1. About these terms
These Terms and Conditions form an agreement between you and Hopekell Micro Systems Enterprise (RC 3335881), trading as Hopekell Technologies (“Hopekell”, “we”, “us” or “our”). By using our websites, platforms or services, placing an order, accepting a proposal, or purchasing a digital product, you agree to these terms and any project proposal, invoice, licence, service-level terms, or marketplace rules that apply to your purchase.
If a signed agreement or accepted proposal conflicts with these general terms, the specific agreement controls for that engagement.
2. Our services and products
We provide website development, custom software, CRM and ERP systems, mobile applications, APIs, UI/UX design, IT training, consulting, SaaS platforms, event technology, downloadable software, templates, scripts, and related digital solutions. Features, timelines, deliverables, support, and pricing are limited to what is stated in the applicable proposal, product description, demo, invoice, or order confirmation.
3. Quotes, scope, and client responsibilities
- Quotes are estimates and remain valid only for the period stated in the quote.
- You must provide accurate requirements, content, access, approvals, and feedback within agreed timelines.
- Work outside the agreed scope, including new features or repeated revisions, may require a change request, additional fees, and a revised delivery date.
- Delays caused by missing information, third parties, or late approvals extend our delivery timeline reasonably.
- You confirm that materials you provide may lawfully be used and do not infringe another person’s rights.
4. Fees and payment
Fees, deposits, milestones, taxes, subscription periods, and payment deadlines are stated in the applicable invoice or agreement. Unless expressly stated otherwise, deposits reserve resources and begin work and are not refundable once work has commenced. We may pause work, withhold delivery, restrict access, or suspend services where an amount is overdue. You remain responsible for approved work already completed and reasonable costs committed to your project.
5. Delivery, review, and acceptance
A service is delivered when the agreed deliverable is supplied, deployed, made available for review, or otherwise completed according to the initial agreement and approved change requests. You must inspect deliverables promptly and report a specific failure to meet the agreed scope within any review period stated in your agreement, or within seven days where no period is stated. Requests for preferences or features not included in the agreed scope do not make a conforming delivery defective.
6. Digital products, demos, and licences
Our digital products may include live demos, screenshots, documentation, feature lists, or previews so that you can assess suitability before purchase. Your purchase grants only the licence described on the product page or relevant marketplace; ownership of the underlying source code, design, brand, and intellectual property does not transfer unless we agree in writing.
You may not resell, redistribute, sublicense, publish, reverse engineer, remove notices from, or use a product beyond its licence. Digital products are non-refundable after purchase or access except where the delivered product is materially different from its description, cannot be provided, or a refund is required by applicable law or binding marketplace rules.
7. Intellectual property
We retain ownership of our pre-existing code, reusable modules, tools, methods, frameworks, know-how, product code, and third-party materials. For custom work, rights in the final bespoke deliverables transfer only to the extent stated in the project agreement and only after full payment. We may identify you as a client and display non-confidential completed work in our portfolio unless we agree otherwise in writing.
8. Accounts, acceptable use, and third parties
You are responsible for account credentials and activity under your account. You must not misuse our services, interfere with security, upload unlawful or harmful content, violate another person’s rights, or use a platform for fraud or abuse. Our solutions may rely on hosting providers, payment processors, app stores, APIs, marketplaces, or other third-party services. Their availability and separate terms are outside our reasonable control.
9. Warranties and limitation of liability
We will perform services with reasonable care and skill and address reproducible defects covered by an agreed warranty or support period. Except for promises expressly stated in writing and rights that cannot legally be excluded, services and products are provided “as available”, without a guarantee of uninterrupted operation, a particular commercial result, or compatibility not stated in the agreed scope.
To the maximum extent permitted by law, we are not liable for indirect, incidental, special, or consequential loss, lost profit, lost data, business interruption, or failures caused by your acts, third parties, or events beyond our reasonable control. Our aggregate liability relating to a claim will not exceed the amount you paid us for the affected product or service during the twelve months before the event giving rise to the claim.
10. Suspension and termination
Either party may terminate an ongoing engagement as allowed by its project agreement. We may suspend or terminate access for non-payment, unlawful conduct, security risks, material breach, or misuse. Termination does not cancel fees for completed work, committed costs, used subscription periods, or licences already supplied. Provisions intended to survive termination—including payment, confidentiality, intellectual property, liability, and dispute terms—will continue.
11. Governing law and disputes
These terms are governed by the laws of the Federal Republic of Nigeria. The parties will first try in good faith to resolve a dispute through written discussion. If it remains unresolved, the courts with competent jurisdiction in Abia State, Nigeria will have jurisdiction, subject to any mandatory consumer right or dispute process that applies.
12. Changes and contact
We may update these terms to reflect changes in our services, operations, or legal obligations. The date above shows the latest revision. Material changes apply prospectively unless the law requires otherwise.
Questions may be sent to info@hopekelltech.com or through our contact page.