Terms and Conditions

1. General Terms of Service

By using Build It's website or services, you agree to these Terms and our linked Policies (Privacy, Delivery, Return & Refund). If you're representing a company, you confirm your authority to bind that company.

1.1. Services Offered

We provide custom software development services like CRM, ERP, and HR systems. Specific project details, including scope and pricing, are outlined in your individual **Statement of Work (SOW)** or Project Agreement.

1.2. User Accounts & Client Portal

If you create an account, keep your information accurate and your password confidential. You're responsible for all account activity. We may suspend or terminate accounts for inaccurate information or breaches.

1.3. Client Responsibilities & Cooperation

For successful projects, you agree to provide timely and accurate information, feedback, and access to resources. Ensure any content you provide doesn't infringe on third-party rights.

1.4. Intellectual Property Rights

**Build It retains ownership of our pre-existing tools and methodologies.** You own your provided content. Upon full payment, **you own the specific custom code** developed uniquely for you, as per your SOW.

1.5. Payment Terms

Payment terms are detailed in your SOW. Invoices are due as specified, and late payments may incur charges or lead to service suspension.

1.6. Confidentiality

Both parties agree to keep all non-public information shared during our engagement confidential, even after services end.

1.7. Limitation of Liability

To the maximum extent allowed by law, **Build It is not liable for indirect or consequential damages**. Our total liability for any claim is limited to the fees you paid for the specific service in the 12 months prior to the claim.

1.8. Disclaimer of Warranties

Our services are provided "as is" without implied warranties like merchantability or fitness for a particular purpose. We don't guarantee uninterrupted or error-free service, and **specific software warranties are only as stated in your Project Agreement.**

1.9. Termination of Service

Either party can terminate a Project Agreement as per the SOW. Build It may also terminate your access for breaches or non-payment. Your payment obligations for services rendered survive termination.

1.10. Indemnification

You agree to protect and hold Build It harmless from any claims arising from your use of our services, your breach of these Terms, or your provided materials.

1.11. Governing Law and Jurisdiction

These Terms are governed by the laws of **Bangladesh**. Any disputes will be handled exclusively by the courts in **Dhaka, Bangladesh**.

1.12. Force Majeure

Neither party is liable for delays or failures caused by events beyond their control (e.g., natural disasters, government actions, cyberattacks), except for payment obligations.

1.13. Severability

If any part of these Terms is found unenforceable, the rest remains valid and in effect.

1.14. Entire Agreement

These Terms, your Project Agreement (SOW), and our other Policies form the complete agreement between you and Build It.

1.15. Changes to Terms

We may update these Terms at any time. For significant changes, we'll give at least 30 days' notice prior to any new terms taking effect. Continuing to use our services after changes means you accept the new terms.

2. Privacy Policy

At Build It, we are committed to protecting the privacy of our website visitors and clients. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website buildit.com.bd and engage with our services.

Information We Collect:

Personal Information: We may collect personally identifiable information ("Personal Information") that you voluntarily provide to us, such as your name, email address, phone number, company name, and project details when you fill out contact forms, request a quote, subscribe to our newsletter, or communicate with us directly.
Usage Data: We automatically collect certain information when you access or use our website. This "Usage Data" may include your IP address, browser type, operating system, referring URLs, pages viewed, and the dates and times of your visits. This helps us understand how our website is used and improve user experience.
Cookies and Tracking Technologies: We use cookies and similar tracking technologies (like web beacons and pixels) to track activity on our website and hold certain information. Cookies are files with a small amount of data that may include an anonymous unique identifier. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

How We Use Your Information:

We use the collected information for various purposes, including:

To provide and maintain our website and services.
To respond to your inquiries, requests for proposals, and provide customer support.
To understand your custom software needs and develop tailored solutions.
To send you updates, newsletters, marketing, or promotional materials if you have opted in.
To monitor the usage of our website and improve its functionality and user experience.
To detect, prevent, and address technical issues or security threats.
To comply with legal obligations.

Disclosure of Your Information:

We may disclose your Personal Information in the following situations:

With Your Consent: We may disclose your personal information for any purpose with your explicit consent.
Service Providers: We may share your data with trusted third-party vendors and service providers who perform services on our behalf (e.g., website hosting, analytics, email delivery). These parties are bound by confidentiality agreements and are only permitted to use your information for the purposes for which it was shared.
Legal Requirements: We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).
Business Transfers: In the event of a merger, acquisition, or asset sale, your Personal Information may be transferred to the acquiring entity.
Protection of Rights: We may disclose your information when we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person, or as evidence in legal proceedings.

Data Security:

We implement reasonable technical and organizational measures designed to protect your Personal Information from unauthorized access, use, alteration, and disclosure. However, please be aware that no method of transmission over the Internet or method of electronic storage is 100% secure.

Your Data Protection Rights:

Depending on your location, you may have certain rights regarding your Personal Information, including the right to access, update, or delete your information. Please contact us to exercise these rights.

Third-Party Links:

Our website may contain links to third-party websites not operated by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Changes to This Privacy Policy:

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. You are advised to review this Privacy Policy periodically for any changes.

3. Delivery Policy (Software Development & Deployment)

At Build It, our "delivery" pertains to the completion and deployment of custom software solutions, rather than physical products. This policy outlines the typical process for the delivery of our bespoke software development services.

