Last Updated: December 13, 2024
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Openchains.shop website ("the Service") operated by Openchains Technologies ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service, including clients engaging our website development services and customers purchasing electronics.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
1. Definitions
- 'Company,' 'We,' 'Us,' 'Our': Refers to Openchains Technologies and its operators.
- "Client," "You": Refers to any individual, business, or entity engaging our website development services.
- "Customer": Refers to any individual, business, or entity purchasing electronics from Openchains Technologies.
- "Services": Refers collectively to the website development services and the sale of electronics offered by Openchains Technologies.
- "Project": Refers to a specific website development undertaking agreed upon between the Company and the Client.
- "Website": Refers to the digital product developed by Openchains Technologies for the Client as part of a Project.
- "Electronics": Refers to any electronic products offered for sale by Openchains Technologies through its website.
- "Contract Expiry": The date after which the grace period for a Project ends, and the Client's right to complete payment for and own the Project ceases.
2. Website Development Services
2.1. Agreement and Scope of Work
- All website development Projects will be governed by a separate Project Proposal or Service Agreement which, once signed by both parties, shall form an integral part of these Terms.
- The Project Proposal will detail the scope of work, features, functionality, deliverables, and estimated timelines for the Website.
- Any work or features requested by the Client outside the agreed-upon scope of work may incur additional charges and require a revised Project Proposal.
- The Client is solely responsible for providing all necessary content (text, images, logos, videos, etc.) in a timely manner as required for the Project. Delays in content provision may impact the Project timeline.
- A reasonable number of revision rounds will be specified in the Project Proposal. Additional revisions may be subject to extra charges.
2.2. Payment Terms
- Initial Deposit: The Client is required to pay a non-refundable upfront deposit of 35% (thirty-five percent) of the total Project cost before any work commences. No work will begin until this deposit is received and cleared. This deposit covers initial setup, planning, and resource allocation.
- Remaining Balance: The outstanding 65% (sixty-five percent) of the Project cost, along with any agreed-upon additional charges for out-of-scope work, shall be paid by the Client according to the payment schedule outlined in the Project Proposal.
- Ownership Transfer: Ownership of the developed Website, including all intellectual property rights (except as specified in Section 2.6), shall only transfer to the Client upon receipt of full and final payment of the entire Project cost by the Company. Until full payment is received, the Website remains the sole property of Openchains Technologies.
2.3. Project Timeline and Client Responsibilities
- The Company will make every reasonable effort to complete the Project within the agreed-upon timelines. However, these timelines are estimates and are subject to change based on client feedback, content provision, and unforeseen technical issues.
- The Client agrees to provide timely feedback, approvals, and content as requested by the Company to ensure the Project progresses smoothly. Delays caused by the Client in providing necessary information or feedback may extend the Project timeline.
2.4. Grace Period and Contract Expiry
- Upon completion of the Project as per the agreed scope, the Client will be notified that the remaining balance is due. From the date of this notification, the Client will be granted a grace period of 17 days to settle all outstanding payments for the Project.
- Consequences of Non-Payment: If full payment is not received by the Company within the specified grace period, the Project will be deemed to have reached its Contract Expiry. Upon Contract Expiry:
- The Client's right to complete the payment for and take ownership of the Website is forfeited.
- The Project, including all design files, code, and associated intellectual property, becomes the sole property of Openchains Technologies once again.
- Openchains Technologies reserves the right to resell or repurpose the Project to recover resources and costs incurred, without any obligation to the original Client.
- Any payments made by the Client (including the 35% deposit) are non-refundable and will be retained by Openchains Technologies to cover the work completed and resources expended on the Project up to the point of Contract Expiry.
2.5. Re-engagement and New Projects
- If a Client whose Project has reached Contract Expiry subsequently wishes to acquire the Website or a similar website, it will be treated as an entirely new Project.
- The Client will be required to enter into a new Project Proposal and pay a new, non-refundable 35% deposit as per the terms of the new agreement, regardless of any prior payments made on the expired Project.
2.6. Intellectual Property and Licensing
- Upon full and final payment, the Client will own the intellectual property rights to the unique design, content, and custom code specifically developed for their Website within the Project scope.
- Openchains Technologies retains the right to use, develop, and own any underlying code, platforms, tools, libraries, or generic components used in the development process that are not unique to the Client's specific Website.
- Openchains Technologies reserves the right to display the completed Website in its portfolio and for marketing purposes.
2.7. Hosting, Maintenance, and Support
- Unless explicitly stated otherwise in the Project Proposal, website development services do not include ongoing hosting, domain registration, maintenance, security updates, or technical support after Project completion and launch.
- Separate agreements and fees will apply for such ongoing services, if offered by Openchains Technologies. The Client is responsible for arranging their own hosting and maintenance or engaging Openchains Technologies for these separate services.
