Terms

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND REMEDIES, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATIONS OF LIABILITY, YOUR INDEMNITY TO US, AND DISPUTE RESOLUTION. NOTE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

1. ACCEPTANCE OF TERMS

Welcome to Cevenost (“we,” “us,” or “our”). By accessing our website or engaging our services, you (“User,” “Client,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”).

If you do not agree to these Terms, do not use our website or services.

These Terms govern your use of our website and all services we provide, including:

  • Website development
  • E-commerce site development
  • Mobile and web app development
  • Website maintenance and support
  • Search Engine Optimization (SEO)
  • Motion content development
  • Podcast development
  • Voice search optimization
  • Graphic design services
  • Photography services
  • Web asset analytics
  • Website migration services
  • Mailing services
  • Google Workspace management
  • Bulk SMS services
  • Social channel management and administration
  • Push notification services
  • Business location management (Google and other platforms)

2. DESCRIPTION OF SERVICES

2.1 Service Offerings

We provide the following services as described on our website or in our service agreements:

A. Development Services

  • Custom website design and development
  • E-commerce platform development and integration
  • Mobile application development (iOS, Android, HarmonyOS)
  • Web application development
  • API integration and development

B. Optimization & Analytics

  • Search Engine Optimization (SEO)
  • Voice search optimization
  • Web asset analytics and reporting
  • Performance optimization

C. Content & Creative Services

  • Motion content development (animations, video content)
  • Podcast development and production
  • Graphic design services
  • Photography services
  • Content creation

D. Maintenance & Management

  • Website maintenance and technical support
  • Website migration services
  • Google Workspace management
  • Mailing services (email marketing, newsletters)
  • Bulk SMS service delivery
  • Push notification services
  • Social channel management and administration
  • Business location management on Google and other platforms

2.2 Service Scope

Specific service scope, deliverables, timelines, and pricing will be detailed in individual service agreements, project proposals, or work orders signed by both parties. These documents shall supplement and be governed by these Terms.

3. CLIENT RESPONSIBIBILITIES

You agree to:

3.1 Provide Accurate Information

  • Supply accurate, complete, and current contact, billing, and project information
  • promptly update us if any information changes
  • Provide necessary access credentials, login information, and permissions required for service delivery

3.2 Provide Required Materials

  • Supply all content, images, logos, branding materials, and documentation needed for your projects
  • Ensure all materials provided are owned by you or properly licensed
  • Obtain and maintain all necessary third-party permissions and licenses

3.3 Review and Approval

  • Review all deliverables within the timeframe specified in your agreement
  • Provide timely feedback and approval comments
  • Notify us of any errors or issues within the approval period

3.4 Compliance

  • Use our services only for lawful purposes
  • Comply with all applicable laws, regulations, and third-party policies
  • Not request us to create content that violates laws, infringes rights, or is deceptive

3.5 Payment

  • Pay all fees as specified in your agreement
  • Maintain valid billing information
  • Notify us immediately of billing disputes

4. FEES AND PAYMENT

4.1 Pricing

  • All fees are as quoted in our service agreements, proposals, or price lists
  • Prices are subject to change; we will provide notice for ongoing services
  • Additional fees may apply for services outside the agreed scope

4.2 Payment Terms

  • Payment is due as specified in your agreement (e.g., upfront, milestone-based, monthly)
  • Late payments incur interest at 7% per month or the maximum rate permitted by law
  • We may suspend services for payments more than [insert number] days late
  • All fees are non-refundable except as expressly stated in these Terms

4.3 Additional Costs

You may be responsible for:

  • Third-party service fees (hosting, domains, APIs, SMS carriers, email providers)
  • Licensing fees for software, plugins, fonts, images, or content
  • Carrier fees for SMS or push notification services
  • Government taxes, duties, or regulatory fees

4.4 Billing Disputes

Notify us of any billing dispute within 7 days of receiving the invoice. We will investigate and respond within 7 days.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Our Property

