Terms of Service

Last updated: January 1, 2024

Important: These Terms of Service govern your use of Trick Earth's services and website. By using our services, you agree to be bound by these terms.

1. Acceptance of Terms

By accessing and using the services provided by Trick Earth Ltd ("we," "our," or "us"), you accept and agree to be bound by the terms and provision of this agreement.

If you do not agree to abide by the above, please do not use this service.

2. Description of Service

Trick Earth provides software development services, SaaS platform development, cloud migration services, enterprise integration solutions, and related consulting services ("Services").

Our Services include but are not limited to:

  • Custom software development
  • SaaS platform creation and maintenance
  • Cloud infrastructure migration and management
  • Enterprise system integration
  • Technical consulting and support

3. User Accounts and Responsibilities

Account Registration

To access certain Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for safeguarding the password and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

Prohibited Uses

You may not use our Services:

  • For any unlawful purpose or to solicit others to take unlawful actions
  • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
  • To submit false or misleading information
  • To upload or transmit viruses or any other type of malicious code

4. Service Agreements and Contracts

Specific Services will be governed by separate service agreements or statements of work ("SOW") that will detail:

  • Scope of work and deliverables
  • Project timelines and milestones
  • Payment terms and pricing
  • Intellectual property arrangements
  • Confidentiality obligations

In the event of conflict between these Terms of Service and a specific service agreement, the service agreement shall prevail.

5. Payment Terms

Fees and Billing

Payment terms for specific Services will be outlined in the relevant service agreement. Unless otherwise specified:

  • Invoices are payable within 30 days of receipt
  • Late payments may incur interest charges
  • All fees are exclusive of applicable taxes
  • Refunds are subject to the terms of the specific service agreement

Suspension of Services

We reserve the right to suspend or terminate Services for non-payment after providing reasonable notice.

6. Intellectual Property Rights

Our Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Trick Earth Ltd and its licensors. The Service is protected by copyright, trademark, and other laws.

Client Intellectual Property

Clients retain ownership of their data, content, and pre-existing intellectual property. We will only use client intellectual property as necessary to provide the agreed Services.

Work Product

Ownership of work product created during the provision of Services will be specified in the relevant service agreement.

7. Confidentiality

We understand that you may provide us with confidential information. We agree to:

  • Keep all confidential information strictly confidential
  • Use confidential information only for the purpose of providing Services
  • Not disclose confidential information to third parties without consent
  • Return or destroy confidential information upon request

8. Data Protection and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

We comply with UK GDPR and applicable data protection laws in our handling of personal data.

9. Warranties and Disclaimers

Service Warranties

We warrant that our Services will be performed in a professional and workmanlike manner in accordance with industry standards.

Disclaimers

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

IN NO EVENT SHALL TRICK EARTH LTD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless Trick Earth Ltd from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Service
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including any copyright, property, or privacy right

12. Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive termination.

13. Governing Law and Jurisdiction

These Terms shall be interpreted and governed by the laws of England and Wales, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

15. Contact Information

If you have any questions about these Terms of Service, please contact us:

Trick Earth Ltd

25 Cavendish Square
London W1G 0PN
United Kingdom

Email: [email protected]

Phone: +44 20 7946 0958