01 — Acceptance
By using Emmy, you agree to these terms
These Terms of Service ("Terms") are a legal agreement between you (or the business you represent) and Emmy ("Emmy", "we", "us", "our"). By accessing our website, submitting a project inquiry, or using any of our services, you confirm that you have read, understood, and agree to be bound by these Terms.
If you do not agree, please do not use our services. If you are using Emmy on behalf of a business, you represent that you have authority to bind that business to these Terms.
02 — Our services
What Emmy does
Emmy provides web design and development services for small and growing businesses, including:
- Productized website and web-app tiers with fixed scope and fixed price.
- Custom website and web-application builds scoped via a Master Services Agreement.
- Ongoing maintenance, monitoring, and hosting plans.
The specific deliverables, timeline, and acceptance criteria for each engagement are documented in a Statement of Work (SOW) or Master Services Agreement (MSA) signed before any work begins. In the event of a conflict between those documents and these Terms, the SOW or MSA governs.
We reserve the right to decline or discontinue any engagement at our sole discretion, including if we determine a project conflicts with our values or capacity.
03 — Your account
Client portal access
Certain parts of our service require you to create an account via our client portal. You are responsible for:
- Keeping your login credentials confidential.
- All activity that occurs under your account.
- Notifying us immediately at hello@emmy.dev if you suspect unauthorized access.
You may not share your account credentials with others or create accounts for people who are not authorized to act on your behalf. We may suspend or terminate accounts that we reasonably believe are being misused.
04 — Payment
Fees, billing, and late payments
Productized projects
Productized tiers are paid in full upfront before work commences. Prices are listed in USD and are subject to change between orders (but never mid-project).
Custom builds
Payment schedules for custom builds are defined in the MSA. A deposit (typically 50%) is required before work begins; the remainder is due upon milestone delivery as agreed.
Maintenance plans
Maintenance plans are billed monthly via Stripe. Plans auto-renew unless cancelled with at least 7 days' notice before the next billing date.
Late payments
Invoices are due within 14 calendar days of issue unless otherwise agreed. Overdue invoices accrue interest at 1.5% per month. We reserve the right to pause active work until outstanding invoices are settled.
Taxes
All prices are exclusive of applicable taxes. You are responsible for any taxes, duties, or levies arising in your jurisdiction.
05 — Deliverables
Scope, revisions, and acceptance
Each project includes a defined number of revision rounds as specified in your SOW. Revisions are defined as reasonable adjustments to existing design or content — they do not include new features, fundamental redesigns, or scope changes.
- Scope changes are quoted separately and require written agreement.
- You have 10 business days from delivery to review work and provide consolidated feedback. After that period, deliverables are considered accepted.
- Final files and access credentials are released upon receipt of final payment.
Timelines in the SOW assume prompt client feedback. Delays on your side extend the timeline proportionally; Emmy will not be held responsible for missed deadlines caused by delayed client input.
06 — Intellectual property
Who owns what
Your ownership
Upon full payment, you own the final deliverables created specifically for your project (the custom design, copy, and code specific to your site). We assign all such rights to you in writing.
Our retained rights
We retain ownership of:
- Pre-existing tools, frameworks, libraries, and components we bring to the project.
- Generic utility code not specific to your project.
- Our internal processes, templates, and methodology.
These retained elements are licensed to you on a perpetual, royalty-free basis for use within the deliverables, but may not be extracted and used independently.
Portfolio
Unless you ask us not to, we may display your project in our portfolio and case studies after launch. We'll always seek explicit permission before attributing work to your business name.
07 — Your content
Content you provide to us
You are solely responsible for all text, images, logos, data, and other materials you provide to Emmy for inclusion in your project ("Your Content"). By providing Your Content, you represent and warrant that:
- You own or have the right to use and license all elements of Your Content.
- Your Content does not infringe any third-party intellectual property, privacy, or other rights.
- Your Content complies with all applicable laws.
You grant Emmy a limited license to use Your Content solely for the purpose of delivering your project. We will not use Your Content for any other purpose.
08 — Confidentiality
Keeping things private
Both parties may share confidential information during the course of a project. Each party agrees to:
- Keep the other's confidential information secure and not disclose it to third parties.
- Use confidential information only for the purpose of the engagement.
- Promptly notify the other party if confidential information is accidentally disclosed.
This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law. Confidentiality obligations survive termination of the engagement for a period of 3 years.
09 — Warranties
What we promise — and what we don't
We warrant that our work will be performed with reasonable skill and care, and that the deliverables will materially conform to the agreed SOW.
Except as expressly stated above, Emmy provides its services "as is" and makes no other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant specific business outcomes — such as rankings in search engines, conversion rates, or revenue generated — from any deliverable.
10 — Limitation of liability
The extent of our responsibility
To the fullest extent permitted by law, Emmy's total liability arising out of or related to any engagement shall not exceed the total fees paid by you to Emmy for that specific engagement in the 12 months preceding the claim.
Emmy shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including lost profits, loss of data, or business interruption — even if we have been advised of the possibility of such damages.
Nothing in these Terms limits liability for fraud, death, or personal injury caused by our negligence.
11 — Termination
Ending the relationship
Either party may terminate an engagement for convenience with 14 days' written notice. On termination:
- You owe fees for all work completed up to the termination date, calculated on a time-and-materials basis against the project rate.
- Emmy will deliver all completed work to you upon receipt of final payment.
- Emmy may terminate immediately if you breach these Terms and fail to remedy the breach within 7 days of notice.
Maintenance plan subscriptions may be cancelled at any time; cancellation takes effect at the end of the current billing period.
12 — Disputes
Resolving disagreements
We'd much rather fix a problem than fight about one. If you have a concern, please email us first and we'll try to resolve it within 14 days.
If we cannot resolve a dispute informally, both parties agree to attempt mediation before initiating any legal proceeding. These Terms are governed by the laws of the Federal Republic of Nigeria, and any unresolved disputes shall be subject to the exclusive jurisdiction of the courts of Lagos State, Nigeria.
13 — Changes
When these terms change
We may revise these Terms from time to time. The updated version will always be posted at emmy.dev/terms with a new "Last updated" date. Material changes will be notified to active clients by email at least 14 days before they take effect. Continued use of our services after changes become effective constitutes acceptance.
14 — Contact
Questions about these terms
If anything here is unclear or you'd like a copy of a signed agreement, reach out — we'll respond promptly.