Terms and Conditions
Effective Date: June 27, 2025
Last Updated: June 27, 2025
1. Introduction and Acceptance
Welcome to Penta Tech Solutions (“we,” “us,” “our,” or “Company”). These Terms and Conditions (“Terms”) govern your use of our website located at pentatechsolutions.com (“Website”) and all related services, including but not limited to website design, logo design, mobile app development, animation services, digital marketing, and branding solutions (“Services”).
By accessing our Website, engaging our Services, or entering into any agreement with Penta Tech Solutions, you (“Client,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please discontinue use of our Website and Services immediately.
These Terms constitute a legally binding agreement between you and Penta Tech Solutions, a business entity operating from 21175 State Highway 249 # 182, Houston, TX 77070-1655, United States. Our commitment to excellence and innovation drives every aspect of our service delivery, and these Terms ensure a transparent, professional relationship between our agency and our valued clients.
2. Service Definitions and Scope
Website Design Services:
Our website design services encompass the creation of visually compelling, user-centric websites that are responsive, optimized for performance, and tailored to reflect your brand identity. This includes but is not limited to layout design, user interface development, content management system integration, mobile optimization, and basic search engine optimization implementation.
Logo Design Services:
Our logo design process involves comprehensive brand research, conceptualization, and creation of distinctive visual identities. Services include initial concept development, design refinement, final logo delivery in multiple formats, and basic brand guideline documentation.
Mobile App Development:
Our mobile application development services cover both Android and iOS platforms, including user interface design, backend development, testing, deployment assistance, and initial post-launch support. We employ agile methodologies to ensure optimal functionality, security, and user experience.
Animation Services:
Our animation offerings include 2D and 3D animations, explainer videos, motion graphics, and promotional content. Services encompass concept development, storyboarding, production, post-production, and delivery in specified formats.
Digital Marketing Services:
Our comprehensive digital marketing solutions include search engine optimization (SEO), pay-per-click advertising (PPC), social media marketing, content creation, email marketing campaigns, analytics reporting, and strategic consultation.
Branding Services:
Our branding services involve comprehensive brand strategy development, visual identity creation, brand guideline establishment, marketing collateral design, and brand positioning consultation.
3. Client Obligations and Responsibilities
Content Provision:
Clients are responsible for providing accurate, complete, and timely content, including but not limited to text, images, videos, logos, and any other materials required for project completion. All provided content must be original or properly licensed, and clients warrant they have the legal right to use and authorize our use of such materials.
Feedback and Approval:
Clients must provide constructive feedback within the timeframes specified in project agreements. Delayed responses may result in project timeline extensions. Final approval of deliverables must be provided in writing or through our designated project management system.
Technical Requirements:
For web and app development projects, clients must provide necessary access credentials, hosting information, and third-party service integrations as required. Clients are responsible for maintaining their own hosting, domain registration, and third-party service subscriptions unless otherwise specified in the project agreement.
Legal Compliance:
Clients warrant that their project requirements, content, and intended use of our deliverables comply with all applicable local, state, federal, and international laws and regulations. This includes but is not limited to copyright, trademark, privacy, and industry-specific regulations.
4. Project Process and Timeline Management
Project Initiation:
All projects begin with a comprehensive consultation to understand your objectives, target audience, and specific requirements. Following this consultation, we provide a detailed project proposal outlining scope, timeline, deliverables, and investment required.
Milestone-Based Delivery:
Our projects are structured around clear milestones with specific deliverables and approval points. Payment schedules are typically aligned with these milestones to ensure transparent progress tracking and mutual accountability.
Revision Process:
Each project phase includes a specified number of revisions. Additional revisions beyond the agreed scope may incur additional charges at our standard hourly rates. Major scope changes require written approval and may affect project timelines and costs.
Timeline Considerations:
Project timelines are estimates based on standard complexity and assume timely client feedback and content provision. External factors such as third-party integrations, regulatory requirements, or major scope changes may affect delivery schedules.
5. Intellectual Property Rights and Ownership
Client Ownership:
Upon full payment of all fees, clients receive ownership of the final deliverables specifically created for their project. This includes custom designs, developed code, and original content created by our team for your exclusive use.
Pre-Existing Materials:
Penta Tech Solutions retains ownership of pre-existing intellectual property, including but not limited to proprietary development frameworks, design templates, code libraries, and methodologies used in project delivery.
Third-Party Materials:
Any third-party materials, stock images, fonts, or software integrated into projects remain subject to their respective licensing terms. Clients are responsible for ensuring ongoing compliance with these licenses.
Portfolio Rights:
We reserve the right to display completed work in our portfolio, case studies, and marketing materials unless specifically restricted by confidentiality agreements. Client names and project details may be used for promotional purposes unless otherwise agreed in writing.
Work-for-Hire:
All custom development, design, and creative work performed by Penta Tech Solutions constitutes work-for-hire under applicable copyright law, with ownership transferring to the client upon full payment completion.
