Terms and Conditions

1. Agreement to Terms

Welcome to GENC. These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Client,” “you”), and GENC (“we,” “us,” or “our”), concerning your access to and use of our digital agency services, including but not limited to web development and digital marketing (“Services”).

By engaging our Services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these terms, you are expressly prohibited from using our Services.

2. Scope of Services

GENC provides a range of digital services, including web development, social media management, digital marketing strategy, and content creation.

The specific scope of work, deliverables, timelines, and milestones for any project will be detailed in a separate, written Project Proposal or Statement of Work (SOW). The Project Proposal, once signed by both parties, will be incorporated into and form part of this agreement. In case of any conflict between these Terms and the Project Proposal, the terms of the Project Proposal will prevail.

3. Client Responsibilities

The Client agrees to:

• Provide all necessary assets, content (text, images, logos), and information required for GENC to perform the Services in a timely manner.
• Provide timely feedback, review, and approval of project materials. Delays in Client approval may result in corresponding delays in the project timeline.
• Appoint a single point of contact who is authorized to make decisions on behalf of the Client.
• Warrant that all materials provided to GENC do not infringe on the intellectual property rights of any third party.

4. Fees and Payment Terms

• Quotations: All quotations provided by GENC are valid for [e.g., 30 days] from the date of issue.
• Payment Schedule: The payment schedule will be outlined in the Project Proposal. Typically, a non-refundable deposit (e.g., 50% of the total project fee) is required before work commences.
• Invoicing: Invoices will be sent electronically to the Client’s designated email address. All payments are due within [e.g., 14 days] of the invoice date.
• Late Payments: Payments not received by the due date will incur a late fee of [e.g., 2%] per month on the outstanding amount. GENC reserves the right to suspend all Services until the outstanding balance is paid in full.
• Currency: All fees are quoted and must be paid in [e.g., Indonesian Rupiah (IDR) or United States Dollars (USD)].

5. Intellectual Property Rights

• Client Content: The Client retains all intellectual property rights to the materials they provide to GENC for the project.
• Final Deliverables: Upon receipt of full and final payment from the Client, GENC grants to the Client full ownership and intellectual property rights for the final, approved project deliverables.
• GENC’s Pre-existing IP: GENC retains ownership of all its pre-existing intellectual property, including but not limited to its proprietary software, code libraries, tools, and methodologies used in connection with the Services. The Client is granted a non-exclusive, perpetual, worldwide license to use such pre-existing IP solely as it is incorporated into the final deliverables.

6. Confidentiality

Both parties agree to keep all confidential information (including business strategies, client lists, technical data, and project details) private and not to disclose it to any third party without prior written consent from the other party, both during the term of the project and for a period of [e.g., 3 years] after its completion.

7. Warranties and Disclaimers

• GENC’s Warranty: We warrant that we will perform the Services in a professional and workmanlike manner, in accordance with generally recognized industry standards.
• Disclaimer of Results: While we strive for excellence, GENC does not guarantee any specific business outcomes or results, such as search engine rankings, lead generation targets, or sales increases, as these are dependent on numerous factors beyond our direct control.
• Third-Party Services: GENC is not responsible for the performance, interruptions, or errors of any third-party services used in connection with the project, such as web hosting providers, social media platforms, or third-party plugins.

8. Limitation of Liability

To the maximum extent permitted by law, the total liability of GENC to the Client for any and all claims, damages, or losses arising out of or relating to this agreement shall not exceed the total amount of fees paid by the Client to GENC for the Services from which the claim arose.

9. Term and Termination

• Termination for Convenience: Either party may terminate this agreement with [e.g., 30 days] written notice to the other party.
• Termination for Cause: Either party may terminate this agreement immediately if the other party is in material breach of these Terms and fails to remedy the breach within [e.g., 14 days] of receiving written notice.
• Effect of Termination: Upon termination, the Client shall pay GENC for all Services performed and expenses incurred up to the effective date of termination. Each party shall return or destroy all confidential information of the other party.

10. Governing Law and Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the Republic of Indonesia. Any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the courts located in [e.g., Bandung, West Java].

11. General Provisions

• Entire Agreement: These Terms, together with any executed Project Proposal, constitute the entire agreement between the parties.
• Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations due to causes beyond its reasonable control, such as acts of God, war, or natural disaster.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be in full force and effect.