital Marketing Services

Hardware Services:

• Custom Hardware Design
• Electronic Products Design and Development
• Manufacturing and Production Management
• Electronic Assembly and Packing

Graphic Design Services:

• Custom Logo Design
• Branding and Identity
• Web & Digital Design

4. Service Delivery

1. Project Initiation: Before starting any project, a detailed proposal will be discussed and agreed upon, including project scope, costs, deliverables, and deadlines.

2. Timeline and Deadlines: All projects will have estimated timelines based on mutual agreement between Phiware and the Client. Delays caused by external factors (e.g., client input delays, force majeure events) will be communicated, and adjusted timelines will be agreed upon.

3. Collaboration: The Client is expected to provide all necessary information, resources, and approvals required to complete the services. Failure to do so may result in delays or additional costs, for which Phiware will not be held responsible.

4. Revisions: Services such as graphic design, software development, and SEO services will have a set number of revisions agreed upon at the start of the project. Additional revisions may incur extra costs.

5. Payment Terms

1. Payment Structure: Payment for services is structured based on the project type:

   • Software and Hardware Services: Usually billed on a milestone basis, with upfront payments required before each phase.
   • Graphic Design Services: Billed upfront or after each agreed milestone.
   • SEO & Digital Marketing Services: Typically billed on a monthly retainer basis.

2. Payment Methods: Payments can be made via bank transfer, credit card, or other methods agreed upon in the contract.

3. Late Payments: Late payments may incur additional charges, including interest or penalties. Phiware reserves the right to suspend or terminate services until payment is received.

4. Taxes: All fees are exclusive of applicable taxes, unless otherwise stated. Clients are responsible for any taxes applicable to the services, including VAT.

6. Refund Policy

1. Custom Software Development & Hardware Services: Due to the custom nature of these services, no refunds will be offered once work has commenced, except in cases of non-performance, as specified in the agreed contract.

2. SEO & Digital Marketing Services: If the agreed performance metrics (such as keyword rankings or traffic increases) are not met within 6 months, Phiware offers the following:

   • Partial Refund: Up to 30% of the total paid amount.
   • Extended Services: Continuation of services for an additional period at no extra cost.

   Refunds or extended services are contingent upon the Client’s full cooperation and adherence to the agreed strategies and recommendations.

3. Graphic Design Services: Refunds for graphic design projects will not be available once the Client has approved the design brief and work has commenced.

4. Force Majeure: Phiware will not be liable for delays or non-performance caused by external factors beyond its control, such as natural disasters, strikes, or technical failures.

7. Intellectual Property Rights

1. Ownership:

   • For Software and Hardware Services, ownership of the developed product, including source code and designs, will transfer to the Client once the final payment is made, unless otherwise agreed in the contract.
   • For Graphic Design Services, the final approved designs become the property of the Client once full payment is received.
   • For SEO and Digital Marketing Services, the content (blogs, articles, graphics) created under contract becomes the property of the Client once the final payment is made.

2. License: Phiware retains the right to showcase completed projects in its portfolio, unless the Client explicitly requests otherwise in writing.

3. Third-Party Tools: Any third-party tools, libraries, or services used in software development or digital marketing may remain the intellectual property of the third-party provider. The Client will need to adhere to the licensing agreements of these third-party providers.

8. Confidentiality

1. Non-Disclosure: Both parties agree to keep all proprietary and confidential information obtained during the course of the project confidential. This includes but is not limited to business processes, client information, and trade secrets.

2. NDA (Non-Disclosure Agreement): If required, Phiware will enter into a separate NDA with the Client to ensure the protection of sensitive information.

9. Liability and Warranties

1. Performance Warranty: Phiware guarantees that the services provided will meet the agreed-upon specifications. If the product or service does not perform as specified, Phiware will make the necessary corrections within a reasonable time frame.

2. Limitation of Liability: Phiware’s liability for any claim relating to the services will be limited to the amount paid by the Client for the service in question. Phiware will not be liable for any indirect, incidental, or consequential damages.

3. Third-Party Claims: Phiware will not be responsible for any third-party claims against the Client related to the use of the delivered product or service unless expressly stated otherwise in the contract.

10. Termination

1. Termination by Client: The Client may terminate the project at any time by providing written notice. The Client will be liable for payment for services rendered up to the date of termination.

2. Termination by Phiware: Phiware reserves the right to terminate services if the Client breaches these Terms and Conditions or fails to make payments.

3. Post-Termination Obligations: Upon termination, all intellectual property developed during the project will be transferred as per the agreed terms, provided all outstanding payments have been made.

11. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of The People’s Republic of China, without regard to its conflict of law principles. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts of Jinhua, China.

12. Amendments

Phiware reserves the right to amend these Terms and Conditions at any time. Any changes will be posted on the website, and it is the Client’s responsibility to review these Terms regularly.

13. Contact Information

For any inquiries regarding these Terms and Conditions, please contact:

Phiware Network Technology
Email: [email protected]
Phone: +86 18067608179
Website: Phiware – Home