Terms of Service

Welcome to Pragmica. These Terms of Service govern your use of our website and services. By engaging with Pragmica, whether through our website, consultations, or project work, you acknowledge that you have read, understood, and agree to be bound by these terms.

1. Acceptance of Terms

By accessing and using Pragmica's website and services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use our services.

These terms apply to all visitors, users, clients, and others who access or use our services. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates on our website. It is your responsibility to check this page periodically for changes.

2. Services

Pragmica provides comprehensive design, development, and consulting services including but not limited to:

• Brand identity development and visual systems
• UX/UI design for web and mobile applications
• Web and application development
• Product strategy and consulting
• Design system creation and implementation
• Quality assurance and testing
• Ongoing support and maintenance

The specific scope of work, deliverables, timelines, and pricing will be outlined in individual project agreements or statements of work. Each project may have its own terms in addition to these general Terms of Service.

3. Intellectual Property

All content, designs, code, methodologies, and materials created by Pragmica remain our intellectual property until full payment is received and ownership is explicitly transferred as per the project agreement. This includes but is not limited to:

• Design files, mockups, and prototypes
• Source code and technical documentation
• Brand guidelines and style guides
• Custom illustrations and graphics
• Process documentation and methodologies

Upon completion of a project and receipt of full payment, agreed-upon deliverables will be transferred to the client as specified in the contract. Pragmica retains the right to use completed work in our portfolio, case studies, and marketing materials unless otherwise agreed in writing.

Clients are responsible for ensuring they have the legal right to use any materials, content, or assets they provide to us. Clients grant Pragmica a license to use provided materials for the purpose of completing the agreed-upon work.

4. Client Responsibilities

Successful project completion requires active client participation. Clients are responsible for:

• Providing timely, constructive feedback within agreed-upon timeframes
• Supplying necessary materials, content, and assets when required
• Granting access to required systems, platforms, and tools
• Designating a primary point of contact for project communication
• Reviewing and approving deliverables at defined milestones
• Making timely payments according to the agreed schedule
• Ensuring all provided content complies with applicable laws

Delays caused by client inaction, late feedback, or failure to provide necessary materials may result in project timeline extensions and potential additional costs. If client delays extend beyond 30 days, we reserve the right to pause the project or renegotiate timelines and fees.

5. Payment Terms

Payment terms will be specified in individual project contracts. Our standard payment structure typically includes:

• An initial deposit (usually 50%) before work begins
• Milestone payments as outlined in the project agreement
• Final payment upon project completion and delivery

Invoices are due within 14 days of issue unless otherwise specified. Late payments may result in:

• Project work suspension until payment is received
• Interest charges of 1.5% per month on overdue amounts
• Withholding of final deliverables and source files
• Potential termination of the project agreement

All fees are quoted in US dollars unless otherwise specified. Clients are responsible for any bank fees, wire transfer charges, or currency conversion costs.

6. Revisions and Scope Changes

Each project agreement includes a specified number of revision rounds at each milestone. Revisions requested beyond the agreed scope, or requests that constitute new work rather than refinements, will be subject to additional fees.

If the client requests changes to the project scope after work has begun, we will provide a change order outlining the impact on timeline and cost. Work on scope changes will not begin until the change order is approved and any required additional payment is received.

7. Warranties and Guarantees

We warrant that all work will be performed with professional skill and care. For development projects, we guarantee that delivered code will be free from critical bugs and will function as specified in the project agreement for a period of 30 days following final delivery.

This warranty does not cover issues arising from: client modifications to delivered work, third-party integrations or services, hosting environment issues, or normal wear and tear. Any warranty claims must be reported in writing within the warranty period.

8. Limitation of Liability

Pragmica shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use or inability to use our services, including but not limited to loss of profits, data, or business opportunities.

Our total liability to you for any claims arising from our services shall not exceed the total amount paid by you to Pragmica for the specific service in question. This limitation applies whether the claim is based on contract, tort, strict liability, or any other legal theory.

9. Confidentiality

We understand that in the course of our work, clients may share confidential information. We commit to maintaining the confidentiality of all proprietary information shared during our engagement, except as required by law or as necessary to perform our services.

This confidentiality obligation survives the termination of our working relationship. For projects requiring additional confidentiality protections, we are happy to execute a separate Non-Disclosure Agreement.

10. Termination

Either party may terminate a project agreement with written notice. Upon termination:

• The client will be responsible for payment for all work completed up to the termination date
• Pragmica will deliver all completed work and work-in-progress in its current state
• Any deposits or advance payments are non-refundable
• The client must pay any outstanding invoices within 7 days

We reserve the right to terminate a project immediately if: payment is more than 30 days overdue, the client engages in abusive or threatening behavior toward our team, or the client requests work that violates applicable laws or our ethical standards.

11. Dispute Resolution

In the event of any dispute arising from these terms or our services, both parties agree to first attempt resolution through good-faith negotiation. If negotiation fails, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

13. Changes to Terms

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes are posted constitutes acceptance of the modified terms. We will make reasonable efforts to notify active clients of significant changes.

14. Contact

For questions about these Terms of Service or to discuss a project, please contact us at hello@pragmica.com