  • Our website, branding, logos, trademarks, and Service Name are owned by us
  • Our pre-existing code, frameworks, libraries, templates, and tools remain our property
  • We retain rights to our methodologies, processes, and know-how
  • Generic analytics, reports, and insights not containing your proprietary data may be used by us

5.2 Client Property

Upon full payment of all fees, you receive:

  • Ownership of custom content created specifically for you (copy, designs, images, videos)
  • Rights to custom code developed exclusively for your project
  • Usage rights to delivered creative works per our license agreement
  • All content you provide remains your property

5.3 License to Us

You grant us a license to:

  • Use your content, materials, and credentials to deliver services
  • Display your projects in our portfolio, case studies, and marketing (unless you object in writing; whose effect does not include Author credits)
  • Access necessary systems and platforms to perform services
  • Use third-party services required for delivery

5.4 Third-Party Materials

  • Software, plugins, fonts, images, or content from third parties are subject to their licenses
  • We may incorporate open-source code under applicable open-source licenses
  • You are responsible for complying with third-party license terms

5.5 Intellectual Property Infringement

If you claim our services infringe your intellectual property:

  • Notify us immediately with detailed information
  • We will investigate and respond promptly
  • We may modify or cease the infringing activity

6. SERVICE DELIVERY AND STANDARDS

6.1 Professional Standards

We will:

  • Perform services professionally, competently, and in accordance with industry standards
  • Follow agreed specifications and timelines
  • Communicate progress regularly

6.2 No Guarantee of Specific Results

IMPORTANT: We do NOT guarantee:

  • Specific SEO rankings, traffic numbers, or search result positions
  • Specific sales, revenue, conversion rates, or business outcomes
  • Exact timeline for search engine acceptance or indexing
  • Guaranteed approval on third-party platforms (Google, social platforms, SMS carriers)
  • Specific podcast listener counts, engagement metrics, or viral success
  • Specific SMS delivery rates (carrier-dependent)
  • Guaranteed push notification delivery (device/app-dependent)
  • Exact analytics outcomes or business intelligence insights

6.3 Third-Party Dependencies

Many services depend on third parties:

  • SEO/Voice Search: Google, search engines control ranking algorithms
  • SMS: Mobile carriers control delivery, filtering, and rates
  • Email/Mailing: Email providers control delivery, spam filtering
  • Push Notifications: Device OS, app platforms control delivery
  • Social Management: Social platforms control APIs, features, policies
  • Google Workspace/Business Location: Google controls approval, features, policies
  • Hosting/Domains: Third-party providers control availability, uptime

We cannot control third-party systems and make no guarantees about their performance.

6.4 Timelines

  • Project timelines are estimates based on available information
  • Delays caused by you, third parties, or unforeseen circumstances may extend timelines
  • We will notify you of significant delays promptly

6.5 Maintenance Services

  • Maintenance includes updates, monitoring, and basic support as specified
  • Emergency support availability depends on your service level agreement
  • We may apply updates that change functionality; significant changes will be communicated

7. ACCESS AND SECURITY

7.1 Account Security

  • You must maintain confidentiality of your account credentials
  • You are responsible for all activities under your account
  • Notify us immediately of unauthorized access

7.2 Our Security Measures

  • We implement reasonable security measures to protect data
  • We use industry-standard encryption where appropriate
  • We restrict access to confidential information

7.3 Security Limitations

  • We cannot guarantee absolute security
  • Internet transmission is inherently insecure
  • Third-party services may have different security standards
  • You should implement your own security measures

8. CONFIDENTIALITY

8.1 Definition

“Confidential Information” includes non-public information disclosed by either party, including business plans, customer data, technical data, pricing, strategies, and project details.