Project Lifecycle & Milestones:

The delivery of your custom software solution is a phased process, defined by a Statement of Work (SOW) or a formal project agreement. This typically includes:

Discovery & Requirements Gathering: Initial consultation and detailed documentation of your specific software needs.
Design & Prototyping: Creation of wireframes, mock-ups, and user interface designs for client review and approval.
Development: Coding and building of the software functionalities. This phase may include several internal iterations and client demonstrations.
Testing & Quality Assurance (QA): Rigorous testing to identify and rectify bugs, ensuring the software meets the defined requirements and quality standards.
Client User Acceptance Testing (UAT): The client reviews and tests the software in a staging environment to confirm it meets their expectations and operational needs.
Deployment & Go-Live: Upon successful UAT and final client approval, the software is deployed to the agreed-upon production environment (e.g., client's servers, cloud infrastructure, or app stores).
Post-Deployment Support (as per agreement): Initial support and maintenance following the go-live, as outlined in the project agreement.

Delivery of Deliverables:

Source Code & Documentation: Upon project completion and full payment, all agreed-upon source code, technical documentation, and project assets will be delivered to the client via secure digital means (e.g., secure file transfer, version control system access, or physical media as agreed).
Access Credentials: Relevant access credentials for deployed systems will be securely transferred to the client.
Training & Handover: Where included in the project scope, training sessions for client personnel will be conducted as per the project schedule.

Timelines:

Project timelines are highly dependent on the complexity and scope of the custom software solution. Specific timelines, milestones, and delivery dates will be clearly defined and agreed upon in the individual project proposal and Statement of Work (SOW) signed by both parties. While we strive to adhere to agreed schedules, unforeseen technical challenges or changes in scope requested by the client may impact delivery timelines. Any such changes will be communicated promptly.

Client Responsibilities:

Timely delivery is a collaborative effort. The client is responsible for:

Providing clear and timely feedback and approvals during all project phases.
Providing necessary access to systems, data, and personnel for testing and deployment.
Fulfilling payment obligations as per the agreed-upon schedule.
Providing accurate and complete information regarding requirements.

Acceptance of Delivery:

Delivery is considered complete upon the successful deployment of the software to the agreed-upon environment and/or the formal acceptance sign-off by the client after User Acceptance Testing (UAT), as detailed in the project agreement.

4. Return & Refund Policy (Custom Software)

Due to the bespoke nature of custom software development, our Return and Refund Policy is distinct from that of off-the-shelf products. Build It develops unique solutions tailored specifically to a client's individual requirements, making general "returns" or "refunds" in the traditional sense inapplicable.

General No-Refund Policy for Custom Software:

All payments made for custom software development services are generally **non-refundable**. This is because significant resources (time, labor, expertise) are expended at each stage of the development process, and the work product is specifically customized for the client.

Refund/Adjustment Considerations (Exceptional Circumstances Only):

A refund or financial adjustment will only be considered under extremely rare and specific circumstances, and will be evaluated on a case-by-case basis as detailed below:

Breach of Contract by Build It: If Build It is found to be in material breach of the signed project agreement (e.g., failure to deliver agreed-upon functionalities without justifiable cause, or complete abandonment of the project), and such breach is not rectified within a reasonable cure period following written notice from the client. In such a scenario, any refund would be proportional to the undelivered and unrecoverable work, determined at Build It's sole discretion based on project progress.
Project Cancellation by Build It: In the unlikely event that Build It is forced to cancel a project before completion due to internal, unforeseen circumstances not related to client non-compliance (e.g., unforeseen internal operational issues), a partial refund may be issued for services paid for but not yet rendered or irrevocably committed.

No Refunds Will Be Issued For:

Changes in Client Requirements or Business Direction: Once development has commenced, changes in client's business needs, scope changes not agreed upon and paid for, or decision to discontinue the project for reasons other than a material breach by Build It.
Client Non-Cooperation: Failure to provide timely feedback, necessary data, or access, or any other client actions that lead to project delays or inability to complete the project.
Minor Bugs or Issues: All software may have minor bugs or require ongoing maintenance. Our project agreements typically include a warranty period for bug fixes following deployment. These are part of post-delivery support, not grounds for a refund.
Disagreement on Aesthetic or Subjective Elements: Unless specific aesthetic or subjective elements were explicitly defined and guaranteed in the SOW and demonstrably not met.
Third-Party Costs: Costs associated with third-party licenses, services, or hardware procured specifically for the project, which are typically non-refundable by their providers.

Process for Refund Consideration (Applicable Conditions Only):

If you believe your situation meets one of the extremely rare conditions for a refund consideration, you must submit a formal written request to Build It's management at legal@buildit.com.bd within [7-14] days of the alleged incident.

Your request must include:

Your company name and project details.
A detailed explanation of why you believe you qualify for a refund, referencing the specific clause of the project agreement or the exceptional circumstance.
Any supporting documentation or evidence.

All refund requests will be reviewed by Build It's management. Build It reserves the right to deny any refund request that does not meet the specified criteria or that contradicts the terms of the signed project agreement. Any approved refunds will be processed via the original payment method where feasible, or by bank transfer, within [15-30] business days, subject to internal processing and bank times.

Formal Project Agreement Governs:

This general policy is superseded by, and should be read in conjunction with, the specific terms and conditions outlined in your signed Project Proposal and Statement of Work (SOW). The SOW will detail payment schedules, deliverables, acceptance criteria, warranty periods, and specific terms for project termination or dispute resolution, which will take precedence.