Terms & Conditions

01Acceptance of Terms

By accessing this website or engaging Dear Agency for any project, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our website or services.

These terms apply to all clients, visitors, and any other persons who access or use our services. We reserve the right to update these terms at any time, and continued use of our services constitutes acceptance of any modifications.

02Services Description

Dear Agency provides a comprehensive range of digital services, including but not limited to:

• Web Development — Custom websites, web applications, landing pages, and content management systems
• Mobile App Development — Native and cross-platform applications for iOS and Android
• UI/UX Design — User interface design, user experience research, wireframing, and prototyping
• E-Commerce Solutions — Online store development, payment gateway integration, and inventory systems
• SEO & Digital Marketing — Search engine optimization, social media marketing, and content strategy
• Custom Software Development — Bespoke software, API development, dashboards, and automation tools
• Messaging & Communication Integrations — WhatsApp Business API, chatbot development, and automated messaging solutions

The specific scope of each project will be outlined in a separate project proposal or agreement document before work commences.

03Client Obligations

As a client, you agree to:

• Provide accurate, complete, and timely information, content, and materials required for the project
• Designate a single point of contact for all project communications
• Review deliverables and provide feedback within the agreed timeframes
• Ensure you have the legal right to use all content, images, trademarks, and materials provided to us
• Obtain any necessary licenses, permissions, or consents required for third-party integrations (including WhatsApp Business API)
• Maintain the confidentiality of any login credentials, API keys, or access tokens provided during the project

04Payments & Pricing

All pricing will be agreed upon before project commencement and documented in a formal proposal or contract. Our standard payment terms include:

Late payments may incur additional charges and may result in project suspension. All prices are quoted in the currency specified in the proposal and are subject to applicable taxes.

05Intellectual Property

Upon full payment of all invoices:

• The client receives full ownership rights to the final deliverables specifically created for their project
• Dear Agency retains the right to use the work in our portfolio, case studies, and marketing materials
• Any pre-existing frameworks, libraries, code snippets, or tools used in the project remain the property of their respective owners
• Third-party licenses (including open-source software, stock images, and fonts) remain subject to their original licensing terms

Until full payment is received, all work product remains the property of Dear Agency.

06Confidentiality

Both parties agree to maintain the confidentiality of all proprietary information shared during the course of the project. This includes but is not limited to: business strategies, technical specifications, user data, API credentials, financial information, and trade secrets.

This obligation of confidentiality survives the termination of the business relationship and remains in effect indefinitely for trade secrets and for a period of two (2) years for other confidential information.

07Third-Party Integrations & WhatsApp API

• Compliance: You are responsible for complying with WhatsApp's Business Policy, Commerce Policy, and all applicable Meta/WhatsApp terms of service. Dear Agency will assist with technical implementation but cannot guarantee approval of your WhatsApp Business Account.
• Business Verification: WhatsApp Business API requires business verification through Meta Business Manager. You must provide accurate business information and documentation for verification.
• Message Templates: All outbound message templates must be approved by WhatsApp/Meta. Dear Agency will help create compliant templates, but approval timelines are controlled by Meta.
• Data Handling: Customer data processed through WhatsApp integrations must comply with applicable data protection laws (GDPR, CCPA, etc.). You are the data controller; Dear Agency acts as a data processor.
• Opt-in Requirements: You must obtain explicit opt-in consent from end-users before sending them messages via WhatsApp. Failure to do so may result in account suspension by Meta.
• API Costs: WhatsApp Business API usage may involve per-conversation or per-message fees charged by Meta or the BSP (Business Solution Provider). These costs are separate from Dear Agency's development fees and are the client's responsibility.
• Service Availability: Dear Agency is not liable for any downtime, changes, or discontinuation of WhatsApp's API service by Meta. We will assist with migration to alternative solutions if needed.
• Rate Limits & Restrictions: WhatsApp imposes messaging rate limits and quality ratings. Sending spam or unsolicited messages may result in account restrictions or permanent ban.

Dear Agency integrates with WhatsApp Business API through authorized Business Solution Providers (BSPs) and follows all official integration guidelines provided by Meta.

08Warranties & Disclaimers

Dear Agency warrants that:

• All work will be performed in a professional and workmanlike manner
• Deliverables will substantially conform to the agreed specifications
• We will not knowingly infringe upon any third-party intellectual property rights

However, we do not guarantee:

• Specific search engine rankings or traffic volumes for SEO services
• Uninterrupted or error-free operation of websites or applications
• Compatibility with all future browser updates, operating system versions, or third-party API changes
• Specific revenue or business outcomes from the delivered products

09Limitation of Liability

To the maximum extent permitted by law, Dear Agency's total liability for any claims arising from our services shall not exceed the total amount paid by the client for the specific project in question.

Dear Agency shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, regardless of the cause of action.

10Termination

Either party may terminate the service agreement by providing written notice:

• By Client: You may terminate at any time with 14 days written notice. Any payments for completed milestones are non-refundable, and any work-in-progress will be billed at the hourly rate.
• By Dear Agency: We reserve the right to terminate a project if the client fails to provide necessary materials for more than 30 days, breaches these terms, or engages in abusive behavior.
• Force Majeure: Neither party shall be liable for delays or failures due to events beyond reasonable control, including natural disasters, pandemics, government actions, or infrastructure failures.

11Project Revisions

Each project includes revision rounds as specified in the project proposal. Additional revisions beyond the agreed scope will be charged at our standard hourly rate. Major scope changes (feature additions, fundamental design changes) require a revised proposal and may affect the project timeline and cost.

12Governing Law

These terms shall be governed by and construed in accordance with the applicable laws of the jurisdiction in which Dear Agency operates. Any disputes arising from these terms or our services shall be resolved through good-faith negotiation, and if necessary, through binding arbitration or the competent courts of the applicable jurisdiction.

13Changes to Terms

Dear Agency reserves the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website. It is your responsibility to review these terms periodically. Continued use of our services after any modifications constitutes acceptance of the updated terms.

14Contact Us

If you have any questions about these Terms and Conditions, please contact us: