Terms of Service

1. Acceptance and eligibility

These Terms of Service ("Terms") govern all engagements between ACKINGLOBAL ("we", "us", "our", "the Agency") and any person or entity ("you", "Client") who uses our website, signs a proposal, pays a deposit, or instructs us to begin work in any form.

By engaging our services you confirm that:

• You are at least 18 years of age (or the age of majority in your jurisdiction).
• You have the legal authority to enter into this agreement on behalf of yourself or the organisation you represent.
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, do not engage our services.

2. Services and scope

The specific services, deliverables, timeline, and investment for each engagement are defined in a written proposal, statement of work, or order confirmation ("Project Brief") issued by ACKINGLOBAL before work begins.

The Project Brief, together with these Terms, constitutes the entire agreement between you and us for that engagement. In the event of any conflict, the Project Brief prevails.

Work outside the agreed scope is treated as a change request. Change requests that materially affect the timeline or cost will be quoted separately. No out-of-scope work will commence without your written approval.

We reserve the right to decline any project, at our sole discretion, at any time before work begins.

3. Payment terms

3.1 Standard structure

Standard projects: 50% deposit on project kickoff; 50% balance due on final delivery before handover. Work begins only after the initial payment has cleared.

Milestone projects: Payments tied to agreed milestones as specified in your Project Brief. Each milestone payment is due within seven (7) days of that milestone being marked complete by us.

Monthly retainers: Invoiced at the start of each calendar month, due within seven (7) days of the invoice date.

3.2 Currency and methods

All fees are quoted in US Dollars (USD) unless otherwise agreed in writing. We accept payment via Stripe (card, bank transfer) and Paystack. All applicable taxes, duties, or levies are the Client's responsibility unless explicitly included in the Project Brief.

3.3 Late payment

Invoices unpaid after fourteen (14) days from the due date may incur a late fee of 2% per month (24% per annum) on the outstanding balance, compounding monthly. We reserve the right to pause or suspend all active work on any engagement where any invoice remains unpaid for more than fourteen (14) days, without liability for resulting delays.

3.4 Disputed invoices

If you dispute any invoice in good faith, notify us in writing within five (5) business days of receipt. We will work with you to resolve the dispute. Undisputed portions of an invoice remain due and payable by the original due date.

4. Revisions and change requests

Each engagement includes a defined number of structured revision rounds per deliverable, as specified in your Project Brief. Additional rounds beyond the agreed number are billed at our current hourly rate, which will be confirmed before any extra work begins.

Revision rounds must be submitted as consolidated written feedback in a single communication per round. We do not accept rolling streams of incremental changes as a single revision round.

5. Intellectual property

5.1 Ownership on final payment

Upon receipt of final payment in full, all custom code, design files, graphics, and written content created specifically for your project are assigned to you. You receive full, unrestricted ownership with no ongoing licence fees or conditions.

5.2 Our retained rights

We retain ownership of all pre-existing intellectual property, including proprietary tools, frameworks, libraries, internal systems, and reusable components developed independently of your engagement. Where such components are incorporated into your project, you receive a perpetual, royalty-free, non-exclusive licence to use them as part of the delivered work.

5.3 Portfolio use

We may display and reference your completed project as portfolio work, including on our website, in case studies, and in marketing materials, unless you request otherwise in writing before the project kickoff. We will not disclose confidential business information in any portfolio reference.

5.4 Your content

You represent and warrant that any content, materials, images, or data you provide to us for use in your project does not infringe any third-party intellectual property rights. You indemnify us against any claim arising from your content.

6. Client responsibilities

Timely project delivery depends on your active participation. You agree to:

• Provide all required content, materials, brand assets, and access credentials promptly and within agreed timeframes.
• Designate a single point of contact with authority to approve deliverables and provide consolidated feedback.
• Review and approve or reject deliverables within the timeframe specified in the Project Brief (typically 5-7 business days unless otherwise agreed).
• Make payments on time as set out in Section 3.
• Notify us promptly of any changes to your requirements, timeline, or business circumstances that may affect the project.

Project timelines are extended by the same number of days that Client-side delays occur. We are not responsible for late delivery caused by your failure to provide content, approvals, or responses within agreed timeframes. If a project is placed on hold for more than sixty (60) days due to client inactivity, we reserve the right to treat the engagement as cancelled and retain all payments received to that point.

7. Acceptable use

You must not engage our services to create, develop, or publish any content or system that:

• Is unlawful, fraudulent, defamatory, obscene, or harmful in any jurisdiction.
• Infringes any intellectual property, privacy, or other rights of any third party.
• Promotes illegal activity, hate speech, discrimination, or violence.
• Constitutes spam, phishing, or any form of deceptive communication.
• Is designed to harm, exploit, or mislead consumers or competitors.

