Software Development Terms

ClassificationPublic

Our office is located at:

Broadbent Group Ltd,
Turnpike Close,
Colchester,
Essex,
CO7 7QW,
United Kingdom

1Introduction

These terms and conditions ("Terms") govern the provision of custom software development services ("Services") by Broadbent Group Ltd ("We", "Us", "Our" or "Company") to you ("Client", "You" or "Your"). By engaging our Services, you agree to be bound by these Terms.

These Terms should be read in conjunction with our main Terms & Conditions and Privacy Policy.

2Service Description

We provide custom software development services, including but not limited to:

• Application design and architecture
• Front-end and back-end development
• Database design and implementation
• API development and integration
• Mobile application development
• Desktop application development
• Cloud-based software solutions
• System integration and migration
• Testing and quality assurance
• Documentation and training

3Project Specifications

The specific requirements, features, functionality, and deliverables will be set out in a written proposal, statement of work, or project agreement ("Project Agreement"). The Project Agreement forms part of these Terms.

We will develop the software according to the specifications agreed upon in the Project Agreement. Any changes to the specifications may result in additional fees and timeline adjustments, which must be agreed upon in writing before work commences.

You are responsible for ensuring that the specifications accurately reflect your requirements. We are not responsible for issues arising from incomplete or inaccurate specifications.

4Development Methodology

We may use various development methodologies (e.g., Agile, Waterfall, Scrum) as appropriate for your project. The specific methodology will be agreed upon in the Project Agreement.

Development may proceed in phases or iterations, with regular reviews and feedback sessions. You agree to participate actively in the development process, including:

• Providing timely feedback on deliverables
• Participating in review meetings and demos
• Testing and providing feedback on development versions
• Making decisions on design and functionality choices

5Testing and Quality Assurance

We will conduct testing and quality assurance as part of the development process. However, you are responsible for:

• User acceptance testing (UAT) of the final software
• Testing in your intended environment and use cases
• Reporting any defects or issues promptly
• Providing feedback on functionality and user experience

We will address material defects reported during the warranty period (typically 30-90 days after delivery, as specified in the Project Agreement).

6Intellectual Property

Client Ownership: Upon full payment of all fees, you will own the custom software developed specifically for your project, including source code, documentation, and related materials (excluding third-party components and pre-existing code).

Source Code Access: You will receive access to the source code upon project completion and full payment, unless otherwise specified in the Project Agreement.

Our Retained Rights: We retain ownership of:

• Pre-existing code, frameworks, libraries, and tools
• Third-party components and open-source software (subject to their respective licenses)
• General methodologies, techniques, and know-how
• Our portfolio rights to describe the work (without disclosing confidential information)

Licensing: We grant you a non-exclusive, worldwide, perpetual license to use any pre-existing tools or frameworks incorporated into your software.

7Maintenance and Support

Ongoing maintenance and support may be available under a separate agreement. Maintenance services may include:

• Bug fixes and patches
• Security updates
• Compatibility updates
• Performance optimization
• Technical support

Please refer to our Website Maintenance Terms or contact us for details on maintenance agreements.

We are not obligated to provide maintenance or support unless agreed upon in a separate maintenance agreement.

8Payment Terms

Payment terms will be specified in your Project Agreement. Typically:

• A deposit may be required before work commences
• Milestone payments may be due upon completion of specific development phases
• Final payment is due upon project completion, delivery, and acceptance
• All fees are exclusive of applicable taxes (VAT, sales tax, etc.)

Late payments may result in suspension of work, interest charges, or withholding of deliverables.

9Client Responsibilities

You agree to:

• Provide accurate and complete project requirements
• Provide necessary access to systems, data, or resources
• Participate in the development process and provide timely feedback
• Test the software and report issues promptly
• Make timely payments as specified
• Obtain necessary licenses or permissions for third-party content or services
• Ensure compliance with applicable laws and regulations for your use of the software

10Third-Party Components and Services

The software may incorporate third-party components, libraries, or services. These are subject to their respective licenses and terms. You are responsible for:

• Compliance with third-party license terms
• Any fees associated with third-party services
• Understanding limitations or restrictions of third-party components

We will inform you of significant third-party dependencies and their license terms.

11Warranty

We warrant that the Services will be performed in a professional and workmanlike manner. We will correct any material defects in the software for a period specified in the Project Agreement (typically 30-90 days), provided such defects are reported promptly and are not caused by:

• Modifications made by you or third parties
• Misuse or improper use of the software
• Changes in operating systems or third-party services
• Issues with hardware or infrastructure

12Cancellation and Termination

Either party may terminate the project with written notice. Upon termination:

• You will pay for all work completed up to the termination date
• We will deliver all completed work and source code (if applicable)
• You will have no further rights to incomplete work unless otherwise agreed

If you cancel the project, any deposits or payments made are non-refundable except as required by law or as specified in your Project Agreement.

13EU Consumer Rights

If you are a consumer located in the European Union, you have additional rights:

• Right of Withdrawal: For custom-made or personalized software, you may not have the right to withdraw once we have begun performance with your explicit consent. However, you retain rights under applicable consumer protection laws.
• Warranty Rights: The software must conform to the description provided and be fit for its intended purpose. If it does not conform, you may be entitled to repair, re-performance, or a price reduction.
• Dispute Resolution: You may contact us at help@broadbent.email or use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

14Limitation of Liability

To the maximum extent permitted by applicable law, our total liability for any claims arising from or related to the Services shall not exceed the total amount paid by you for the specific project giving rise to the claim.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

15Contact Information

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

Email: help@broadbent.email
Address: Broadbent Group Ltd, Turnpike Close, Colchester, Essex, CO7 7QW, United Kingdom