1. Introduction

Welcome to Fortune Founder Ltd. These Terms and Conditions ("Terms") govern your use of our website fortunefounder.co.uk (the "Website") and any services we provide, including but not limited to web development, mobile app development, AI automation, enterprise-grade security, and cloud infrastructure services (collectively, the "Services").

Fortune Founder Ltd ("we," "our," "us," or the "Company") is a technology services company registered in England and Wales, dedicated to transforming your boldest visions into high-performance digital realities.

2. Definitions

For the purposes of these Terms, the following definitions apply:

3. Acceptance of Terms

3.1 Agreement to Terms

By accessing our Website, submitting an enquiry through our contact form, or engaging our Services, you agree to be bound by these Terms and all applicable laws and regulations. This agreement is effective upon your first use of the Website or Services.

3.2 Capacity to Contract

By using our Services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• If acting on behalf of a company, you have the authority to bind that company to these Terms

3.3 Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our Website. Your continued use of our Website or Services after any changes constitutes acceptance of the revised Terms.

4. Our Services

4.1 Scope of Services

Fortune Founder Ltd offers the following professional technology services:

• Web Development: Custom website design, development, and maintenance using modern, scalable technologies
• Mobile App Solutions: Native and cross-platform mobile application development for iOS and Android
• AI & Smart Automation: Integration of artificial intelligence and automation solutions to optimise business processes
• Enterprise-Grade Security: Security audits, implementation, and ongoing protection for digital infrastructure
• Cloud & Infrastructure: Cloud architecture, migration, and infrastructure management services

4.2 Service Engagement

All project engagements will be governed by a separate Proposal or Statement of Work (SOW) that outlines:

• Detailed project scope and deliverables
• Timeline and milestones
• Payment terms and schedule
• Specific requirements and responsibilities

4.3 Website Use

Our Website provides information about our Services and allows you to contact us for enquiries. Use of our Website is subject to these Terms and our Privacy Policy.

5. User Obligations

5.1 Acceptable Use

When using our Website and Services, you agree to:

• Provide accurate and truthful information in all communications
• Use the Website and Services only for lawful purposes
• Respect the intellectual property rights of the Company and third parties
• Not attempt to gain unauthorised access to any systems or data
• Not transmit any malware, viruses, or harmful code
• Not engage in any activity that could damage our reputation or operations

5.2 Client Responsibilities

When engaging our Services, you agree to:

• Provide all necessary materials, content, and information in a timely manner
• Review and provide feedback on deliverables within agreed timeframes
• Ensure you have the rights to any content you provide to us
• Maintain open and responsive communication throughout the project
• Make payments as per the agreed schedule
• Obtain any necessary approvals or permissions required for the project

5.3 Prohibited Activities

You may not use our Website or Services to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Distribute unsolicited commercial communications (spam)
• Impersonate any person or entity
• Interfere with the proper functioning of the Website
• Collect or store personal data about other users without consent

6. Intellectual Property

6.1 Company Intellectual Property

All content on our Website, including but not limited to text, graphics, logos, images, software, and design, is the property of Fortune Founder Ltd or its licensors and is protected by intellectual property laws. You may not:

• Copy, reproduce, or distribute any content without written permission
• Modify or create derivative works based on our content
• Use our trademarks, service marks, or logos without authorisation
• Remove any proprietary notices or labels

6.2 Project Deliverables

Unless otherwise specified in a separate agreement:

• Upon full payment, the Client will receive ownership of custom code, designs, and deliverables created specifically for their project
• The Company retains ownership of all pre-existing intellectual property, tools, frameworks, and methodologies used in providing the Services
• Third-party software, libraries, and components are subject to their respective licences

6.3 Portfolio Rights

Unless otherwise agreed in writing, the Company reserves the right to:

• Display the Client's project in our portfolio
• Reference the Client's company name in marketing materials
• Use anonymised project data for case studies

7. Payment Terms

7.1 Pricing and Quotations

All prices quoted are in British Pounds (GBP) unless otherwise specified. Quotations are valid for 30 days from the date of issue unless stated otherwise.

7.2 Payment Structure

Unless otherwise agreed in writing, our standard payment structure is:

• Deposit: 50% of the project fee upon acceptance of the Proposal
• Milestone Payments: As specified in the Proposal (if applicable)
• Final Payment: Remaining balance upon project completion, prior to final handover

7.3 Payment Methods

We accept payment via bank transfer, credit/debit card, or other methods as agreed. Payment details will be provided on invoices.

7.4 Late Payment

• Invoices are due within 14 days of the invoice date unless otherwise specified
• Late payments may incur interest at the rate of 8% above the Bank of England base rate
• We reserve the right to suspend work until outstanding payments are received
• Persistent late payment may result in termination of the agreement

7.5 Taxes

All quoted prices are exclusive of VAT and other applicable taxes unless stated otherwise. VAT will be charged where applicable at the prevailing rate.

