NM Dev Website Services Agreement

NM Dev — Website Services Terms and Conditions

Effective date: 2026-10-24 Service provider: NM DEV PTE LTD (NM Dev) Registered address: 2 Venture Drive, #11-05, Vision Exchange, Singapore 608526 Contact: sales@nm.dev

1. Agreement

These terms apply to website design, development, redesign, hosting, maintenance, and related services supplied by NM Dev (“we”, “us”, or “our”) to the customer identified in our quotation (“you”).

Our accepted quotation, agreed project specification, and these terms form the agreement. Any expressly agreed terms in the quotation take priority over conflicting provisions here.

You accept this agreement by signing or expressly accepting our quotation, or by paying the requested deposit after receiving these terms. The person accepting confirms that they have authority to bind the customer.

2. Scope of services

We will provide only the services and deliverables described in the accepted quotation.

Unless expressly included, the price excludes domain registration, paid software licences, copywriting, translation, ongoing content changes, data migration, search-engine optimisation, accessibility audits, legal compliance reviews, and integrations with external services.

Any additional work requires agreement on its scope, price, and timing before it begins. We will not charge for unapproved extras.

3. Your responsibilities

You must provide the content, instructions, approvals, credentials, and other materials reasonably needed to complete the work.

You are responsible for:

• The accuracy, legality, and completeness of information you supply or approve.
• Obtaining permission to use supplied text, images, trademarks, videos, software, and other materials.
• Your products, services, customer transactions, and business operations.
• Obtaining appropriate legal advice on privacy notices, cookies, website terms, accessibility, advertising, and industry-specific requirements.
• Keeping your account credentials secure and promptly reporting suspected unauthorised access.

We are not engaged to provide legal advice or certify regulatory compliance unless expressly agreed. This does not remove our own obligations under applicable law.

4. Fees and payment

The quotation will state the currency, applicable taxes, included services, and any recurring charges.

Unless otherwise agreed, 50% of the project fee is payable before work starts, with the balance payable after completion of the agreed work and before public launch or final handover.

Invoices are payable within 14 calendar days. You must promptly identify any genuinely disputed amount and pay the undisputed balance when due.

Deposits are credited against the project fee. Cancellation refunds are calculated under clause 15; deposits are not automatically forfeited.

Third-party purchases made specifically for your project require your approval.

5. Timelines and customer delays

Delivery dates are estimates unless expressly agreed as binding in writing.

Dates may need reasonable adjustment because of changes in scope, delayed materials or approvals, or events outside our reasonable control. We will inform you of material delays.

If we receive no necessary response from you for 30 days after a written reminder, we may pause the project. Restart dates depend on availability, and any additional costs must be agreed before work resumes.

6. Revisions and changes

Unless the quotation states otherwise, the project includes two consolidated rounds of revisions within the original scope.

Additional pages, new features, substantial redesigns after approval, and changes to previously approved requirements are additional work.

Correcting our failure to meet the agreed specification does not count as a paid revision.

7. Review, acceptance, and launch

We will give you an opportunity to review the website before launch. Please report material departures from the agreed specification within 10 business days of receiving the completed website for review.

We will correct verified departures within a reasonable time. New preferences or requirements are handled as changes in scope.

Acceptance occurs when you approve the deliverables in writing or instruct us to launch them. Silence alone does not authorise public launch.

Acceptance does not waive rights concerning hidden defects or rights that cannot legally be waived.

8. Website and server availability

Website, hosting, and maintenance services are provided on a commercially reasonable, best-effort basis. We do not guarantee continuous, uninterrupted, or error-free operation.

Websites, servers, email, databases, and associated services may occasionally be unavailable or degraded because of maintenance, upgrades, software faults, security incidents, network failures, or third-party outages.

Unless a separate service-level agreement expressly states otherwise:

• No minimum uptime percentage is promised.
• No guaranteed response or restoration time applies.
• Continuous monitoring and 24-hour support are not included.
• Downtime does not automatically entitle you to service credits.

For services under our management and within the agreed scope, we will use reasonable efforts to investigate and restore service after becoming aware of a problem.

We will give reasonable advance notice of planned material downtime where practicable. Emergency work may proceed without advance notice.

This clause does not excuse a failure to exercise reasonable care and skill or limit mandatory legal remedies.

9. Hosting and third-party services

Websites may depend on external hosting providers, domain registrars, software, plugins, payment processors, APIs, and other third-party services.

Their availability, continued operation, pricing, features, and licence conditions are outside our control. We do not warrant their uninterrupted availability or continued compatibility.

Work required because a third party changes or discontinues a service may require a separate quotation, except where covered by your maintenance plan or required to remedy our own breach.