We reserve the right to terminate an engagement immediately and without refund if we discover that our services are being used in violation of this section.

8. Hosting, domain, and infrastructure

8.1 Managed hosting (where included in your package)

Where your Project Brief includes domain registration and hosting, ACKINGLOBAL will register the domain name and configure hosting on your behalf as part of the project. Domain ownership remains with you at all times. Full credentials are provided to you at project completion.

Continued hosting and domain management after the first year is subject to a separate Annual Maintenance Agreement. ACKINGLOBAL does not make websites live without a signed Maintenance Agreement or Self-Managed Transfer Agreement in place.

8.2 Client-owned infrastructure

Where you already hold your own domain registration and hosting account, you agree to provide valid login credentials within five (5) business days of project kickoff. All credentials are handled with strict confidentiality and used solely for the purpose of your project.

A one-time infrastructure setup fee applies to cover the technical work of connecting, configuring, deploying, and securing your website on your existing infrastructure. This fee is non-refundable once work has commenced.

ACKINGLOBAL reserves the right to assess the suitability of your existing hosting. Where hosting is found to be inadequate for the project requirements, you will be notified in writing before work proceeds. No deployment will be made on infrastructure that cannot support the agreed deliverables.

8.3 Third-party services

Any third-party service costs incurred during or after the project that are not explicitly included in your Project Brief are your responsibility. We are not liable for any failure, outage, price change, or change in terms by any third-party provider outside our control.

8a. Annual maintenance plan

The Annual Maintenance Plan is a recurring annual service under which ACKINGLOBAL manages your domain renewal, hosting renewal, SSL certificate renewal, security monitoring, and uptime monitoring on your behalf.

The annual maintenance fee covers a twelve (12) month period from your website launch date or most recent renewal date. An invoice is issued thirty (30) days before your renewal date. Payment is due no later than fourteen (14) days before the renewal date. ACKINGLOBAL handles all technical renewals automatically upon receipt of payment.

The Annual Maintenance Plan covers infrastructure management only. Content updates, design changes, new pages, new features, and software upgrades are billed separately at current project rates.

Either party may cancel the Annual Maintenance Plan with thirty (30) days written notice. On cancellation, all credentials and files are transferred to you within seven (7) business days. A handover administration fee applies.

8b. Non-payment and website suspension

If an Annual Maintenance Plan invoice remains unpaid after the due date, a fourteen (14) day grace period applies during which payment reminder notices are sent. If payment is not received after the grace period has elapsed, your website will be suspended until payment is received in full.

ACKINGLOBAL is not liable for any business losses, revenue losses, or reputational damage resulting from suspension due to non-payment. Suspension does not delete or destroy your data. All files and services are restored immediately upon receipt of payment. No restoration fee applies.

8c. Self-managed transfer

Where you elect not to continue with the Annual Maintenance Plan, you may request a Self-Managed Transfer. Upon receipt of the transfer fee, ACKINGLOBAL will transfer full control of your domain, hosting, and website files to accounts of your choosing within five (5) business days.

Once transfer is complete and confirmed by you in writing, ACKINGLOBAL accepts no responsibility for domain renewals, hosting renewals, SSL certificates, uptime, security, or technical issues of any kind. You become solely responsible for all ongoing maintenance.

A thirty (30) day defect warranty applies from the date of transfer. Defects in the originally delivered work are corrected at no charge. This warranty does not cover issues arising from changes made by you or any third party after transfer is complete.

9. Confidentiality

Each party agrees to keep confidential any non-public information of the other party that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.

We will not disclose your business strategy, unpublished materials, client data, or financial information to any third party without your prior written consent, except where disclosure is required by law.

This obligation survives termination of the engagement for a period of three (3) years.

10. Warranties and disclaimers

10.1 Our warranties

We warrant that:

• We have the right to enter into this agreement and provide the services described.
• Our work will be performed with reasonable skill and care and in accordance with professional standards for our industry.
• Deliverables will materially conform to the specifications in the Project Brief.
• We will fix defects in our delivered work reported within thirty (30) days of handover at no additional charge.

10.2 Disclaimer of other warranties

EXCEPT AS EXPRESSLY SET OUT IN SECTION 10.1, OUR SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE MAKE NO FURTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that your website will achieve specific search engine rankings, conversion rates, revenue outcomes, or any particular business result. SEO, performance, and business outcomes depend on many factors outside our control.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

• Our total aggregate liability to you under or in connection with any engagement is limited to the total fees paid by you to us for that specific engagement in the twelve (12) months preceding the event giving rise to the claim.
• We are not liable for any indirect, consequential, special, incidental, or punitive damages, including but not limited to: lost revenue, lost profits, loss of business opportunity, loss of goodwill, loss of data, or business interruption, even if we have been advised of the possibility of such damages.
• We are not liable for any loss or damage caused by third-party services, hosting providers, or events outside our reasonable control.

