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Terms & Conditions
Scope, payment, ownership, warranties, and liability, written plainly rather than buried.
These Terms and Conditions (“Terms”) form an agreement between you (“you”, “Client”) and Boundless Opportunities LLC (“we”, “us”, “our”). By accessing this website or engaging our services, you accept these Terms. If you do not accept them, do not use this website or engage us.
1. Definitions
- Services — software development, mobile and web application development, design, integration, testing, maintenance, consultation, and related work we provide.
- Scope Document — the written specification describing deliverables, features, exclusions, timeline, and price for a project.
- Deliverables — source code, designs, documentation, and other materials produced for you under a Scope Document.
- Change Order — a written, priced amendment to an approved Scope Document.
2. Website use
This website is provided for information about our Services. You agree not to use it to transmit unlawful, misleading, or malicious content; to attempt unauthorised access to any system; to scrape or harvest data by automated means without written permission; to submit false contact information; or to interfere with the operation or security of the site. We may restrict access to anyone breaching these Terms.
3. Enquiries, quotes, and formation of contract
Information on this website, including any indication of timeline or capability, is an invitation to discuss and is not a binding offer. A Scope Document and estimate issued to you is valid for 30 days from its date unless stated otherwise.
A contract is formed only when you accept a Scope Document in writing and, where applicable, pay the initial milestone. Where a separate signed Master Services Agreement, Statement of Work, or Scope Document conflicts with these Terms, that signed document governs the conflicting point.
4. Scope of work and changes
We deliver what the approved Scope Document describes and nothing beyond it. Anything not listed is excluded, including features that may reasonably be inferred but are not written down.
Requests outside the approved scope are handled by Change Order. We issue a written description, price, and timeline impact, and work begins only after you approve it in writing. We do not perform out-of-scope work silently and invoice for it afterwards.
5. Fees, invoicing, and payment
- Fees are as stated in the approved Scope Document, in United States Dollars unless stated otherwise.
- Projects are billed against milestones. An initial payment is required before work begins.
- Invoices are payable within 7 days of the invoice date unless the Scope Document states different terms.
- Overdue amounts may accrue interest at 1.5% per month, or the maximum permitted by applicable law if lower.
- We may suspend work on any project with an invoice more than 14 days overdue, after written notice. Timelines extend by the length of any suspension.
- Prices exclude taxes, duties, third-party licences, app store fees, hosting, domain, and subscription costs, which are your responsibility unless expressly included.
- Payment processing fees charged by third-party gateways are not refundable.
6. Refunds and cancellation
Because our work is bespoke and performed to your specification, fees for work already performed are non-refundable. If you cancel, you remain liable for all work completed and all non-cancellable third-party costs committed up to the date we receive written notice, and you receive the Deliverables for the milestones paid in full.
If we cancel other than for your breach or non-payment, we refund any prepaid amounts covering work not yet performed.
7. Your responsibilities
Delivery depends on your input. You agree to:
- Provide content, credentials, accounts, and approvals within the timeframes in the Scope Document, and in any case within 5 business days of a written request.
- Nominate a single decision-maker authorised to approve work on your behalf.
- Warrant that any content, data, trade mark, or material you supply does not infringe third-party rights and complies with applicable law.
- Hold and maintain the accounts required for launch, including app store developer accounts, hosting, and domains.
- Test and review Deliverables at each milestone and report defects promptly.
Delays caused by late feedback, missing content, or unavailable approvals extend the timeline accordingly and may affect price where they require rescheduling.
8. Timelines
Timelines in a Scope Document are good-faith estimates based on the assumptions recorded in that document, including your availability to review and approve work. They are not guarantees, and we are not liable for delays caused by your acts or omissions, Change Orders, third-party platform review processes, or events outside our reasonable control.
9. Intellectual property
9.1 Transfer on payment
On receipt of all sums due, we assign to you all right, title, and interest in the custom Deliverables produced specifically for you under the Scope Document. Until full payment is received, Deliverables remain our property and you have no licence to use them in production.
