Legal Document

Terms of Service

Please read these terms carefully before using our services. By engaging with Xtottel, you agree to be bound by these terms and conditions.

Last updated: December 1, 2024
Version 2.0

1. Introduction

Welcome to Xtottel ("we," "our," or "us"). These Terms of Service govern your use of our website, services, and any related applications (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these Terms, you may not access our Services.

Important Notice

These terms constitute a legally binding agreement between you and Xtottel. We recommend reviewing them carefully and consulting with legal counsel if you have any questions.

2. Definitions

  • "Services" refers to web development, mobile app development, UI/UX design, and related digital services provided by Xtottel.
  • "Client" refers to any individual or entity that engages our Services.
  • "Project" refers to a specific engagement for which Services are provided.
  • "Deliverables" refers to the final products, code, designs, and materials provided to the Client.
  • "Content" refers to text, images, videos, and other materials provided by the Client for use in the Project.

3. Services

3.1 Service Description

Xtottel provides digital development services including but not limited to:

  • • Website development and design
  • • Mobile application development
  • • E-commerce solutions
  • • UI/UX design services
  • • Backend development and API integration
  • • Maintenance and support services

3.2 Project Scope

Each Project will be defined in a separate Statement of Work (SOW) or Project Agreement that outlines:

  • • Project objectives and deliverables
  • • Timeline and milestones
  • • Pricing and payment terms
  • • Technical specifications
  • • Acceptance criteria

3.3 Client Responsibilities

The Client agrees to:

  • • Provide necessary content and materials in a timely manner
  • • Provide clear feedback and approval at designated milestones
  • • Designate a single point of contact for project communication
  • • Make timely payments as outlined in the Project Agreement

4. Payments & Pricing

4.1 Pricing Structure

All prices are quoted in Ghana Cedis (GHS) unless otherwise specified. Pricing may be structured as:

  • • Fixed project-based pricing
  • • Monthly retainer agreements
  • • Hourly rates for ongoing work

4.2 Payment Terms

Standard payment terms include:

  • • 50% deposit upon project initiation
  • • 25% upon milestone completion
  • • 25% upon project completion and delivery

4.3 Late Payments

Payments are due within 15 days of invoice date. Late payments may incur:

  • • 2% monthly interest on overdue amounts
  • • Suspension of Services until payment is received
  • • Recovery of collection costs and legal fees

Payment Security

All payment information is processed securely through encrypted channels. We do not store sensitive payment information on our servers.

5. Intellectual Property

5.1 Client Materials

The Client retains all rights to pre-existing intellectual property, content, and materials provided for use in the Project.

5.2 Deliverables

Upon full payment, the Client receives full ownership of the final Deliverables, including:

  • • Custom developed source code
  • • Design files and assets
  • • Documentation and user manuals

5.3 Xtottel Rights

Xtottel retains the right to:

  • • Use the Project in our portfolio and marketing materials
  • • Reuse generic code components and libraries across projects
  • • Display Client logos and names in our marketing

6. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information received from the other party. Confidential information includes:

  • • Business plans and strategies
  • • Technical specifications and architecture
  • • Customer lists and data
  • • Financial information

This obligation survives termination of these Terms and continues for a period of three years after disclosure.

7. Liability

7.1 Limitation of Liability

In no event shall Xtottel be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

7.2 Maximum Liability

Our total liability for any claims under these Terms shall not exceed the total amount paid by the Client for the specific Project giving rise to the claim.

7.3 Third-Party Services

We are not responsible for third-party services, APIs, or platforms integrated into the Deliverables. The Client is responsible for complying with third-party terms of service.

8. Termination

Either party may terminate a Project with written notice if the other party:

  • • Materially breaches these Terms and fails to cure within 30 days
  • • Becomes insolvent or declares bankruptcy
  • • Ceases business operations

Upon termination, the Client shall pay for all Services rendered up to the termination date, and Xtottel shall deliver all completed work to date.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Ghana, without regard to its conflict of law provisions.

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts located in Accra, Ghana.

10. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify Clients of material changes via email or through our website.

Continued use of our Services after such changes constitutes acceptance of the modified Terms.

11. Contact Information

For questions about these Terms, please contact us:

  • Email: legal@xtottel.com
  • Phone: +233 (0) 551 196 764
  • Website: www.xtottel.com
  • Business Hours: Monday - Friday, 9:00 AM - 5:00 PM GMT

Questions About Our Terms?

Our team is here to help clarify any aspects of our Terms of Service and address your concerns.