6. Payment Terms and Financial Policies
Payment Structure:
Projects typically require a 50% deposit upon contract signing, with the remaining balance due upon project completion and client approval. Larger projects may be structured with multiple milestone-based payments as outlined in individual project agreements.
Payment Methods:
We accept payments via bank transfer, certified check, and major credit cards. International clients may be subject to additional processing fees and currency conversion charges.
Late Payment Policy:
Invoices are due within 30 days of issuance unless otherwise specified. Late payments incur a service charge of 1.5% per month (18% annually) on outstanding balances. Projects may be suspended for accounts more than 60 days past due.
Refund Policy:
Refunds are available for undelivered work only. Completed and approved work phases are non-refundable. In cases of project cancellation, clients remain responsible for all work completed to the cancellation date.
Additional Services:
Work beyond the original project scope incurs additional charges at our standard hourly rates. These rates are provided in initial project proposals and require client approval before proceeding.
7. Service Level Agreements and Performance Standards
Quality Assurance:
All deliverables undergo comprehensive quality assurance testing before client delivery. This includes functionality testing, cross-browser compatibility, mobile responsiveness, and adherence to modern web standards.
Support Period:
We provide a 90-day warranty period following project completion for bug fixes and functionality issues directly related to our work. This does not include additional features, content updates, or issues arising from third-party service changes.
Performance Guarantees:
While we strive for excellence in all deliverables, we cannot guarantee specific business outcomes such as sales increases, search engine rankings, or conversion rates, as these depend on numerous external factors beyond our control.
Maintenance Services:
Ongoing maintenance and support services are available through separate service agreements. These may include content updates, security monitoring, performance optimization, and technical support.
8. Limitation of Liability and Risk Allocation
Liability Cap:
Our total liability for any claims arising from our services shall not exceed the total amount paid by the client for the specific project in question. This limitation applies regardless of the legal theory under which damages are claimed.
Consequential Damages:
In no event shall Penta Tech Solutions be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, or business interruption, even if we have been advised of the possibility of such damages.
Force Majeure:
We shall not be liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, labor disputes, or significant changes in technology or industry standards.
Third-Party Services:
We are not responsible for the performance, availability, or security of third-party services, hosting providers, or software platforms that may be integrated into your project or recommended as part of our services.
9. Confidentiality and Data Protection
Confidential Information:
We maintain strict confidentiality regarding all client information, business strategies, and proprietary data shared during the course of our professional relationship. Our team members are bound by confidentiality agreements and professional standards.
Data Security:
We implement industry-standard security measures to protect client data and project information. However, we cannot guarantee absolute security of data transmitted over the internet or stored electronically.
Data Retention:
Project files and client data are retained for a period of three years following project completion for support and archival purposes. After this period, data may be securely destroyed unless longer retention is required by law or separate agreement.
Third-Party Disclosure:
Client information will not be disclosed to third parties except as required by law, court order, or with explicit client consent. This does not apply to anonymized data used for industry research or service improvement.
10. Termination and Dispute Resolution
Termination Rights:
Either party may terminate a project agreement with 30 days written notice. In such cases, the client remains responsible for all work completed and approved to the termination date.
Dispute Resolution:
Any disputes arising from these Terms or our services shall first be addressed through good-faith negotiation between the parties. If resolution cannot be achieved within 30 days, disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association.
Governing Law:
These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law principles. Any legal proceedings shall be conducted in the courts of Harris County, Texas.
Severability:
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
11. Modifications and Updates
Penta Tech Solutions reserves the right to modify these Terms at any time. Significant changes will be communicated to active clients via email or through our website. Continued use of our services after such modifications constitutes acceptance of the updated Terms.
For ongoing projects, existing agreements shall remain subject to the Terms in effect at the time of contract signing unless both parties agree to adopt updated Terms.
12. Contact Information and Communication
For questions regarding these Terms or any aspect of our services, please contact us:
Penta Tech Solutions
21175 State Highway 249 # 182
Houston, TX 77070-1655
United States
Email: info@pentatechsolution.com
Website: pentatechsolutions.com
All official communications regarding projects, agreements, or these Terms should be directed to the above contact information. We commit to responding to client inquiries within one business day during normal business hours (Monday through Friday, 9:00 AM to 6:00 PM Central Time).
13. Additional Provisions
Independent Contractor:
Penta Tech Solutions operates as an independent contractor and not as an employee, agent, or partner of the client. We maintain our own business practices, methodologies, and operational procedures.
Entire Agreement:
These Terms, together with any signed project agreements, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements relating to the subject matter.
Assignment:
Clients may not assign their rights or obligations under these Terms without our written consent. Penta Tech Solutions may assign its rights and obligations with reasonable notice to the client.
By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these comprehensive Terms and Conditions. We look forward to a successful partnership that transforms your digital presence and drives your business growth through innovative design and technology solutions.