2.8. Warranty and Guarantees for Web Services
- Openchains Technologies warrants that the Website developed will function substantially in accordance with the agreed-upon Project Proposal for a period of 31 days following launch, provided that the Website has not been modified by the Client or any third party.
- This warranty covers major bugs or errors directly attributable to our development work. It does not cover issues arising from:
- Client or third-party modifications to the Website.
- Hosting or server issues not managed by Openchains Technologies.
- Third-party software, plugins, or services.
- Browser compatibility issues not specified in the Project Proposal.
- Changes in third-party service APIs or external conditions.
- Any modifications or fixes requested outside this warranty period will be billed at our standard hourly rates.
2.9. Termination of Website Development Services
- Either party may terminate a Project if the other party breaches a material term of the Project Proposal or these Terms and fails to remedy such breach within the given period
- If the Client terminates a Project for convenience prior to completion, all payments made up to the date of termination are non-refundable, and the Client remains liable for payment for all work completed and expenses incurred by Openchains Technologies up to the date of termination, calculated at Openchains Technologies's standard rates, less any non-refundable deposit already paid.
3. Electronics Sales
3.1. Product Information and Accuracy
- Openchains Technologies strives to provide accurate product descriptions, images, and specifications for all Electronics sold. However, we do not warrant that product descriptions or other content on the Service are entirely accurate, complete, reliable, current, or error-free.
- Product images are for illustrative purposes only. Actual products may vary slightly in appearance.
3.2. Pricing and Availability
- All prices for Electronics are listed in United States Dollars (USD) and are subject to change without prior notice.
- Product availability is subject to stock on hand. Openchains.shop reserves the right to limit the quantity of items purchased per customer.
3.3. Orders and Payment
- By placing an order for Electronics through the Service, you are offering to purchase a product on and subject to these Terms. All orders are subject to acceptance by us.
- We accept various payment methods as indicated on the website. Payment must be received in full before an order is processed and dispatched.
3.4. Shipping and Delivery
- Estimated delivery times are provided for guidance only and are not guaranteed. Delays may occur due to unforeseen circumstances or third-party couriers.
- Risk of loss and title for Electronics purchased from Openchains Technologies pass to you upon our delivery to the carrier.
- Shipping charges will be calculated and displayed at checkout. You are responsible for any applicable import duties, taxes, or customs fees.
3.5. Returns, Refunds, and Warranty for Electronics
- Damaged or Defective Items: If you receive an electronic item that is damaged or defective, you must notify Openchains Technologies within 7 days of receipt. We will arrange for a return, replacement, or refund at our discretion, subject to inspection.
- General Returns: For non-defective electronic items, returns may be accepted within 14 days of delivery, provided the item is unused, in its original packaging, and in resalable condition. A restocking fee may apply, and return shipping costs are the responsibility of the Customer.
- Refunds: Refunds will be processed within 7 business days of receiving the returned item and will be issued to the original payment method.
3.6. Limitation of Liability for Electronics
- Openchains Technologies will not be liable for any direct, indirect, incidental, punitive, or consequential damages arising from the use or inability to use the Electronics purchased, including but not limited to, damages for loss of profits, data, or other intangible losses.
- Our total liability for any claim related to Electronics purchased shall not exceed the purchase price of the specific product.
4. General Terms and Conditions
4.1. User Accounts
- If you create an account on Openchains.shop, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password.
- You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4.2. Privacy Policy
- Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Please review our Privacy Policy https://openchains.shop/privacy to understand our practices regarding the collection, use, and disclosure of your personal information.
4.3. Limitation of Liability and Disclaimers
- The Service and all products and services delivered to you through the Service are provided &qoute;as is&qoute; and &qoute;as available&qoute; without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Openchains.shop, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
- Our total liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Services or products giving rise to the claim, or ZWL$100, whichever is less.
4.4. Indemnification
- You agree to indemnify, defend, and hold harmless Openchains.shop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
4.5. Force Majeure
- Neither party shall be liable for any delay or failure in performance of its obligations under these Terms (other than payment obligations) due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
4.6. Governing Law and Dispute Resolution
- These Terms shall be governed and construed in accordance with the laws of Zimbabwe, without regard to its conflict of law provisions.
- Any dispute arising out of or relating to these Terms or the Services provided shall first be attempted to be resolved amicably through good faith negotiations between the parties. If an amicable resolution cannot be reached, the parties agree to submit to the exclusive jurisdiction of the courts located in Zimbabwe.
4.7. Severability
- In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
4.8. Entire Agreement
- These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
4.9. Changes to Terms and Conditions
- We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
4.10. Contact Information
- Questions about the Terms and Conditions should be sent to us at support@openchains.shop or +263787604187.
By using this website, you signify your acceptance of these Terms and Conditions. If you do not agree to these Terms, please do not use our website.
