Terms of Service

These Terms constitute a legally binding agreement between you ("Client" or "you") and OBAYED. By submitting an inquiry, signing a proposal, making a payment, or using any of our services, you accept these Terms in full.

If you are accepting on behalf of a company or organisation, you represent and warrant that you have the authority to bind that entity to these Terms.

We reserve the right to update these Terms at any time. Continued use of our services after any update constitutes acceptance of the revised Terms.

OBAYED provides a range of technology and digital services, including but not limited to:

• GoHighLevel (GHL) sub-account setup, configuration, and SaaS reseller solutions
• AI agent development, AI automation workflows, and AI-powered chatbot systems
• Full-stack web application and mobile application development
• Website design, redesign, and ongoing maintenance
• Custom software development and business process automation
• Tech-driven sales systems, CRM configuration, and outbound infrastructure
• Related consulting, strategy, and digital services

The specific scope, deliverables, timeline, and pricing for any engagement are defined in the applicable proposal, statement of work, or invoice agreed upon by both parties.

Where OBAYED provides GoHighLevel sub-account services or white-label SaaS solutions, the following additional terms apply:

• Platform dependency: Our GHL-based services operate on GoHighLevel's infrastructure. We are not affiliated with, endorsed by, or acting as an official representative of GoHighLevel LLC.
• Sub-account access: You will be granted access to a configured GHL sub-account. Access is contingent on your subscription remaining active and in good standing.
• Platform changes: GoHighLevel may update, modify, or discontinue features at any time. OBAYED is not liable for disruptions caused by GoHighLevel platform changes.
• White-label CRM: If you are reselling a white-label CRM product built by OBAYED, you are responsible for your own client relationships, support obligations, and compliance with applicable laws in your jurisdiction.
• Data within GHL: Data stored in your GHL sub-account is subject to GoHighLevel's own Terms of Service and Privacy Policy in addition to these Terms.

Our AI services may utilise third-party AI APIs and infrastructure, including but not limited to OpenAI, Anthropic, Google AI, and others. The following terms apply to all AI-related work:

• AI output accuracy: AI-generated content and responses are probabilistic in nature. We do not guarantee that AI outputs will be accurate, complete, or suitable for any specific purpose. You are responsible for reviewing and validating AI outputs before relying on them.
• Third-party AI terms: Use of AI services is subject to the terms of the underlying AI provider. We will inform you of which providers are used in your project.
• API costs: Ongoing AI API usage costs (e.g., OpenAI API credits) are typically the client's responsibility unless explicitly included in a fixed-fee agreement. These costs will be agreed upon prior to project commencement.
• Data sent to AI: Any data or content you provide for AI processing may be transmitted to third-party AI providers. You represent that you have the right to share such data and that sharing it complies with applicable privacy laws.
• No unlawful AI use: You agree not to use AI systems built by OBAYED to generate illegal content, engage in fraud, harass individuals, or violate any applicable laws or regulations.

For web design, web application, and custom software development engagements:

• A detailed project scope will be agreed upon in writing before work begins. Work outside the agreed scope may incur additional charges.
• You are responsible for providing all required content, assets, credentials, and feedback in a timely manner. Delays caused by the client may affect delivery timelines.
• Project timelines are estimates. While we endeavour to meet all deadlines, we are not liable for delays caused by factors outside our reasonable control.
• Hosting, domain, and third-party software licensing costs are separate from our development fees unless explicitly included in the agreed scope.
• We follow industry-standard security practices, but we do not guarantee that completed software will be free from all security vulnerabilities. Post-launch security is a shared responsibility.

To enable us to deliver services effectively, you agree to:

• Provide accurate, complete, and timely information, materials, and access required for the project.
• Designate an authorised point of contact who can make decisions and provide approvals on your behalf.
• Review deliverables and provide feedback within the timeframes agreed upon in the project scope.
• Ensure that any content, data, images, or other materials you provide to us do not infringe on the intellectual property rights of third parties.
• Comply with all applicable laws in relation to how you use the services and deliverables we provide.
• Maintain the confidentiality of any credentials or access details provided to you.

Where we grant you access to platforms, dashboards, or systems as part of our services:

• You are responsible for keeping your login credentials confidential and for all activity that occurs under your account.
• You must notify us immediately if you suspect any unauthorised access to your account.
• We reserve the right to suspend or terminate access if we reasonably believe your account has been compromised or is being used in violation of these Terms.
• Access rights are personal to you and may not be transferred or shared with third parties without our prior written consent.

All payment terms are specified in the relevant proposal or invoice. General payment terms include:

• Project fees: A deposit (typically 50% unless otherwise agreed) is required before project work commences. The remaining balance is due upon project completion or as specified in the agreed payment schedule.
• Recurring services: Retainer, subscription, and maintenance services are billed on the agreed cycle (monthly, quarterly, or annually). Payments are due at the start of each billing period.
• Late payments: Invoices unpaid beyond the agreed payment terms may result in suspension of services. We reserve the right to charge a late fee as specified in the invoice.
• Currency: All fees are quoted and payable in the currency specified on the invoice. You are responsible for any currency conversion costs or bank transfer fees.
• Taxes: All fees are exclusive of applicable taxes. You are responsible for any taxes applicable in your jurisdiction.

