Terms of Service

1. Introduction

Welcome to Barak Websoft ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our public website (barakwebsoft.com) and outline the binding contractual framework for all software development, web engineering, graphic design, and IT consultancy services provided to clients ("Client," "you," or "your").

2. Acceptance of Terms

By engaging Barak Websoft to provide digital engineering services, signing an official Project Proposal or Master Service Agreement (MSA), or submitting work orders through our portal, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms.

3. Company Services

Barak Websoft is a technology solutions provider specializing in full-cycle digital development. Our capabilities encompass custom web application engineering, enterprise CMS deployment, UI/UX graphic design, API architecture, database optimization, cloud DevOps, and ongoing server maintenance.

4. Website Development Services

All website and web application development contracts are executed in accordance with agreed technical specifications. We build robust, responsive, cross-browser compliant solutions utilizing established programming practices, secure databases, and modern software design patterns. Specific third-party framework dependencies, CMS architectures, and hosting requirements will be confirmed prior to sprint kickoff.

5. Graphic and Digital Services

Our graphic, branding, and user interface (UI/UX) design services encompass wireframing, interactive prototyping, design systems, and digital marketing collateral. All creative deliverables are prepared according to agreed design briefs and submitted for client review at scheduled milestone checkpoints.

6. Project Scope and Deliverables

Each engagement is governed by an explicit Statement of Work (SOW) or Project Proposal that specifies deliverables, milestone timelines, technical constraints, and acceptance criteria. Any requested capabilities, feature expansions, or architectural modifications beyond the signed SOW will be handled under our formal change request procedure.

7. Client Responsibilities

Timely completion of digital projects requires close collaboration. The Client agrees to:

• Provide complete design assets, branding guidelines, copywriting, and media materials in a timely manner.
• Supply necessary server credentials, third-party API keys, domain DNS access, and repository permissions required to execute development.
• Designate an authorized project stakeholder empowered to review deliverables and provide formal milestone sign-offs.
• Test milestone deliverables within the designated review timeframe (typically 7 to 10 business days from staging delivery).

8. Pricing and Payments

Project pricing is established in writing within the signed Statement of Work. Standard payment terms include:

• Initial Deposit: An upfront retainer/deposit (e.g., 30% to 50%) is required prior to project kickoff and resource allocation.
• Milestone Invoices: Progressive milestone payments are invoiced upon successful delivery and client inspection of defined project phases.
• Payment Schedules: Invoices are payable upon receipt or within the agreed credit term (typically net 15 days).
• Taxes: All quoted professional rates are exclusive of applicable statutory sales taxes, goods and services taxes (GST/VAT), or withholding duties unless explicitly specified.

9. Revisions and Additional Work

Our project proposals include a designated allocation of design and layout review iterations (typically two rounds of structural revisions per milestone). Additional revisions, conceptual pivots, or structural alterations requested after milestone acceptance will be estimated and billed under our standard hourly development rates.

10. Cancellation and Refunds

Either party may terminate an active project upon written notice in accordance with contract terms. In the event of early cancellation:

• Deposits and retainer funds are non-refundable once engineering or creative work has commenced.
• The Client shall be invoiced for all documented billable hours, milestone deliverables, and non-cancellable third-party expenses incurred up to the effective termination date.
• Upon settlement of outstanding balances, all completed source code, assets, and design files completed up to that juncture will be delivered to the Client.

11. Intellectual Property

Client Ownership: Upon full and final settlement of all invoices, the Client owns all custom intellectual property, proprietary software source code, visual designs, and copy produced specifically for the Client under the Statement of Work.

Company Tools & Libraries: Barak Websoft retains full ownership of its pre-existing proprietary codebases, developer libraries, boilerplate modules, and generic algorithms integrated into the project. The Client is granted an irrevocable, royalty-free, perpetual license to utilize, modify, and execute such libraries within the delivered application.

12. Website Hosting and Maintenance

Barak Websoft provides optional managed hosting and monthly software maintenance programs. Where ongoing maintenance contracts are active, we manage security patch applications, routine database backups, and server uptime monitoring. Where the Client selects third-party hosting, our responsibility concludes upon successful staging sign-off and deployment to the Client's servers.

13. Third-Party Services

Web applications may integrate third-party APIs, SaaS platforms, payment gateways, map providers, or external plugins. Barak Websoft is not liable for service interruptions, API rate limits, deprecations, or policy changes instituted by external third-party providers outside our control.

14. Limitation of Liability

To the maximum extent permitted under applicable law, Barak Websoft, its directors, developers, and partners shall not be liable for any indirect, incidental, punitive, or consequential damages, including loss of business profits, data corruption, or business interruption, arising out of the use or inability to use delivered digital solutions. Our cumulative liability under any claim shall not exceed the total fees paid by the Client to Barak Websoft under the specific Statement of Work giving rise to the claim.

15. Termination of Services

We reserve the right to suspend or terminate services immediately upon written notice if the Client breaches these Terms, fails to settle overdue invoices despite notification, or engages in unlawful activities using delivered infrastructure.

16. Governing Law and Jurisdiction

These Terms of Service and all related service agreements shall be governed by, construed, and enforced in accordance with the laws of the jurisdiction in which Barak Websoft is registered. Both parties consent to the exclusive jurisdiction of the competent courts of that territory for the resolution of any legal proceedings.

17. Changes to Terms

We reserve the right to update or modify these Terms of Service periodically. Revisions will be published on this page with an updated "Last Updated" timestamp. Continued engagement of our services after publication constitutes acceptance of the amended terms.

18. Contact Information

For questions regarding these Terms of Service, master contracts, or billing notices, please direct correspondence to our legal department:

• Entity: Barak Websoft
• Legal Correspondence: legal@barakwebsoft.com
• Support & Operations: support@barakwebsoft.com
• Website: https://barakwebsoft.com