Terms of Service
Last updated: January 15, 2025
Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of the Digitize Bahamas website and services, operated by Novio Group ("we," "us," or "our"). By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access our services.
Use of Our Services
Eligibility
You must be at least 18 years old and capable of forming a binding contract to use our services. By using our services, you represent and warrant that you meet these requirements.
Account Registration
Some features of our services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
Acceptable Use
You agree not to use our services to:
- Violate any applicable laws, regulations, or third-party rights
- Transmit harmful, offensive, or inappropriate content
- Impersonate any person or entity or misrepresent your affiliation
- Interfere with or disrupt the operation of our services
- Attempt to gain unauthorized access to our systems or networks
- Use automated tools to access or scrape our website without permission
- Transmit spam, chain letters, or unsolicited communications
- Infringe upon intellectual property rights of others
Services and Deliverables
Service Agreements
Specific services provided by Digitize Bahamas will be governed by separate service agreements or statements of work. These agreements will detail the scope, timeline, deliverables, and payment terms for each project.
Project Changes
Changes to project scope, requirements, or deliverables must be agreed upon in writing by both parties. Additional charges may apply for scope changes or additional services not originally outlined in the service agreement.
Client Responsibilities
Clients are responsible for:
- Providing timely access to necessary information, materials, and resources
- Responding to requests for feedback and approvals within agreed timeframes
- Ensuring all provided content is accurate, legal, and properly licensed
- Maintaining backup copies of all materials provided to us
- Making timely payments according to the agreed schedule
Payment Terms
Fees and Billing
Service fees will be outlined in your specific service agreement. Payment terms typically include an initial deposit before work begins, with the balance due upon project completion or according to milestone-based payments.
Late Payments
Late payments may incur interest charges of 1.5% per month or the maximum rate permitted by law, whichever is less. We reserve the right to suspend services or withhold deliverables until payment is received.
Refund Policy
Deposits are generally non-refundable once work has commenced. Refunds for other payments will be considered on a case-by-case basis and must be requested in writing within 30 days of payment.
Intellectual Property
Ownership of Deliverables
Upon full payment for services, clients will own the final deliverables created specifically for them. We retain ownership of our pre-existing materials, templates, processes, and methodologies used in providing services.
Portfolio Rights
We reserve the right to use completed projects in our portfolio, case studies, and marketing materials unless otherwise agreed in writing. Confidential or sensitive projects may be excluded at client request.
Third-Party Materials
Clients are responsible for ensuring they have proper licenses for any third-party content, images, fonts, or materials they provide or request us to use. We are not liable for any copyright or trademark infringement related to client-provided materials.
Confidentiality
Both parties agree to maintain confidentiality of any proprietary or confidential information shared during the course of our business relationship. This obligation survives the termination of any service agreement.
Warranties and Disclaimers
Our Warranties
We warrant that services will be performed in a professional manner consistent with industry standards. For a period of 30 days after project completion, we will correct any errors or defects in deliverables at no additional charge.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE SPECIFIC RESULTS FROM OUR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY THE CLIENT FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
Indemnification
You agree to indemnify and hold harmless Digitize Bahamas and Novio Group from any claims, damages, losses, or expenses arising from your use of our services, your violation of these Terms, or your violation of any third-party rights.
Termination
Either party may terminate a service agreement with written notice if:
- The other party materially breaches these Terms and fails to cure within 15 days of notice
- The other party becomes insolvent or files for bankruptcy
- Mutually agreed upon by both parties
Upon termination, client shall pay for all work completed up to the termination date. We may retain deposits and payments for work already performed.
Governing Law and Dispute Resolution
These Terms shall be governed by the laws of The Bahamas. Any disputes arising from these Terms or our services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Nassau, Bahamas.
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website with a new "Last updated" date. Your continued use of our services after changes constitutes acceptance of the modified Terms.
General Provisions
Entire Agreement
These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and Digitize Bahamas regarding your use of our services.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
Contact Information
For questions about these Terms, please contact us:
Digitize Bahamas
Powered by Novio Group
Email: legal@digitizebahamas.com
Phone: +1 (242) 555-0100
Address: Nassau, Bahamas