ALP Softwares SpA

Terms and Conditions

Read carefully the following terms and conditions that govern our contractual relationship and the use of our services.

1. Scope of Services

1.1 Service Categories

The Developer agrees to provide the Client with services under one of the following categories:

  • Web Development
  • App Development
  • Custom Software

1.2 Project Completion & Payment

  • No payment is required until the project is fully completed and ready for publication.
  • On the completion date, the Client must sign the contract and submit payment before the website/app/software is published.

1.3 Revisions & Modifications

  • The Client may request unlimited revisions at no extra cost, provided they do not require a significant restructuring of the project.
  • Major restructuring refers to changes requiring many modifications to the back-end and functionality of the website. Front-end changes, such as adding text, images, etc., are not considered major restructuring.

1.4 Hosting & Ongoing Services

  • The Developer will host the project and manage its technical infrastructure.
  • A monthly fee (specified in each contract) covers hosting and maintenance and allows the Client to request unlimited modifications, except for significant structural changes.

1.5 Termination & Transfer of Website

  • If the Client chooses to terminate the contract, they must pay one final monthly fee.
  • Upon receiving this final payment, the Developer will transfer all website files, data, and documentation to the Client.

2. Maintenance and Support

  • The Developer will provide maintenance and support Monday to Friday, from 9 AM to 7 PM, through any of the communication outlets with a response time of 1-2 hours.
  • An emergency phone number will be provided for urgent fixes outside of regular hours.
  • Maintenance and updates are not included unless specified in a separate Maintenance Agreement. Developer may offer ongoing support for an additional fee.

3. Confidentiality

Both the Developer and the Client agree to keep all confidential information disclosed during the project private. Neither party shall disclose such information to any third party without the prior written consent of the other party.

4. Warranties and Liability

4.1 Developer Warranties

  • Developer warrants that the work will be original and free from plagiarism.

4.2 Limitations of Liability

The Developer is not responsible for:

  • Content provided by the Client.
  • Downtime or errors caused by third-party services.

The Developer is not liable for any indirect, special, incidental, or consequential damages, including but not limited to loss of profits, even if the Developer has been advised of the possibility of such damages.

4.3 Ownership

The Client is the full website owner, including the codes, files, and any items related to the project. This ownership starts following the third monthly payment. Before the 3rd payment and during development, ALP Softwares reserves all rights and ownership of the project.

5. Payment

5.1 Initial Payment

  • The Client agrees to make an initial payment in full upon project completion and before the website/app/software is published.
  • The payment method is flexible and can be arranged between the Developer and the Client.

5.2 Monthly Fee

  • A monthly fee (specified in the contract) will be charged one month following the date of the initial payment and publication.
  • The monthly fee covers ongoing hosting, maintenance, and the ability for the Client to make unlimited modifications, as long as they are not major restructuring changes.

5.3 Late Payment

  • The monthly fee will be subject to a late payment charge of 5% of the amount due, following a 7-day grace period from the missed payment.
  • If the Client fails to make the monthly payment on time, a late fee may be applied, and the Developer reserves the right to suspend services until the payment is received.

6. Ownership

  • The Client will have full ownership of the website, including all code, files, and any other elements related to the project. This ownership will be effective after the third monthly payment.
  • Until the third payment is completed and during the development phase, ALP Softwares retains all rights and ownership of the project.

7. Dispute Resolution

In the event of a dispute, both parties agree to mediate through a third-party arbitration service to resolve any issues related to this Agreement.

8. Termination for Breach

  • Either party may terminate this Agreement if the other party materially breaches any of the terms and conditions outlined in this Agreement.
  • The party wishing to terminate the Agreement due to a breach must provide written notice to the other party and allow a 30-day cure period from the date of notice.
  • If the breach is not resolved within the 30-day period, the Agreement may be terminated, and the breaching party will be responsible for any outstanding payments due up until the termination date.

9. Entire Agreement

This Agreement constitutes the entire understanding between the Developer and the Client and supersedes all prior agreements, understandings, or negotiations.