8.2 Obligations

Each party agrees to:

  • Protect Confidential Information with reasonable care
  • Not disclose to third parties without consent
  • Use only for purposes of this agreement
  • Limit access to authorized personnel

8.3 Exceptions

Confidential Information does not include:

  • Publicly available information (not due to breach)
  • Information already known before disclosure
  • Independently developed without access to Confidential Information
  • Legitimately received from third parties
  • Required to be disclosed by law

8.4 Data Protection

  • We comply with applicable data protection laws
  • Personal data is processed per our Privacy Policy
  • We implement appropriate security measures
  • You are responsible for data you provide

9. SPECIFIC SERVICE TERMS

9.1 Website & App Development

  • Specifications must be provided in writing
  • Changes to specifications may affect timeline and cost
  • Testing period is limited to agreed timeframe
  • You are responsible for third-party integrations not developed by us
  • Post-launch support is per your maintenance agreement

9.2 E-Commerce Services

  • You must comply with all payment processor terms
  • You are responsible for product descriptions, pricing, and availability
  • You handle customer orders, shipping, and returns
  • PCI compliance depends on your payment processor choice
  • We recommend but do not guarantee specific platforms

9.3 SEO & Voice Search Optimization

  • Results depend on search engine algorithms we cannot control
  • Competitor actions, market changes, and policy updates affect results
  • SEO requires ongoing effort; one-time work has limited impact
  • Voice search depends on emerging technologies and platforms
  • We follow industry best practices but make no ranking guarantees

9.4 Motion Content & Podcast Development

  • You provide or approve all content, scripts, and messaging
  • Third-party music, footage, or voices require proper licensing
  • You are responsible for content accuracy and legality
  • Distribution platform approval is not guaranteed
  • We deliver per specifications but do not guarantee audience engagement

9.5 Graphic Design & Photography

  • Final deliverables are provided per agreed specifications
  • You must obtain licenses for third-party elements (fonts, images)
  • Raw files may remain our property unless agreed otherwise
  • Print quality depends on your printer and materials
  • We do not guarantee specific artistic reception

9.6 Web Asset Analytics

  • Analytics depend on proper tracking implementation
  • Data accuracy depends on third-party tools and configurations
  • We provide insights but do not guarantee business outcomes
  • Historical data may be incomplete depending on tracking start date
  • Third-party analytics platforms have their own Terms

9.7 Migration Services

  • You must verify all data before migration completion
  • Some data formats may not migrate perfectly
  • Third-party platform changes may affect migration
  • We recommend maintaining backups during migration
  • Migration success depends on destination system compatibility

9.8 Mailing Services & Google Workspace

  • Email delivery depends on carrier filtering and reputation
  • We do not guarantee 100% delivery rates
  • You must comply with anti-spam laws (CAN-SPAM, GDPR, etc.)
  • You own your subscriber lists
  • Google Workspace is subject to Google’s Terms of Service
  • We manage but do not control Google’s platform changes

9.9 Bulk SMS Service

  • Delivery Rates: We do not guarantee 100% SMS delivery
  • Carrier Dependencies: Mobile carriers filter, block, or delay messages
  • Compliance: You must comply with all SMS regulations (TCPA, local laws)
  • Content: You are responsible for SMS content legality
  • Opt-Out: You must honor opt-out requests immediately
  • Sender IDs: Approval depends on carrier requirements
  • Timing: Delivery times vary by carrier and region

9.10 Social Channel Management

  • Platform APIs change; features may be removed
  • We follow platform policies but do not guarantee account approval
  • Content moderation is ultimately your responsibility
  • We do not guarantee follower growth or engagement
  • Platform policy violations may result in account suspension

9.11 Push Notification Services

  • Delivery depends on device settings, app permissions, and OS
  • We do not guarantee delivery to all users
  • Users can disable push notifications
  • Platform policies (Apple, Google, Huawei) affect delivery

9.12 Business Location Management

  • Google and other platforms control approval and verification
  • We cannot guarantee listing approval or specific ranking
  • Platform policy changes may affect your listing
  • You must provide accurate business information
  • We manage but do not control third-party platforms

10. DISCLAIMERS

10.1 Service Availability

  • Services are provided “as is” and “as available”
  • We do not guarantee uninterrupted, error-free, or secure service
  • Third-party services may have separate availability issues

10.2 No Professional Advice

  • Our services do not constitute legal, financial, or regulatory advice
  • You should consult appropriate professionals for compliance matters
  • We do not guarantee regulatory compliance (GDPR, CCPA, PCI, etc.)

