Terms & Conditions

These Terms and Conditions govern the working relationship between As Promised Digital Agency (“we”, “us”, “the Agency”) and the client (“you”, “the Client”) for all web design, development, and digital services. By signing a proposal or paying a deposit, you agree to these terms.

1. Agreement

A formal project agreement is established when the Client signs a proposal from As Promised Digital Agency and pays the initial deposit. The signed proposal, together with these Terms and Conditions, constitutes the full agreement between the parties.

No work commences prior to receipt of the signed proposal and deposit payment.

2. Scope of Work

The scope of each project is defined in the signed proposal. This includes the specific pages, features, integrations, and deliverables agreed upon before the project begins.

Any work requested outside the agreed scope will be treated as a change request and quoted separately. We will not begin out-of-scope work without written agreement on the additional cost and timeline.

The Client is responsible for providing all required content — including text, images, logos, and brand assets — in a timely manner. Delays in providing content may affect the project timeline.

3. Payment Terms

All projects are invoiced in milestones as outlined in the signed proposal. The standard payment structure is:

• Deposit (20%) — due upon signing. Work begins on receipt.
• Design Approved (20%) — due when the Client approves the design mockup.
• Phase 1 Live (20%) — due when the first phase of the build is live for review.
• Phase 2 Complete (20%) — due when all features are live and tested.
• Final Handover (20%) — due upon final delivery of credentials, documentation, and training.

All payments are due within 7 days of invoice. Work may be paused if a payment is not received within this period. The Agency reserves the right to withhold delivery of final files and credentials until all outstanding payments are settled.

All prices are in USD unless otherwise stated. JMD invoicing is available at the prevailing exchange rate on the invoice date.

4. Refund Policy

As Promised Digital Agency operates on a milestone-based payment structure. Each payment is tied to a specific deliverable. Our refund policy reflects this:

• Deposit — non-refundable. Once the deposit is received and work commences — including discovery, planning, design research, and any setup — the deposit cannot be refunded. By paying the deposit, the Client confirms they are ready to proceed.
• Completed milestones — non-refundable. Any milestone payment made in exchange for a delivered phase of work is non-refundable. The Client will have reviewed and approved that phase before the subsequent invoice is issued.
• Future milestones — not charged. If a Client chooses to cancel after a milestone but before the next invoice is issued, no further payments are due. The project is closed and all work completed to that point is delivered upon settlement of any outstanding balance.
• No refunds for change of mind. Refunds are not issued because a Client changes their mind, decides not to proceed, or chooses an alternative provider after work has begun.
• Disputes. If a Client believes work does not meet the agreed scope, they must raise this in writing within 7 days of delivery. The Agency will review and rectify any genuine scope discrepancy at no additional cost. Disputes do not suspend payment obligations for other milestones.

This policy exists to protect both parties. It ensures the Agency can commit fully to each project, and that Clients understand exactly what they are agreeing to before any payment is made. All scope, deliverables, and expectations are documented in the signed proposal before work begins — there are no surprises.

5. Revisions & Changes

Each project phase includes a reasonable number of revisions as discussed during the discovery process. A revision is defined as a minor change to existing work — not a change in direction, scope, or requirements.

Significant changes to scope, design direction, or requirements after work has begun will be treated as change requests and priced accordingly.

6. Intellectual Property & Ownership

Upon receipt of full payment, the Client owns all custom code, design assets, and content created specifically for their project. The Agency assigns all rights in the deliverables to the Client upon final payment.

The Agency retains the right to display the completed work in its portfolio and marketing materials, unless the Client requests otherwise in writing.

Third-party assets (such as stock images, fonts, or libraries) are subject to their respective licences and are not assigned as part of this agreement.

7. Confidentiality

Both parties agree to keep confidential any sensitive business information shared during the project — including but not limited to business plans, customer data, pricing strategies, and technical systems.

The Agency will not share client data with third parties except where required to deliver the project (e.g. hosting providers) or by law.

8. Warranties & Limitation of Liability

The Agency warrants that all work is original and will be completed with reasonable skill and care in accordance with the agreed scope.

The Agency does not warrant that the website will be free from all errors or that it will meet all specific performance requirements not stated in the proposal. The Client is responsible for testing and reviewing deliverables at each milestone.

The Agency's total liability for any claim arising from a project shall not exceed the total fees paid by the Client for that project. The Agency is not liable for indirect, consequential, or loss-of-revenue damages.

9. Project Delays

The Agency will provide an estimated timeline in the proposal. Timelines are affected by the timely provision of content, feedback, and payments from the Client. The Agency is not responsible for delays caused by late content delivery, slow feedback, or late payments.

If the project is paused by the Client for more than 60 days, the Agency reserves the right to treat the project as abandoned and retain all payments received up to that point.

10. Termination

Either party may terminate the agreement with written notice. Upon termination:

• The Client is liable for payment of all work completed up to the point of termination, pro-rated against the agreed milestones.
• The Agency will deliver all completed work to the Client upon settlement of outstanding payments.
• The deposit is non-refundable if work has commenced.

11. Governing Law

These Terms and Conditions are governed by the laws of Jamaica. Any disputes arising from this agreement shall be resolved first through good-faith negotiation between the parties. If unresolved, disputes shall be subject to the jurisdiction of the courts of Jamaica.

12. Contact

For any questions regarding these Terms and Conditions, please contact us: