Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Orbits LLC ("Company," "we," "us," or "our") concerning your access to and use of our services.

By engaging our services, submitting a project request, or making a payment, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

2. Services Provided

Orbits LLC provides software development and design services, including but not limited to:

• Web application development
• Mobile application development
• UI/UX design services
• Cloud infrastructure solutions
• Technical consulting
• Maintenance and support services

The specific scope of services for each project will be defined in the initial quote/ticket and subsequent project agreement.

3. Project Scope and Requirements

3.1 Initial Quote and Scope Definition

All project requirements, features, and specifications MUST be clearly defined and documented in the initial quote/ticket. This initial documentation serves as the official scope of work and will be logged and retained for the duration of the project and beyond.

It is the Client's responsibility to provide complete, accurate, and detailed requirements during the initial consultation phase. Failure to specify requirements during this phase may result in additional charges or project delays.

3.2 Scope Changes and Additional Features

Any features, functionalities, or requirements not included in the original quote/ticket are considered out of scope and will incur additional charges. This includes but is not limited to:

• New pages or screens not originally specified
• Additional integrations or third-party services
• Changes to core functionality or architecture
• New features or modules
• Significant design revisions beyond agreed rounds
• Additional platforms or devices

3.3 Change Request Process

All change requests must be submitted through Discord and will be reviewed by our team. We will provide a separate quote for any out-of-scope work, which must be approved and paid before work commences on the changes.

4. Payment Terms

4.1 Payment Structure

All projects operate on a 50/50 payment split structure:

• First Payment (50%): Due upon project acceptance and before work begins. This payment confirms your commitment to the project and secures your project slot in our schedule.
• Second Payment (50%): Due upon project completion and before final delivery of source code, files, and assets.

4.2 Non-Refundable Policy

ALL PAYMENTS ARE NON-REFUNDABLE.

Once the initial 50% payment is received, work begins immediately and resources are allocated to your project. Therefore:

• The first 50% payment is non-refundable under any circumstances once work has commenced
• The second 50% payment is non-refundable once the project is completed and ready for delivery
• Partial refunds will not be issued for any reason, including but not limited to: client cancellation, change of mind, business closure, or dissatisfaction
• Failure to provide required materials or respond to communications does not entitle you to a refund

4.3 Payment Methods

We accept payments through secure payment processors. All payment transaction fees are the responsibility of the Client unless otherwise agreed in writing.

4.4 Late Payments

If the second payment is not received within 7 days of project completion notification, we reserve the right to:

• Withhold final project deliverables
• Suspend access to any hosted services
• Charge late payment fees of 5% per week or the maximum allowed by law
• Pursue legal action to recover payment

4.5 Additional Feature Payments

Any additional features or out-of-scope work must be paid in full (100%) before work begins on the changes. These payments are also non-refundable.

5. Communication Policy

5.1 Official Communication Channel

ALL PROJECT COMMUNICATIONS MUST BE CONDUCTED THROUGH DISCORD.

Discord is our exclusive platform for project communication, including:

• Project discussions and updates
• Requirement clarifications
• File sharing and asset delivery
• Feedback and revision requests
• Progress reports
• Support requests

5.2 Communication Logging

All communications conducted through Discord are logged, archived, and retained indefinitely for:

• Legal protection and dispute resolution
• Project documentation and reference
• Quality assurance and accountability
• Compliance and audit purposes

By using our services, you consent to this logging and understand that all project communications are recorded and may be used as evidence in any disputes.

5.3 Client Responsibilities

The Client agrees to:

• Maintain an active Discord account
• Respond to communications within 48 business hours
• Provide timely feedback and approvals as requested
• Use only Discord for all project-related communications
• Keep Discord contact information up to date

5.4 Response Times

We strive to respond to all communications within 24-48 business hours (Monday-Friday, excluding holidays). Urgent matters will be prioritized accordingly.

5.5 External Communication Not Binding

Any communications conducted outside of Discord (email, phone, text, social media, etc.) are not considered official and are not binding. Only communications made through our Discord server are legally recognized for project purposes.

6. Project Timeline and Delivery

6.1 Estimated Timelines

Project timelines are estimates and may vary based on project complexity, client responsiveness, and scope changes. We will provide regular updates on project progress through Discord.

6.2 Delays Due to Client

If delays occur due to client non-responsiveness, delayed feedback, or failure to provide required materials, the project timeline will be adjusted accordingly. Such delays do not entitle the Client to refunds or compensation.

6.3 Project Delivery

Upon project completion, we will notify you through Discord. Final deliverables (source code, files, documentation) will be released only after the second 50% payment is received in full.

7. Revisions and Feedback

7.1 Included Revisions

The number of included revisions is specified in your project plan. Revisions must be within the original scope of work and cannot introduce new features or significant changes to functionality.

7.2 Additional Revisions

Revisions beyond the included number will be charged at an hourly rate or flat fee, to be determined based on the scope of changes requested.

7.3 Revision Requests

All revision requests must be submitted through Discord with clear, detailed descriptions of the changes needed. Vague or unclear requests may result in delays.

8. Intellectual Property Rights

8.1 Client Ownership

Upon receipt of full payment (both 50% installments), the Client receives ownership of the custom code and designs created specifically for their project, subject to the terms below.

8.2 Third-Party Components

Projects may include third-party libraries, frameworks, and open-source components, which remain subject to their respective licenses. We do not claim ownership of or transfer rights to these components.

8.3 Company Rights

We reserve the right to:

• Use general techniques, methodologies, and knowledge gained from the project
• Display the project in our portfolio (with Client approval)
• Reuse non-specific code patterns and solutions

8.4 Client Materials

The Client retains ownership of all materials, content, logos, and assets provided to us. The Client grants us a license to use these materials solely for the purpose of completing the contracted project.

9. Warranties and Disclaimers

9.1 Service Quality

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards.

9.2 No Guarantees

WE DO NOT GUARANTEE:

• Specific business results, revenue, or conversions
• Compatibility with all devices or browsers
• Uninterrupted or error-free operation of the delivered product
• That the product will meet all of the Client's requirements (beyond the agreed scope)
• Third-party service availability or functionality

9.3 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, WE PROVIDE SERVICES "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Client Obligations and Responsibilities

The Client agrees to:

• Provide complete, accurate, and timely information and materials
• Respond to requests for feedback and approvals within reasonable timeframes
• Ensure all content provided is legal, does not infringe on third-party rights, and complies with applicable laws
• Obtain necessary licenses for any third-party content or services
• Not use our services for any illegal or unauthorized purpose
• Maintain adequate security measures for any accounts and access credentials
• Be solely responsible for the content and legality of their project

12. Termination

12.1 Termination by Client

The Client may terminate the project at any time. However, all payments made are non-refundable. If termination occurs after work has begun, the Client forfeits the first 50% payment and receives no deliverables or source code.

12.2 Termination by Company

We reserve the right to terminate a project if:

• The Client fails to make required payments
• The Client is unresponsive for more than 30 days
• The Client breaches these Terms
• The Client engages in abusive or harassing behavior
• The project involves illegal activities or content

In such cases, all payments made remain non-refundable, and we are under no obligation to deliver any work product.

13. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the project. However, this obligation does not extend to information that:

• Is or becomes publicly available
• Was already known to the receiving party
• Is independently developed without use of confidential information
• Must be disclosed by law or court order

14. Indemnification

The Client agrees to indemnify, defend, and hold harmless Orbits LLC, its officers, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

• The Client's use of our services
• Content or materials provided by the Client
• Violation of these Terms
• Infringement of third-party rights by Client materials
• Illegal activities conducted using the delivered product

15. Dispute Resolution

15.1 Good Faith Negotiation

In the event of any dispute, both parties agree to first attempt to resolve the matter through good faith negotiation via Discord.

15.2 Arbitration

If the dispute cannot be resolved through negotiation within 30 days, both parties agree to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the jurisdiction where Orbits LLC is registered.

15.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Orbits LLC is registered, without regard to its conflict of law provisions.

16. Miscellaneous Provisions

16.1 Entire Agreement

These Terms, together with any project-specific agreements and quotes, constitute the entire agreement between the parties and supersede all prior communications and proposals.

16.2 Amendments

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Continued use of our services after changes constitutes acceptance of the modified Terms.

16.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16.4 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16.5 Assignment

The Client may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

16.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to: acts of God, war, terrorism, riots, natural disasters, pandemics, government actions, or internet/telecommunications failures.

17. Contact Information

For questions regarding these Terms of Service, please contact us:

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.