10.3 Technology Changes

  • Technology evolves; services may need updates
  • Third-party platforms change APIs, features, and policies
  • We may modify services to accommodate changes

10.4 Third-Party Services

  • We may recommend or integrate third-party services
  • Third-party services are subject to their own Terms
  • We are not responsible for third-party service failures
  • You directly agree to third-party terms

11. LIMITATION OF LIABILITY

11.1 No Consequential Damages

To the maximum extent permitted by law:

  • We are NOT liable for indirect, incidental, special, consequential, or punitive damages
  • We are NOT liable for lost profits, revenue, sales, data, or business interruption
  • We are NOT liable for third-party actions or platform changes

11.2 Liability Cap

Our total liability for any claim shall not exceed:

  • The amount you paid us in the months preceding the claim, OR
  • $1,000, whichever is less

11.3 Specific Exclusions

We are NOT liable for:

  • SEO ranking changes or losses
  • Search engine algorithm updates
  • SMS delivery failures or carrier blocking
  • Email delivery failures or spam filtering
  • Social platform account suspension
  • Third-party service failures
  • Data loss from third-party systems
  • Business outcome failures
  • Regulatory violations by you

11.4 Your Responsibility

You agree to:

  • Maintain your own backups of critical data
  • Implement appropriate security measures
  • Comply with all applicable laws
  • Obtain necessary insurance for your business

12. TERMINATION

12.1 Termination by You

  • You may terminate by providing written notice
  • Prepaid fees for undelivered services may be refunded per our refund policy
  • Termination does not affect obligations for work already completed

12.2 Termination by Us

We may terminate or suspend services:

  • If you breach these Terms
  • For non-payment more than 16 days late
  • If you request unlawful or infringing work
  • For safety, security, or legal reasons
  • Immediately if required by law

12.3 Effect of Termination

  • You must pay all outstanding fees
  • We will deliver completed work per our agreement
  • Access to services will cease
  • Your license to use our tools ends
  • Confidentiality obligations continue

12.4 Service Transition

  • We may provide reasonable assistance for transition
  • Data export is per our capabilities and third-party limits
  • We are not responsible for your transition to another provider

13. REFUND AND CANCELLATION POLICY

13.1 Development Projects

  • Upfront fees are non-refundable once work begins
  • Milestone payments are non-refundable for completed work
  • Refunds for unstarted work may be provided minus administrative fees

13.2 Subscription Services

  • Monthly fees are non-refundable
  • Service continues until period ends
  • No refunds for partial periods

13.3 Content Services

  • Fees are non-refundable once work begins
  • Cancelled projects incur fees for work completed

13.4 SMS, Email, Push Services

  • Per-message costs are non-refundable once sent
  • Unused credits may be refunded per our credit policy
  • Carrier fees are non-refundable

13.5 Emergency Situations

We may adjust refund policies for extraordinary circumstances with notice.

14. DISPUTE RESOLUTION

14.1 Good Faith Resolution

You agree to attempt good faith resolution before legal action:

  • Notify us of the dispute in writing
  • We will respond within 7 days
  • Both parties will attempt to resolve within 16 days

14.2 Mediation

If unresolved:

  • Parties may agree to mediation
  • Mediation costs are shared equally
  • Mediation location: CapeCoast, Ghana

14.3 Arbitration

  • If mediation fails, you may pursue arbitration
  • Disputes shall be resolved by binding arbitration
  • Arbitrator: Ghana Arbitration Centre
  • Location: Accra
  • Costs are shared equally

15. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of The Republic of Ghana, without regard to conflict of law principles. Any legal action shall be brought in courts located in Accra, Ghana.