9.2 Pre-existing and third-party materials
We retain ownership of our pre-existing tools, libraries, frameworks, know-how, and general methodologies, and grant you a perpetual, non-exclusive, royalty-free licence to use them to the extent embedded in the Deliverables. Open-source and third-party components remain subject to their own licences, which are disclosed to you.
9.3 Portfolio use
Unless you tell us otherwise in writing, we may describe the general nature of the work and display non-confidential visual material in our portfolio. We will not disclose your confidential information, source code, or business data in doing so.
10. Confidentiality
Each party agrees to keep the other's non-public business, technical, and commercial information confidential, to use it only for the engagement, and to protect it with at least reasonable care. This obligation continues for 3 years after the engagement ends and does not apply to information that is public through no fault of the receiving party, was already lawfully known, is independently developed, or must be disclosed by law. Either party may request a separate non-disclosure agreement before detailed discussions begin.
11. Warranty and defect correction
We warrant that the Services will be performed with reasonable skill and care and that Deliverables will materially conform to the approved Scope Document. For 30 days after delivery of a milestone, we will correct at no charge any defect causing a Deliverable to fail to conform, provided you report it in writing within that period.
This warranty does not cover issues arising from modifications made by you or a third party, use outside the documented environment, failures of third-party services or platforms, changes to third-party APIs or operating systems, or content and data you supplied.
12. Disclaimers
Except as expressly stated in clause 11, and to the fullest extent permitted by law, the Services, Deliverables, and this website are provided “as is” and “as available”, and we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that software will be uninterrupted or error-free, that every defect can be corrected, or that any particular commercial, revenue, download, ranking, or advertising outcome will be achieved.
13. Limitation of liability
To the fullest extent permitted by law:
- Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profit, revenue, data, goodwill, or business opportunity, however arising.
- Our total aggregate liability arising out of or in connection with an engagement, whether in contract, tort, or otherwise, is limited to the total fees you paid us for that engagement in the 6 months preceding the event giving rise to the claim.
Nothing in these Terms excludes liability that cannot lawfully be excluded, including for fraud, wilful misconduct, or death or personal injury caused by negligence.
14. Indemnity
You agree to indemnify us against claims, damages, and reasonable costs arising from content, data, or materials you supplied, from your use of the Deliverables in breach of these Terms or applicable law, or from your breach of any third-party right.
15. Term and termination
Either party may terminate an engagement on 14 days written notice, or immediately if the other commits a material breach not remedied within 14 days of written notice, or becomes insolvent. On termination you must pay for all work performed and committed third-party costs incurred up to the termination date. Clauses covering payment, intellectual property, confidentiality, disclaimers, liability, indemnity, and governing law survive termination.
16. Force majeure
Neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disaster, war, terrorism, epidemic, labour action, government restriction, failure of internet backbone or utility infrastructure, or failure of a third-party platform or service provider.
17. Independent contractor
We act as an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. Neither party may bind the other.
18. Governing law and disputes
These Terms are governed by the laws of the State of Washington, United States, without regard to its conflict of law rules. The parties agree to attempt in good faith to resolve any dispute by negotiation for 30 days before commencing proceedings. Any dispute not resolved that way is subject to the exclusive jurisdiction of the state and federal courts located in Thurston County, Washington.
19. General
- Entire agreement — these Terms with the applicable Scope Document form the whole agreement and supersede prior discussions.
- Severability — if any provision is held unenforceable, the remainder continues in effect.
- No waiver — failure to enforce a provision is not a waiver of the right to enforce it later.
- Assignment — neither party may assign the agreement without the other's written consent, except to a successor in a merger or sale of substantially all assets.
- Notices — written notices are effective when sent to the email addresses recorded in the Scope Document.
20. Changes to these Terms
We may revise these Terms from time to time. The effective date at the top shows the current version. Revisions apply to website use from the date posted, and to engagements entered into after that date. Existing signed agreements are not changed by a revision to this page.
21. Contact
Boundless Opportunities LLC
7547 13th Ave SE, Lacey, WA 98503, United States
Email: info@boundlessopportunitiesllc.online
Phone: +1 (646) 271-3111
See also our Privacy Policy.