Effective Date: January 1, 2025
These Terms and Conditions (“Agreement”) govern all services provided by Hybrid eSolutions (“Company,” “we,” “us,” or “our”) to any client (“Client,” “you,” or “your”). By engaging our services, you agree to be bound by the terms outlined below.
1. Scope of Services
Hybrid eSolutions provides customized digital solutions, including but not limited to:
- Website design and development
- Application and software development
- Graphic and print design
- Marketing, communications, and public relations
- Content creation and digital strategy
All services will be defined in a written proposal, quotation, or contract issued to the Client.
2. Engagement and Acceptance
Work will commence only after:
- Written approval of the proposal, and
- Payment of any required deposit or initial fee
Approval may be provided via signed document, email confirmation, or digital acceptance.
3. Fees and Payment Terms
- All fees will be outlined in the agreed proposal or invoice
- Payments must be made in accordance with the stated schedule
- Unless otherwise agreed, invoices are due within 7 to 14 days of issuance
4. Deposit / Retainer
- Any required deposit or upfront retainer is non-refundable
- Deposits secure project scheduling, resource allocation, and availability
- Work will not begin until the deposit is received
5. Late Payments
Any invoice not paid by its due date will incur a late fee of 2.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower.
Hybrid eSolutions reserves the right to:
- Suspend ongoing work until outstanding balances are settled
- Withhold delivery of completed work
- Terminate services for continued non-payment
6. Suspension of Services
Hybrid eSolutions may suspend services if payment is not received within 7 days after the due date.
- No liability shall arise from delays caused by such suspension
- Services will resume only after all outstanding balances are paid
- Restarting a suspended project may incur additional fees
7. Revisions and Additional Work
- Revisions are limited to those specified in the proposal
- Work outside the agreed scope will be billed at standard rates
- Scope changes require written approval before commencement
8. Project Timelines and Delays
- Project timelines depend on timely Client input and approvals
- Delays caused by the Client will result in adjusted delivery timelines
- If the Client is unresponsive for 14 days or more, the project may be paused, closed, or subject to restart fees
9. Approval and Sign-Off
- The Client must review and approve deliverables at defined milestones
- Approval constitutes acceptance of that phase of work
- Additional changes after approval will be treated as new work and billed accordingly
10. Client Responsibilities
The Client agrees to:
- Provide accurate content, materials, and instructions
- Respond in a timely manner to communications and approvals
- Ensure all provided materials comply with applicable laws and regulations
11. Intellectual Property
- Ownership of final deliverables transfers only after full payment is received
- Hybrid eSolutions retains the right to display work in its portfolio and marketing
- Third-party materials remain subject to their respective licenses
12. Third-Party Services
Hybrid eSolutions is not responsible for:
- Failures, outages, or changes in third-party platforms, tools, or services
- Costs associated with third-party subscriptions or licenses unless explicitly stated
13. No Guarantee of Results
Hybrid eSolutions provides services on a professional, best-effort basis and does not guarantee:
- Specific business outcomes
- Search engine rankings, traffic levels, or revenue increases
14. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary or sensitive information exchanged during the engagement.
15. Termination
Either party may terminate this Agreement with written notice.
- The Client must pay for all work completed up to the termination date
- Deposits remain non-refundable
16. Early Termination and Accelerated Payment
If any service or contract is terminated, canceled, or ended for any reason not attributable to a fault or breach by Hybrid eSolutions, the Client shall:
- Pay the full remaining contract sum
- Settle all outstanding invoices, fees, and charges
All such amounts become due within thirty (30) days of termination.
17. Collection and Legal Costs
If Hybrid eSolutions must pursue legal or collection action:
- The Client agrees to pay all related costs, including attorney’s fees, court costs, and filing fees
- These costs will be added to the total amount owed
18. Limitation of Liability
Hybrid eSolutions shall not be liable for:
- Indirect, incidental, or consequential damages
- Loss of revenue, data, or business opportunities
Total liability shall not exceed the total fees actually paid by the Client for services rendered under this Agreement, excluding any deposit or upfront retainer, which is non-refundable and not included in the liability cap.
19. Force Majeure
Hybrid eSolutions shall not be liable for failure or delay in performance due to events beyond its reasonable control, including but not limited to natural disasters, government actions, labor disputes, or system failures.
20. Independent Contractor
Hybrid eSolutions operates as an independent contractor. Nothing in this Agreement creates a partnership, joint venture, or employment relationship.
21. Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions, agreements, or representations.
22. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of Jamaica.
23. Amendments
Hybrid eSolutions reserves the right to update these Terms and Conditions at any time. Updates take effect upon issuance.
24. Acceptance
By engaging Hybrid eSolutions, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.