Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website located at bevenn.com (the "Site") and any software engineering services provided by Bevenn ("we", "us", "our"). By accessing the Site or engaging our services, you agree to be bound by these Terms.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

1. Services

Bevenn provides custom software engineering services including, but not limited to: web and mobile application development, AI and machine learning integration, system integrations and APIs, cloud infrastructure, and digital transformation consulting.

The specific scope, deliverables, timeline, and commercial terms for each engagement are set out in a separate Statement of Work ("SOW") or Master Services Agreement ("MSA") executed between Bevenn and the client. In the event of any conflict between these Terms and an executed SOW or MSA, the SOW or MSA shall prevail.

2. Use of the Site

You agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable laws or regulations.
• Attempt to gain unauthorised access to any part of the Site or its underlying infrastructure.
• Transmit any malware, viruses, or other harmful code.
• Scrape, crawl, or extract data from the Site in a manner that places unreasonable load on our servers or circumvents technical measures.
• Impersonate Bevenn or any of its personnel.
• Use the Site to transmit unsolicited commercial communications.

We reserve the right to suspend or block access to any user who violates these Terms.

3. Intellectual Property

All content on the Site — including text, graphics, logos, and code — is the property of Bevenn or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written consent.

Intellectual property rights in software deliverables produced under a client engagement are governed by the applicable SOW or MSA. Unless otherwise agreed in writing, Bevenn retains ownership of all pre-existing intellectual property, frameworks, and tools used in delivery. Upon full payment, clients receive a licence or assignment of rights as specified in the SOW.

4. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party that is identified as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.

This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party; (c) is independently developed without use of the confidential information; or (d) is required to be disclosed by law or court order.

5. Payment Terms

Commercial payment terms are defined in the applicable SOW or MSA. In the absence of a specific agreement, the following defaults apply:

• Invoices are due within 30 days of the invoice date.
• Late payments accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.
• Bevenn reserves the right to suspend work on any engagement where invoices are more than 14 days overdue.

All fees are exclusive of applicable taxes (including VAT, GST, or sales tax), which shall be borne by the client.

6. Warranties and Representations

Bevenn warrants that:

• Services will be performed by qualified personnel with relevant professional experience.
• Deliverables will materially conform to the specifications agreed in the applicable SOW.
• Bevenn holds all rights necessary to provide the services and grant the licences described.

Disclaimer: Except as expressly set out above, the Site and all information on it are provided "as is" without warranty of any kind, express or implied. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Bevenn shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, business interruption, or goodwill, arising out of or in connection with these Terms or the services, even if advised of the possibility of such damages.

Bevenn's total aggregate liability for any claims arising under or in connection with these Terms shall not exceed the total fees paid by the relevant client in the 12 months immediately preceding the event giving rise to the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless Bevenn and its officers, directors, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Site or services; (b) your violation of these Terms; or (c) your infringement of any third-party rights.

9. Third-Party Services

The Site may contain links to third-party websites or integrate third-party services. Bevenn does not endorse and is not responsible for the content, privacy practices, or terms of any third-party sites or services. Your use of third-party services is governed by their respective terms.

10. Termination

Either party may terminate a service engagement in accordance with the terms of the applicable SOW or MSA. Bevenn reserves the right to terminate access to the Site immediately and without notice if you breach these Terms.

Upon termination of an engagement: (a) all outstanding invoices become immediately due and payable; (b) each party shall return or destroy the other party's confidential information; and (c) clauses that by their nature survive termination shall continue in effect.

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. For clients in the United States, these Terms may alternatively be governed by the laws of the State of Delaware at Bevenn's election.

Any dispute arising out of or in connection with these Terms that cannot be resolved amicably within 30 days shall be submitted to binding arbitration under the rules of the London Court of International Arbitration (LCIA), with proceedings conducted in English.

12. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. Your continued use of the Site after any update constitutes your acceptance of the revised Terms. We recommend reviewing these Terms periodically.

13. Entire Agreement

These Terms, together with any applicable SOW or MSA, constitute the entire agreement between you and Bevenn regarding its subject matter and supersede all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.

14. Contact

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

Bevenn
Email: hello@bevenn.com
Website: bevenn.com/contact