Terms of Service

Overview

These Terms of Service ("Terms") govern the relationship between Forbes Digital Solutions ("we", "us", or "our") and any individual or organisation ("Client") that engages our services. By signing a proposal, making a payment, or otherwise instructing us to begin work, you agree to these Terms.

These Terms apply to all services we offer, including website design and development, AI and business automation, website maintenance and support, and business process improvement consulting.

Proposals and Scope of Work

All engagements begin with a written proposal or statement of work ("SOW") that outlines the deliverables, timeline, and fee. The SOW, together with these Terms, forms the complete agreement between the parties.

Work not described in the SOW is considered out of scope. Out-of-scope requests will be discussed, quoted separately, and require written approval before work begins.

We reserve the right to decline any project or request that conflicts with our values, capacity, or professional judgement.

Payment Terms

Unless otherwise stated in the SOW, the following payment structure applies:

• A deposit of 50% of the total project fee is due before work begins.
• The remaining 50% is due upon project completion, prior to final delivery or site launch.
• For ongoing retainer or maintenance services, fees are billed monthly in advance.
• All invoices are due within 14 days of the invoice date.

Invoices may be issued in USD or the local currency agreed in the SOW. Late payments beyond 14 days may incur a 1.5% monthly fee on the outstanding balance.

Work may be paused or withheld until overdue balances are settled. We are not liable for any losses arising from project delays caused by non-payment.

Revisions and Change Requests

Each SOW includes a defined number of revision rounds. Revisions within scope are those that refine or adjust existing deliverables without adding new requirements.

• Revision rounds included in a project will be stated in the SOW (typically two rounds).
• Revisions that add new features, pages, or requirements are treated as out-of-scope and quoted separately.
• Change requests must be submitted in writing (email is acceptable) to be considered official.

Client Responsibilities

Timely delivery of a project depends on both parties. The Client agrees to:

• Provide all required content (text, images, branding, credentials) within the timeframe agreed in the SOW.
• Respond to questions, review requests, and approval requests within 5 business days.
• Nominate a single point of contact for the project to avoid conflicting instructions.
• Ensure that any content, images, or materials provided do not infringe on third-party intellectual property rights.

If Client delays exceed 14 consecutive days without communication, we reserve the right to pause the project and reschedule it based on availability.

Intellectual Property

Upon receipt of full payment, the Client owns all custom deliverables produced specifically for their project (website designs, written content we author on their behalf, custom code).

The following are not transferred and remain the property of Forbes Digital Solutions or their respective owners:

• Third-party libraries, frameworks, plugins, or stock assets used in the project.
• Our internal tools, templates, or methodologies used to deliver the work.
• Any deliverables not yet fully paid for.

We reserve the right to display completed work in our portfolio unless the Client requests otherwise in writing prior to project start.

Confidentiality

Both parties agree to keep confidential any sensitive business information shared during the engagement. This includes business processes, system credentials, financial data, and any information explicitly marked as confidential.

This obligation does not apply to information that is already publicly known, required to be disclosed by law, or independently developed without reference to the confidential information.

Warranties and Disclaimers

We warrant that our work will be completed with reasonable skill and care, and that deliverables will materially conform to the agreed SOW.

We do not warrant that:

• Websites or software will be entirely free of defects (minor bugs are normal in software delivery).
• Specific search engine rankings, traffic volumes, or business outcomes will be achieved.
• Third-party services (hosting providers, payment gateways, analytics platforms) will remain available or unchanged.

Limitation of Liability

To the fullest extent permitted by applicable law, Forbes Digital Solutions' total liability to the Client for any claim arising from or related to a project shall not exceed the total fees paid by the Client for that specific project.

We are not liable for indirect, incidental, or consequential losses, including lost revenue, lost data, or lost business opportunities, even if we have been advised of the possibility of such losses.

Termination

Either party may terminate an engagement with 14 days' written notice. In the event of termination:

• The Client is responsible for payment of all work completed up to the termination date.
• The deposit is non-refundable if work has commenced.
• We will provide all completed deliverables and associated files upon receipt of final payment for work done.

We may terminate immediately and without notice if the Client engages in abusive conduct, requests illegal work, or fails to make payment after 30 days past the invoice due date.

Governing Law

These Terms are governed by the laws of the jurisdiction in which the specific engagement is contracted, as stated in the SOW. Where no jurisdiction is specified, the laws of Trinidad and Tobago apply.

Any disputes will first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, either party may pursue formal dispute resolution under the applicable jurisdiction.

Changes to These Terms

We may update these Terms from time to time. The date at the top of this page reflects when they were last revised. Changes do not apply retroactively to active engagements — the Terms in effect at the time of project start govern that project.

Contact

Questions about these Terms can be directed through our contact form:

Contact Forbes Digital Solutions