16. COMPLIANCE WITH LAWS

16.1 Your Compliance

You agree to comply with:

  • All applicable local, national, and international laws
  • Industry regulations (PCI-DSS for payments, HIPAA for healthcare, etc.)
  • Third-party platform policies (Google, social platforms, carriers)
  • Data protection laws (GDPR, CCPA, local laws)
  • Anti-spam laws (CAN-SPAM, CASL, local laws)
  • SMS regulations (TCPA, local regulations)

16.2 Our Compliance

  • We comply with applicable laws in our operations
  • We do not guarantee your compliance with laws
  • You should consult legal counsel for regulatory requirements

16.3 International Users

  • Services may not be appropriate in all jurisdictions
  • You are responsible for compliance in your location
  • Some services may be restricted in certain countries

17. MODIFICATIONS TO TERMS

17.1 Our Right to Modify

  • We may update these Terms at any time
  • Changes will be posted on our website
  • Updated Terms include revised “Last Updated” date

17.2 Notice of Changes

  • Significant changes will be notified via email or website notice
  • Continued use after changes constitutes acceptance
  • If you disagree, terminate before changes apply

17.3 Material Changes

Material changes include:

  • Changes to fees or payment terms
  • Changes to liability limitations
  • Changes to dispute resolution
  • Changes to intellectual property rights

18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms, together with our Privacy Policy and service agreements, constitute the entire agreement between parties.

18.2 Severability

If any provision is invalid or unenforceable, the remaining provisions continue in full force.

18.3 Waiver

  • Failure to enforce a right is not a waiver
  • Waivers must be in writing and signed
  • One waiver does not constitute ongoing waiver

18.4 Assignment

  • You may not assign these Terms without our consent
  • We may assign to successors in business

18.5 Force Majeure

We are not liable for delays caused by:

  • Natural disasters
  • Government actions
  • War or terrorism
  • Internet or infrastructure failures
  • Third-party service failures
  • Labor disputes
  • Other events beyond our reasonable control

18.6 Surveys and Feedback

  • You may provide feedback, suggestions, or comments
  • We may use feedback without compensation or attribution
  • Feedback does not create obligations

18.7 No Agency

No partnership, joint venture, or agency is created. You cannot represent us or bind us to agreements.

18.8 Independent Contractors

Our personnel are independent contractors, not your employees.

18.9 Notices

Notices shall be:

  • In writing
  • Sent to addresses on your account
  • Effective upon receipt (email) or 7 days after mailing

18.10 Language

These Terms are provided in English. If translated, English prevails.

18.11 Counterparts

These Terms may be executed electronically and in counterparts.

19. SPECIFIC REGULATORY DISCLAIMERS

19.1 Email Marketing

  • You must comply with CAN-SPAM, CASL, GDPR, and local laws
  • You must obtain consent before sending marketing emails
  • You must honor opt-out requests immediately
  • We do not verify consent or compliance

19.2 SMS Marketing

  • You must comply with TCPA and local SMS regulations
  • You must obtain written consent before SMS marketing
  • You must provide opt-out mechanisms
  • We do not verify consent or compliance

19.3 Data Protection

  • You are the data controller; we are the data processor (where applicable)
  • You must have lawful basis for data collection
  • You must comply with DPA, GDPR, CCPA, and local laws
  • We implement security measures but do not guarantee compliance

19.4 Accessibility

  • We recommend but do not guarantee website accessibility
  • You should comply with ADA, WCAG, and local accessibility laws
  • We do not guarantee accessibility compliance

19.5 Copyright

  • You must not infringe copyright in content you provide
  • We may disable infringing content per DMCA
  • You are responsible for copyright clearance

20. CONTACT INFORMATION

For questions about these Terms:

Contact Cevenost

21. ACKNOWLEDGMENT

BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT:

  1. You have read, understood, and agree to these Terms
  2. You are at least 18 years old or have parental consent
  3. You have authority to bind any entity you represent
  4. You understand we do not guarantee specific results
  5. You accept the limitation of liability
  6. You agree to the dispute resolution process
  7. You understand third-party dependencies
  8. You accept responsibility for compliance with laws
Last Updated: 10th June, 2025.