Terms & Conditions

Last Updated: January 2024

1. Agreement to Terms

Welcome to Binary Shilders ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms," "Agreement") govern your use of our website, services, and all related products and services provided by Binary Shilders.

By accessing and using our website, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions contained herein. If you do not agree with any part of these Terms and Conditions, you may not use our services.

2. Definitions

"Services" refers to website development, maintenance, updates, bug fixes, VAPT (Vulnerability Assessment and Penetration Testing), SEO optimization, and social media security services provided by Binary Shilders

"Client" or "You" refers to the individual or entity engaging Binary Shilders for services

"Website" refers to binaryshields.com and all related domains and subdomains

"Confidential Information" means non-public information disclosed by either party related to the services

3. Services Offered

Website Services: Website creation and design, maintenance and updates, bug fixes and technical support, optimization and performance enhancement.

Cybersecurity Services: Vulnerability Assessment and Penetration Testing (VAPT), security audits and code reviews, security recommendations and remediation support.

Digital Marketing Services: SEO optimization and social media security management services to improve your online presence and protect your digital assets.

The scope of services will be defined in a separate Service Agreement or Statement of Work (SOW) between Binary Shilders and the Client.

4. User Responsibilities

By using our website and services, you agree to:

  • Provide accurate, current, and complete information in all requests and interactions
  • Maintain the confidentiality of your account credentials and passwords
  • Notify us immediately of any unauthorized access or security breaches
  • Comply with all applicable laws and regulations
  • Not engage in any illegal, harmful, or abusive activities
  • Not attempt to gain unauthorized access to our systems or other users' accounts
  • Not disrupt or interfere with our website or services
  • Provide access to your systems and data as necessary for service delivery
  • Implement security recommendations provided by our cybersecurity team

5. Intellectual Property Rights

All content, materials, designs, code, and services provided by Binary Shilders are the intellectual property of Binary Shilders or our licensed partners. You may not reproduce, distribute, modify, or create derivative works from our intellectual property without explicit written consent.

You retain all rights to your original content, data, and intellectual property. By providing your content to Binary Shilders, you grant us a limited license to use, modify, and display your content solely for the purpose of delivering our services.

Custom website designs, code, and other deliverables created specifically for you become your property upon full payment. However, Binary Shilders retains the right to use general methodologies, frameworks, and reusable components in future projects.

Our deliverables may include third-party libraries, frameworks, and open-source components. These are governed by their respective licenses, and you agree to comply with those licenses.

6. Payment Terms

Pricing and Invoicing: Pricing for services will be specified in individual Service Agreements or quotes. Invoices are due within 30 days of issuance.

Payment Methods: We accept payments via bank transfer, credit cards, and other methods specified in your Service Agreement.

Late Payments: Late payments may result in suspension of services, late payment fees, or legal action to recover outstanding amounts.

Refund Policy: Refunds for services are at the discretion of Binary Shilders and will be evaluated on a case-by-case basis. Once work has been initiated, refunds may be limited or denied.

Taxes: You are responsible for any applicable taxes related to your use of our services.

7. Limitation of Liability

Our website and services are provided on an "AS-IS" and "AS-AVAILABLE" basis without warranties of any kind. Binary Shilders disclaims all express and implied warranties, including fitness for a particular purpose, merchantability, and accuracy of content.

While we strive to provide quality services, Binary Shilders does not guarantee specific security improvements, SEO rankings, website performance metrics, or freedom from all security threats. Security is an ongoing process, and no website can be guaranteed 100% secure.

To the maximum extent permitted by law, Binary Shilders shall not be liable for indirect, incidental, special, or consequential damages, loss of profits or data, or any damages arising from security breaches. Our total liability shall not exceed the amount you paid for services in the 12 months preceding the claim.

8. Confidentiality

Both parties agree to maintain the confidentiality of sensitive information disclosed during the course of our business relationship, including security vulnerabilities, business strategies, financial information, and personal data.

Confidential information may be disclosed only with written consent or when required by law, court order, or regulatory requirement. We will provide reasonable notice of required disclosures when legally permissible.

VAPT and security assessment reports are confidential and should not be shared with unauthorized third parties without written consent from Binary Shilders.

9. Termination

You may terminate service agreements with Binary Shilders by providing written notice. Termination terms and any associated penalties will be specified in your Service Agreement.

Binary Shilders may terminate services for non-payment after 60 days past due, breach of these Terms and Conditions, engagement in illegal activities, violation of service usage policies, or refusal to cooperate with security recommendations.

Upon termination, outstanding invoices remain due and payable, all access to services will be revoked, confidentiality obligations continue indefinitely, and the client assumes responsibility for all systems and data.

10. Indemnification

You agree to indemnify, defend, and hold harmless Binary Shilders, its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including attorneys' fees) arising from your use of our website or services, your violation of these Terms and Conditions, your violation of applicable laws, your violation of third-party rights, or content you provide to us.

11. Compliance with Laws

You agree to use our website and services in compliance with all applicable laws, regulations, and industry standards, including data protection regulations (GDPR, CCPA, Bangladesh data laws), export control and sanctions regulations, anti-spam and anti-phishing laws, and intellectual property laws.

You agree NOT to use our services for illegal activities, hacking or unauthorized access, creating malware, harassment, phishing attacks, violating intellectual property rights, or transmitting viruses or harmful code.

12. Website Availability and Maintenance

Binary Shilders strives to maintain 99% uptime on our website and services, excluding scheduled maintenance. However, we do not guarantee continuous availability.

We may perform scheduled maintenance during off-peak hours with minimal notice. We will attempt to provide advance notification of significant maintenance events.

Binary Shilders is not liable for any damages or losses resulting from service interruptions, whether planned or unplanned.

13. Third-Party Links and Services

Our website may contain links to third-party websites and services. Binary Shilders is not responsible for the content, accuracy, or legality of third-party websites, your interactions with third-party services, or the security or privacy practices of third parties.

Your use of third-party services is governed by their respective terms and conditions. We encourage you to review third-party privacy policies and terms before engaging with their services.

14. Dispute Resolution

These Terms and Conditions are governed by and construed in accordance with the laws of Bangladesh, without regard to its conflict of law principles.

Both parties agree to submit to the exclusive jurisdiction of the courts located in Bangladesh for resolution of any disputes arising from these Terms and Conditions or your use of our services.

Before pursuing formal legal action, the parties agree to attempt to resolve disputes through good-faith negotiation and discussion for a period of 30 days.

15. Modifications to Terms

Binary Shilders reserves the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after such changes constitutes your acceptance of the updated Terms.

For significant changes, we will provide reasonable notice (at least 30 days) via email or website notification. If you do not agree with the modified terms, you may discontinue your use of our services.

16. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. The remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any separate Service Agreements, constitute the entire agreement between you and Binary Shilders regarding your use of our website and services. All previous negotiations, agreements, and understandings are superseded by this Agreement.

18. Contact Information

Company: Binary Shilders

Email: legal@binaryshilders.com

Phone: [Your Phone Number]

Address: [Your Business Address]

We will respond to your inquiries within 5-7 business days.

© 2024 Binary Shilders. All rights reserved.

These Terms & Conditions are legally binding. Please read them carefully before using our services.