Terms of Service.

These Terms of Service (“Terms”) govern your access to and use of the website at sunfruit.net and any design, development, or related services (the “Services”) provided by Sunfruit Solutions, Inc. (“Sunfruit,” “we,” “us,” or “our”). By using the site or engaging us for work, you agree to these Terms.

Sunfruit is a digital studio offering web development, application development, graphic design, content and copywriting, and brand strategy. The specific scope, deliverables, timeline, and fees for any engagement are defined in a separate written proposal, statement of work, or order form (each, an “SOW”) agreed between you and Sunfruit. Where an SOW conflicts with these Terms, the SOW controls for that engagement.

• ›Fees, payment schedules, and any deposits are set out in the applicable SOW. Unless stated otherwise, invoices are due within 14 days of the invoice date.
• ›Projects typically require a deposit before work begins. Work may be paused if an invoice becomes overdue.
• ›Fees are exclusive of taxes; you are responsible for any applicable sales, use, or VAT taxes.
• ›Third-party costs (hosting, fonts, stock assets, plugins, app-store fees, etc.) are your responsibility unless expressly included in the SOW.

To deliver on time we rely on you to provide timely feedback, approvals, content, access, and credentials. You represent that any materials you supply to us do not infringe the rights of any third party and that you have the right to use them.

Upon full payment of all fees due for an engagement, final deliverables produced specifically for you under the SOW are assigned to you, except for: (a) third-party materials, which remain subject to their own licenses; and (b) our pre-existing tools, libraries, know-how, and general methods, which remain ours. We may display non-confidential work in our portfolio unless the SOW says otherwise.

Each party agrees to protect the other’s non-public information disclosed in connection with an engagement and to use it only to perform under the SOW.

Cancellations, deposits, and refunds are governed by our Refund & Cancellation Policy, which forms part of these Terms.

We perform the Services in a professional and workmanlike manner. Except as expressly stated, the Services and this website are provided “as is” without warranties of any kind, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, or consequential damages, and Sunfruit’s total liability arising out of or relating to an engagement will not exceed the fees paid to us for that engagement in the three months preceding the claim.

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. Any dispute will be resolved in the courts located in Delaware, unless otherwise required by applicable law.

We may update these Terms from time to time; the “last updated” date above reflects the current version. Questions about these Terms can be sent to hello@sunfruit.net.