The project scope is defined in the agreed proposal or statement of work:

• Revisions: The number of included revision rounds is specified in the project agreement. Additional revisions beyond the agreed allowance may be charged at our standard hourly rate.
• Scope changes: Any request that materially alters the agreed scope (additional features, significant design changes, new integrations) constitutes a scope change. Scope changes require a written amendment and may affect the timeline and price.
• Client approval: Deliverables are considered accepted upon written approval from the client, or after [14 days] from delivery if no feedback is received, whichever comes first. Work proceeding to the next phase implies acceptance of the previous phase.
• Subcontractors: We may use skilled subcontractors to assist with specific elements of a project. We remain responsible for the quality and delivery of all work.

Your IP: Any content, data, trademarks, or materials you provide remain your intellectual property. You grant us a licence to use these materials solely for the purpose of delivering the agreed services.

Our IP: Any pre-existing tools, frameworks, libraries, code templates, and proprietary methodologies we use remain our exclusive property. We grant you a non-exclusive licence to use these as incorporated into your deliverable.

Project deliverables: Upon receipt of full payment, we assign to you the intellectual property rights in the custom deliverables created specifically for your project, except for any pre-existing or third-party components which remain subject to their respective licences.

Portfolio rights: We reserve the right to display completed work in our portfolio unless you have expressly requested confidentiality in writing.

Our work frequently involves integration with third-party platforms and services. Please note:

• We are not responsible for the availability, reliability, or changes to any third-party service, API, or platform.
• Third-party services (e.g., GoHighLevel, Zapier, OpenAI, Stripe, Twilio) are governed by their own terms of service and privacy policies. You are responsible for complying with those terms when using such integrations.
• If a third-party platform changes its API, pricing, or feature set in a way that affects your project, additional work to adapt may be chargeable.
• We make no warranties regarding the continued availability or functionality of third-party integrations.

We strive to maintain uninterrupted service delivery, but we do not guarantee 100% uptime for any hosted or managed services. We reserve the right to:

• Perform scheduled maintenance with reasonable advance notice where possible.
• Modify, update, suspend, or discontinue any service or feature with reasonable notice to affected clients.
• Adjust pricing for recurring services with at least [30 days] written notice prior to the next billing cycle.

You agree not to use our services or any deliverables we provide to:

• Violate any applicable local, national, or international law or regulation.
• Send unsolicited communications (spam) or engage in deceptive marketing practices.
• Infringe upon the intellectual property, privacy, or other rights of any third party.
• Distribute malicious code, conduct phishing, or engage in any fraudulent activity.
• Harass, intimidate, or harm any individual or group.
• Attempt to gain unauthorised access to systems, data, or networks.
• Resell or sublicence our services without our prior written consent.

Violation of this section may result in immediate termination of services without refund.

Our services are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law:

• We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
• We do not guarantee any specific business outcomes, revenue, leads, or results from the use of our services or deliverables.
• Our total aggregate liability to you for any claim arising from these Terms or the services shall not exceed the total fees paid by you in the three (3) months preceding the event giving rise to the claim.
• In no event shall we be liable for indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, or business opportunities, even if we have been advised of the possibility of such damages.

By the Client: You may terminate an ongoing service engagement by providing written notice as specified in your project agreement or, where no notice period is stated, at least [14 days] written notice. Fees for work completed or committed up to the termination date remain due and payable.

By OBAYED: We reserve the right to terminate or suspend services immediately, without notice, if:

• You materially breach these Terms and fail to remedy the breach within 7 days of written notice.
• You fail to make payment as agreed.
• We have reasonable grounds to believe your use of our services is illegal or harmful to third parties.

Upon termination, any outstanding fees for work delivered are immediately due. Sections covering intellectual property, liability, and governing law survive termination.

Our general refund policy is as follows:

• Project deposits: Deposits paid before project commencement are generally non-refundable once work has begun, as they cover planning, research, and resource allocation costs.
• Work in progress: If you cancel a project mid-way, you are liable for payment for all work completed up to the point of cancellation.
• Recurring subscriptions: Subscription fees already paid for a current billing period are non-refundable. You may cancel at any time to prevent future billing, effective at the end of the current period.
• Exceptional circumstances: Refund requests based on exceptional circumstances are assessed on a case-by-case basis and at our sole discretion.

These Terms are governed by and construed in accordance with the laws of [your jurisdiction – to be inserted by the business]. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [your jurisdiction].

We will always seek to resolve disputes amicably and in good faith before pursuing formal legal action. If you have a concern, please contact us first.

We may update these Terms from time to time to reflect changes to our services, legal requirements, or business practices. When we make material changes, we will update the "Last Updated" date at the top of this page and, where reasonably practicable, notify active clients by email.

Your continued use of our services after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you should discontinue use of our services.

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

• Email: abuobeyada574@gmail.com
• Phone: 01846360929
• Location: Dhaka, Bangladesh