8. Project Delivery

8.1 Timeline Estimates

Project timelines provided in Proposals are estimates based on the information available at the time. Actual timelines may vary due to:

• Changes in project scope or requirements
• Delays in receiving client materials or feedback
• Technical challenges discovered during development
• External factors beyond our control

8.2 Client Feedback and Revisions

• We will provide deliverables for review at agreed milestones
• Clients should provide feedback within 5 business days of receipt, unless otherwise agreed
• A defined number of revision rounds will be included in the project scope
• Additional revisions beyond the agreed scope will be charged at our standard hourly rate

8.3 Acceptance and Sign-Off

Upon delivery of final deliverables:

• The Client will have 10 business days to review and accept the work
• If no feedback is received within this period, the work will be deemed accepted
• Final acceptance constitutes acknowledgment that the project meets the agreed specifications

8.4 Support and Maintenance

Post-launch support and maintenance are provided as specified in the project agreement. Extended support packages are available upon request.

9. Warranties & Representations

9.1 Our Warranties

We warrant that:

• Our Services will be performed with reasonable skill and care
• Deliverables will substantially conform to agreed specifications
• We have the right to provide the Services and grant the agreed licences
• We will comply with all applicable laws in providing the Services

9.2 Warranty Period

We provide a 30-day warranty period from the date of project completion, during which we will fix any bugs or defects in our work at no additional charge. This warranty covers:

• Bugs in custom code written by us
• Issues directly resulting from our implementation
• Functionality not performing as specified

9.3 Warranty Exclusions

The warranty does not cover:

• Issues caused by client modifications or third-party interventions
• Problems with third-party software, plugins, or services
• Changes in requirements after project acceptance
• Issues arising from Client's hosting environment or infrastructure
• Normal maintenance and updates

9.4 Disclaimer

Except as expressly stated in these Terms, all warranties, conditions, and representations, whether express or implied, are excluded to the fullest extent permitted by law. We do not warrant that the Website will be uninterrupted, secure, or error-free.

10. Limitation of Liability

10.1 Exclusion of Liability

To the maximum extent permitted by law, Fortune Founder Ltd shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Loss of goodwill or reputation
• Costs of procuring substitute services
• Any damages arising from circumstances beyond our reasonable control

10.2 Liability Cap

Our total aggregate liability arising out of or in connection with these Terms or any Services provided shall not exceed the total amount paid by you to us in the twelve (12) months preceding the claim.

10.3 Exceptions

Nothing in these Terms shall limit or exclude liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by law

11. Indemnification

You agree to indemnify, defend, and hold harmless Fortune Founder Ltd, its directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your breach of these Terms
• Your use of our Website or Services
• Content or materials you provide that infringe third-party rights
• Your violation of any applicable laws or regulations
• Any negligent or wrongful conduct on your part

12. Confidentiality

12.1 Confidential Information

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of engagement, including:

• Business strategies and plans
• Technical specifications and documentation
• Pricing and financial information
• Customer data and personal information
• Any information marked as confidential

12.2 Permitted Disclosures

Confidential information may be disclosed:

• To employees or contractors who need to know for project purposes
• When required by law or legal process
• With the prior written consent of the disclosing party

12.3 Duration

Confidentiality obligations shall remain in effect for a period of two (2) years following the termination of our engagement, or longer where required by law.

13. Termination

13.1 Termination by Client

You may terminate a project by providing written notice. In such cases:

• You will be liable for all fees for work completed up to the termination date
• Any deposits paid are non-refundable
• We will provide you with all completed work up to that point

13.2 Termination by Company

We may terminate or suspend our Services immediately if:

• You breach these Terms and fail to remedy within 14 days of notice
• You fail to make payments when due
• You become insolvent or enter administration
• Continuing the project would be illegal or unethical

13.3 Effects of Termination

Upon termination:

• All outstanding invoices become immediately due
• Rights granted under these Terms will cease (except where payment has been made in full)
• Provisions regarding intellectual property, confidentiality, and limitation of liability survive termination

14. Dispute Resolution

14.1 Informal Resolution

In the event of any dispute arising from these Terms or our Services, both parties agree to first attempt to resolve the matter through good-faith negotiations. Please contact us to discuss any concerns before taking formal action.

14.2 Mediation

If informal resolution is unsuccessful, the parties agree to attempt mediation before pursuing litigation. The mediation will be conducted by a mutually agreed mediator within the United Kingdom.

14.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any legal proceedings shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. General Provisions

15.1 Entire Agreement

These Terms, together with any Proposal or Project Agreement, constitute the entire agreement between you and Fortune Founder Ltd and supersede all prior agreements, understandings, or representations.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

No failure or delay by the Company in exercising any right shall constitute a waiver of that right. Any waiver must be in writing and signed by an authorised representative.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights to a successor or affiliate company.

15.5 Force Majeure

Neither party shall be liable for delays or failure to perform due to circumstances beyond reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, or infrastructure failures.

15.6 Third-Party Rights

These Terms do not confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999.

15.7 Notices

All notices under these Terms shall be in writing and sent to the contact details provided. Notice by email shall be effective on the business day following the date of sending.

16. Contact Us

If you have any questions about these Terms and Conditions or need clarification on any provision, please contact us using the details provided on our Contact page. We're here to address any questions or concerns regarding our Terms of Service.