Terms of Service

1. Services Provided

Entercom Digital Agency provides the following services:

• AI & Automation: AI agent development, business process automation, machine learning solutions
• Software Development: Web applications, custom software, mobile apps, full-stack development
• IT Services: IT consulting, cloud infrastructure (AWS, Azure, Google Cloud), system integration
• Digital Marketing: SEO, SEM, social media marketing, content marketing, analytics
• Consulting: Technology strategy, digital transformation, technical advisory

Specific services will be detailed in individual project proposals, statements of work (SOW), or service agreements.

2. Engagement Process

2.1 Initial Consultation

We offer a free initial consultation to understand your requirements. This does not constitute a binding agreement.

2.2 Proposal and Quote

Based on the consultation, we will provide:

• Detailed project scope and deliverables
• Timeline and milestones
• Pricing and payment terms
• Terms and conditions specific to the project

2.3 Acceptance

Services commence upon written acceptance of our proposal (email, signed contract, or payment of deposit).

3. Pricing and Payment Terms

3.1 Payment Structure

We offer flexible payment structures:

• Fixed Price: Total project cost agreed upfront
• Time & Materials: Hourly or daily rates for ongoing work
• Retainer: Monthly fee for continued services
• Milestone-Based: Payments tied to project milestones

3.2 Payment Schedule

Typical payment schedule:

• Deposit: 30-50% upfront before work begins
• Progress Payments: At agreed milestones (if applicable)
• Final Payment: Upon project completion and client approval

3.3 Payment Methods

We accept:

• Bank transfer (SEPA, SWIFT)
• Credit/Debit cards
• PayPal, Wise, Revolut
• Cryptocurrency (upon request)

3.4 Late Payments

Invoices are due within 14 days of issue unless otherwise agreed. Late payments may incur:

• Interest at 5% per month on overdue amounts
• Suspension of services until payment is received
• Withholding of deliverables

3.5 Taxes and VAT

All prices are exclusive of taxes unless stated otherwise. Applicable VAT will be added for EU clients based on current legislation.

4. Client Responsibilities

To ensure successful project delivery, the Client agrees to:

• Timely Communication: Respond to queries within 2 business days
• Content and Assets: Provide necessary content, images, logos, and materials
• Access: Provide access to required systems, accounts, and credentials
• Feedback: Provide clear feedback within agreed review periods
• Decision Making: Make timely decisions to avoid project delays
• Payment: Make payments according to the agreed schedule

Note: Delays caused by Client inaction may result in extended timelines and additional costs.

5. Project Timeline and Delays

5.1 Estimated Timelines

Project timelines are estimates based on the information provided and assume timely Client cooperation. They are not guarantees unless explicitly stated in writing.

5.2 Delays Beyond Our Control

We are not liable for delays caused by:

• Client delays in providing materials or feedback
• Third-party service failures (hosting, APIs, integrations)
• Force majeure events (natural disasters, pandemics, war, etc.)
• Changes to project scope

5.3 Expedited Services

Rush or expedited services may be available for an additional fee (typically 25-50% premium).

6. Scope Changes and Revisions

6.1 Included Revisions

Each project includes a specified number of revision rounds (typically 2-3) as outlined in the proposal.

6.2 Additional Revisions

Revisions beyond the included number will be charged at our hourly rate or agreed upon separately.

6.3 Scope Creep

Requests that fall outside the original project scope will be treated as new work and billed separately. This includes:

• Additional features or functionality
• New pages or sections
• Integration with new third-party services
• Significant design changes

6.4 Change Requests

All scope changes must be documented in writing and approved by both parties before implementation.

7. Intellectual Property Rights

7.1 Client-Provided Materials

Client retains all rights to materials provided to us (content, images, logos, etc.). Client grants us a license to use these materials solely for the purpose of delivering services.

7.2 Deliverables

Upon full payment, Client receives:

• Custom Code: Full ownership of custom-developed code
• Design Assets: Rights to use final approved designs
• Content: Rights to content created specifically for the Client

7.3 Entercom Property

We retain rights to:

• Pre-existing code libraries and frameworks
• Development methodologies and processes
• General knowledge and experience gained
• Portfolio rights (with Client approval)

7.4 Third-Party Components

Projects may include third-party software, plugins, or libraries subject to their own licenses (MIT, GPL, etc.). Client is responsible for complying with these licenses.

7.5 Portfolio Rights

Unless agreed otherwise, we reserve the right to showcase completed projects in our portfolio, case studies, and marketing materials.

8. Warranties and Guarantees

8.1 Our Warranties

We warrant that:

• Services will be performed professionally and competently
• Deliverables will substantially conform to agreed specifications
• We have the right to provide the services
• Work will be original and not infringe third-party rights

8.2 Bug Fixes and Support

We provide:

• Warranty Period: 30-90 days (as specified in proposal) for bug fixes
• Scope: Fixes for defects in functionality described in original scope
• Exclusions: Issues caused by Client modifications, third-party services, or hosting problems

8.3 Disclaimer

Except as expressly stated, we provide services "as is" without warranties of any kind. We do not guarantee:

• Uninterrupted or error-free operation
• Specific business results or ROI
• Search engine rankings or traffic
• Compatibility with all devices or browsers (unless specified)

9. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability for any claim shall not exceed the amount paid by Client for the specific service giving rise to the claim
• We are not liable for indirect, incidental, consequential, or punitive damages
• We are not liable for loss of profits, revenue, data, or business opportunities
• We are not liable for third-party services, hosting, or infrastructure failures

Exceptions: This limitation does not apply to liability arising from gross negligence, willful misconduct, or as prohibited by applicable law.

10. Confidentiality

Both parties agree to keep confidential information disclosed during the engagement confidential, unless:

• Information is publicly available
• Disclosure is required by law
• Information was independently developed
• Written consent is obtained

For enhanced protection, a separate Non-Disclosure Agreement (NDA) can be executed upon request.

11. Termination

11.1 Termination by Client

Client may terminate the engagement with 14 days written notice. Upon termination:

• Client pays for all work completed to date
• Client receives deliverables completed at time of termination
• Deposit is non-refundable

11.2 Termination by Entercom

We may terminate immediately if:

• Client fails to make payment
• Client breaches these Terms
• Client provides false information
• Continued engagement is not feasible

11.3 Effect of Termination

Upon termination, all outstanding payments become immediately due, and access to work in progress may be restricted until payment is received.

12. Dispute Resolution

12.1 Negotiation

Parties agree to attempt to resolve disputes through good-faith negotiation before pursuing other remedies.

12.2 Mediation

If negotiation fails, parties may agree to mediation before an independent mediator.

12.3 Governing Law and Jurisdiction

These Terms are governed by the laws of Albania. Disputes shall be subject to the exclusive jurisdiction of the courts of Pogradec, Albania, unless otherwise agreed.

13. General Provisions

13.1 Entire Agreement

These Terms, together with any proposals, SOWs, or contracts, constitute the entire agreement between the parties.

13.2 Amendments

We may update these Terms from time to time. Continued use of services constitutes acceptance of updated Terms.

13.3 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

13.4 Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

13.5 Assignment

Client may not assign or transfer these Terms without our written consent. We may assign these Terms to affiliated entities.

13.6 Force Majeure

Neither party is liable for failure to perform due to circumstances beyond reasonable control (natural disasters, war, pandemic, government actions, etc.).

14. Contact Information

For questions about these Terms of Service, please contact: