Terms of Use

• The primary area of business for UpDev.io Ltd. is (but not constrained to) providing resources for software development and IT support services.
• Quotes are exclusive of VAT, or any other taxes as may be applicable, and are valid for 30 days from the date of issue. Payment is required prior to work commencing, whether in full for an entire project, to achieve a specified milestone, or to hire our developers on a daily, weekly, or monthly basis.
• The Client is allocated dedicated developer(s) along with the necessary functional and support staff such as a team leader and a project manager. The Client will not attempt to engage in business with current or ex-staff on a personal basis. All UpDev.io Ltd. employees have confidentiality clauses in their employment contract and have signed non-disclosure agreements.
• Your assigned developer(s) will operate out of the Indian office of UpDev.io Ltd. The Indian office operates Monday - Friday, 10 AM to 7:00 PM (India's time zone is GMT + 5:30 / BST +4.30). All public holidays are factored into the agreed time schedule for delivering work.
• The use of the Client Area is entirely at the Client’s risk. In no way can UpDev.io Ltd. be held liable for eventual damages arising from the inaccessibility to personal information, from the loss or alteration of stored materials or by any other event, including any service interruptions.
• The Client agrees not to use the Client Area to:
  • Upload, publish, or make available in any other way content that is unlawful or prohibited.
  • Harm people under the age of 18 in any way.
  • Upload, publish, or make available in any other way content that the Client does not have the right to distribute.
  • Upload, publish, or make available in any other way content which infringes any Patent, Law, Trade Secrets, Copyright or other Proprietary Rights.
  • Disturb or interfere with the Service, the servers or the networks connected to the Service.
  • Violate any Local or International Law or applicable regulations.
• UpDev.io Ltd. has the right to remove any Client’s files at any moment, and to cancel any login without prior notice. It is the sole responsibility of the Client to keep a copy of the content uploaded in the Client Area. UpDev.io Ltd. does not assume any responsibility in case of partial or total loss of material. Although UpDev.io Ltd. is not obliged to pre-screen and screen the files uploaded by Clients, UpDev.io Ltd. reserves the right to access any account and any file, without prior notice, in order to verify the Client’s compliance with the Terms and Conditions.
• Personal data provided to UpDev.io Ltd. remain the Client’s property. The Client allows UpDev.io Ltd. to collect and use this information for both operational distribute this information to any third parties, unless specifically required to by Law, or unless give specific permission by the Client.
• During the course of the "project" it is the Client's responsibility to provide all (but not limited to the following) the relevant information, content, pictures, previous code, etc., in order to make the project technically feasible and viable - in the absence of the above or any other relevant material UpDev.io Ltd. may use freeware/shareware material as deemed fit.
• UpDev.io Ltd. will not be held responsible in case the Client insists on using a particular "copyrighted" material – UpDev.io Ltd. would assume that the Client has taken care of the legal and copyright implications of using the same and once the final payment and or the project has been made "live" it is deemed that the Client has given the go ahead to use the above-mentioned material at its own risk and consequences.
• After payment release, the Client will own the specific instances of all code we produce for you but not the algorithms, techniques, methods, or trade secrets we use to produce it, and which belong to UpDev.io Ltd.
• If during the course of the work the Client is unable to provide us with necessary information, materials or feedback in a timely manner when requested it could become necessary to reschedule your assigned developer(s) to other projects while we are waiting. This may result in the delivery of your work being delayed. If we request materials, information, or decisions, from you that we need to complete the work, and you do not provide them within 30 days, we will deem the work to be completed and all payments will be released. In addition, the Client will have 72 hours to review any completion request and/or payment release before we force complete the project and/or release payment.
• Work completed on an existing site is done on an unseen basis. Due to the nature of existing sites (sites already finished or part finished by a third party) we cannot predict code integrity. We undertake this work on the understanding that we will research and develop the existing code, but wemake no guarantees that the previous work is a suitable framework for us to work with.
• It is the Client’s responsibility to ensure they have a back-up of the work. We suggest taking back-ups of the work at all stages (we recommend an automated scheduled back-up, which can be set-up alongside any work byour server technicians). Live servers, all development work takes place “off-site” on a Sandbox environment provided by us. On occasion, it may be requested that development takes places on live servers (e.g., time constraints, upon Client request, licensing reasons). This is done so at your own risk. We do not take responsibility for any impact this may have to either the live site or your ability to work. We strongly recommend the use of a Sandbox server.
• When a resource(s) works on a dedicated basis (daily/weekly/monthly) they are allocated for 8 hours daily/40 hours weekly/160 hours monthly. This time includes design, programming, testing, and any time spent awaiting feedback from the Client.
• In some instances, an extension of time to deliver work may unfortunately be required. In this event, UpDev.io Ltd. will not be held liable in any way and there is no automatic refund for work already completed.
• The money-back guarantee is ultimately offered at the discretion of UpDev.io Ltd.
• This agreement will be governed by and construed in accordance with British laws of England and Wales.

Intellectual Property Rights

Each party reserves all its proprietary rights in its Confidential Information and no rights or obligations, other than those expressly recited herein, are granted or to be implied. In particular, no license is hereby granted directly or indirectly under or in respect of any invention, discovery, patent, copyright or any other intellectual property right now or in the future held, made, obtained or licensable by the Disclosing Party. The property in all Confidential Information disclosed pursuant to an agreement/contract/project shall, subject to any right of any other owner, remain with the original owner/party.

Use of Intellectual Property: Each party acknowledges that the other party owns, or licenses Intellectual Property related to its or its affiliates' existing business and such Intellectual Property may be used and further developed in the course of this Agreement. Each party understands that the other party intends to continue to develop and commercially exploit its own Intellectual Property during and after the term of this Agreement.

Prior Intellectual Property Rights: All Intellectual Property rights owned by a party as of the Effective Date ("Prior IP") shall remain the property of such party and no licenses or other rights with respect to such Intellectual Property are granted to the other party except as expressly set forth in an agreement or a later agreement. Each party shall have the burden of proof concerning the Intellectual Property it claims as its Prior IP.

Developed Intellectual Property for Clients: All right, title and interest of every kind and nature, whether now known or unknown, in and to any Intellectual Property created, written, developed, furnished or produced by us during the term of the agreement/project, whether alone or jointly with others and whether or not during work hours, that are within the scope of the agreement or any applicable Statement of Work shall be the exclusive property of the Client (subject to the other conditions and specifically the payment of all the dues). As used herein, the term "Intellectual Property" shall include, without limitation, anyinventions, technological innovations, discoveries, designs, formulae, know-how, processes, patents, trademarks, service marks, copyrights, computer software, ideas, creations, improvements to all such property, and all recorded material defining, describing, or illustrating all such property, whether written or not and whether stored in plain or in code form.

UpDev.io Ltd. understands that it shall have no right, title or interest of any kind or nature in or to any item of Intellectual Property, or in or to any results and/or proceeds from any item of Intellectual Property created or developed for the Client. UpDev.io Ltd. agrees to assist the Client, at Client's expenses, to obtain patents, copyrights, trademarks, service marks and similar protections in all countries on any item of Intellectual Property and agrees to execute any and all documents necessary to obtain such patents, copyrights trademarks, service marks and similar protections in all foreign countries in the name of Client. UpDev.io Ltd. further agree to assist the Client or its nominees in the performance of any lawful acts that the Client, at its discretion deems necessary to secure proper patent, copyright, trademark, service mark and other protection for any item of Intellectual Property or Improvements thereon, and to vest the Client the entire interest therein all countries.