Nothing in these Terms excludes or limits liability that cannot be excluded by law, including liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless ACKINGLOBAL, its officers, employees, and contractors from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms.
• Content or materials you provided that infringe any third-party rights.
• Your use of the deliverables in a manner not contemplated by these Terms or applicable law.
• Any claim by a third party relating to your business, products, or services.

13. Termination

Either party may terminate an engagement by giving fourteen (14) days' written notice to the other.

On termination:

• You owe payment for all work completed and delivered up to the date of termination, calculated on a pro-rata basis.
• Where a project is cancelled after kickoff, deposits paid are non-refundable unless the cancellation is due to our material breach.
• We will deliver all completed work in progress to you within ten (10) business days of termination.

We may terminate an engagement immediately and without notice if you breach these Terms and fail to remedy the breach within seven (7) days of written notice, or if you engage in any activity described in Section 7.

For full details of refund entitlements on cancellation, see our Refund Policy.

14. Force majeure

Neither party is liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond that party's reasonable control, including but not limited to: acts of God, natural disasters, pandemic or epidemic, war, terrorism, riots, government action, power outages, internet or telecommunications failures, or cyberattacks.

The affected party must notify the other in writing as soon as practicable. If a force majeure event continues for more than sixty (60) days, either party may terminate the affected engagement on written notice without liability, subject to payment for work completed to that point.

15. Dispute resolution

We believe most disputes can be resolved through direct, good-faith communication. Before initiating any formal proceeding, the parties agree to:

1. Direct negotiation - notify the other party in writing with a description of the dispute and proposed resolution. The parties will negotiate in good faith for at least twenty-one (21) days.
2. Mediation - if negotiation fails, either party may request non-binding mediation through a mutually agreed mediator. Costs of mediation are shared equally.
3. Arbitration or litigation - if mediation fails or is declined, disputes may be resolved through binding arbitration or litigation as set out in Section 16.

16. Governing law and jurisdiction

These Terms are governed by the laws applicable in the jurisdiction where ACKINGLOBAL is registered, without regard to conflict of law principles.

For clients in the European Union or United Kingdom, nothing in these Terms affects your statutory rights as a consumer or business under local law, including your right to bring proceedings in the courts of your country of residence.

For clients in the United States, any dispute not resolved through the process in Section 15 will be subject to the exclusive jurisdiction of the courts in the jurisdiction where ACKINGLOBAL is registered.

17. Consumer protection rights

If you are a consumer (a natural person acting for purposes outside your trade, business, or profession), the following applies:

• EU/UK consumers - your statutory rights under EU Directive 2011/83/EU (Consumer Rights Directive) and UK Consumer Rights Act 2015 are not affected by these Terms. This includes your right to withdraw from a distance contract within 14 days of entering into it, unless the service has already commenced at your express request.
• Australian consumers - your rights under the Australian Consumer Law (Competition and Consumer Act 2010, Schedule 2) are not affected by these Terms. Our services come with guarantees that cannot be excluded.
• Canadian consumers - your provincial consumer protection rights apply regardless of these Terms.

Nothing in these Terms is intended to restrict, exclude, or modify any rights you have under mandatory consumer protection laws in your jurisdiction.

18. General provisions

18.1 Entire agreement

These Terms, together with the applicable Project Brief and our Privacy Policy, constitute the entire agreement between you and ACKINGLOBAL with respect to the subject matter and supersede all prior agreements, representations, and understandings.

18.2 Amendments

We may update these Terms from time to time. Updated Terms will be posted on this page with a revised date. For active engagements, we will notify you of material changes at least 14 days before they take effect. Continued engagement with our services after that date constitutes acceptance.

18.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed from the Terms if modification is not possible. The remaining provisions continue in full force and effect.

18.4 Waiver

Our failure to enforce any provision of these Terms on any occasion does not constitute a waiver of that provision or our right to enforce it in the future. No waiver is effective unless made in writing and signed by us.

18.5 Assignment

You may not assign, transfer, or sub-licence your rights or obligations under these Terms without our prior written consent. We may assign our rights or obligations (for example, in the event of a merger or acquisition) on reasonable notice to you.

18.6 Notices

All notices under these Terms must be in writing and sent by email. Notices to us should be sent to hello@ackinglobal.com. Notices to you will be sent to the email address associated with your account or engagement.

18.7 No partnership or agency

Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between the parties. Neither party has the authority to bind the other in any way.

19. Contact

Questions about these Terms: hello@ackinglobal.com

Website: https://ackinglobal.com