Where practicable, domains and some customer-specific accounts will be registered in your name. You are responsible for renewals unless we expressly agree to manage them.

10. Maintenance and defect correction

Unless otherwise agreed, we will correct reproducible defects in our work reported within 30 calendar days after launch where the delivered website materially fails to meet the agreed specification.

This correction service excludes problems caused by unauthorised changes, misuse, or subsequent third-party changes, except to the extent that our own breach contributed to the problem.

Ongoing maintenance applies only where separately purchased. Its scope is limited to the services stated in the maintenance plan; it does not include unlimited changes, redesigns, or new functionality.

The 30-day period does not shorten statutory rights or other remedies for breach of this agreement.

11. Security, backups, and data

We will use reasonable care in implementing security measures within the agreed scope. No website, server, or internet-connected system can be guaranteed completely secure.

Unless expressly included, services do not include penetration testing, continuous security monitoring, disaster recovery, or managed backups.

Where backups are included, the quotation or maintenance plan must specify their frequency, retention period, and restoration arrangements. We do not guarantee recovery of every item of data.

You should maintain independent copies of critical business information and supplied content. We remain responsible for performing any backup or security obligations we expressly accept.

Do not provide sensitive or regulated personal data unless we have agreed appropriate handling arrangements. Where required, the parties will enter into a separate data-processing agreement.

12. Ownership and licences

You retain ownership of materials you supply.

We retain ownership of our pre-existing materials, reusable components, tools, templates, libraries, methods, and general know-how. We grant you a perpetual, non-exclusive licence to use and modify those materials as incorporated into the paid deliverables, including through a replacement service provider.

Third-party and open-source materials remain subject to their respective licences. Recurring subscriptions and licence renewals are your responsibility unless expressly included.

We may use subcontractors but remain responsible for our contractual obligations.

We will obtain your written permission before using your name, logo, or project in public marketing; exceptions include displaying the projects as parts of our portfolios.

13. No guarantee of commercial results

We do not guarantee any particular sales, enquiries, conversion rates, search rankings, traffic levels, profitability, or business outcome.

You remain responsible for operating your business and deciding how to use the website. The website must not be used for safety-critical purposes unless expressly agreed under a separate contract.

Except as expressly promised in this agreement or required by law, we give no additional warranties concerning the website’s suitability for an undisclosed purpose.

14. Limitation of liability

Nothing in this agreement excludes or limits liability that cannot lawfully be excluded or limited, including applicable statutory rights, fraud, fraudulent misrepresentation, or death or personal injury caused by negligence where exclusion is prohibited.

Subject to that qualification, and to the fullest extent permitted by law:

a. Excluded losses. We will not be liable for indirect or consequential losses, or for loss of profits, revenue, anticipated savings, business opportunities, or goodwill arising from this agreement or the use of, or inability to use, the website or services.

b. Liability cap. Our total aggregate liability arising from or connected with this agreement, whether in contract, tort (including negligence), or otherwise, will not exceed the total of:

• The development fees paid or payable under the affected project quotation; and
• The hosting and maintenance fees paid or payable for the affected services during the 12 months immediately preceding the event giving rise to the first claim.

c. Customer and external causes. We are not responsible for loss to the extent caused by your unlawful use, inaccurate materials, unauthorised modifications, or failure to perform an agreed responsibility. An external failure does not excuse our own failure to perform an expressly agreed obligation.

These limitations apply only where legally permitted and enforceable. They do not remove any mandatory right to correction, refund, compensation, or another remedy.

15. Cancellation, suspension, and termination

You may cancel a project by written notice. You must pay for work reasonably completed up to cancellation and approved, unavoidable third-party commitments, without double recovery. We will refund any unused prepaid balance and provide paid-for completed work.

Either party may terminate for a material breach that remains uncorrected 14 days after written notice describing the breach.

We may suspend affected services after written notice if an undisputed payment remains overdue and you have not paid within a further seven days.

Immediate suspension is permitted where reasonably necessary to address unlawful activity, a serious security threat, or a binding legal requirement. Suspension will be proportionate, and we will notify you as soon as reasonably practicable.

On termination, we will provide a reasonable opportunity to retrieve your website and data. Unless otherwise agreed or legally required, we may delete hosted copies 30 days after termination, following written notice. Additional migration assistance may be charged at an agreed rate.

16. Claims relating to customer materials or unlawful use

To the extent permitted by law, you will reimburse us for reasonable losses and legal costs arising from a third-party claim that materials you supplied infringe that party’s rights, or that your unlawful use of the website caused harm.

This obligation applies only to the extent the claim results from your breach of this agreement or unlawful conduct. It does not cover loss caused by our negligence, infringement, or breach.

We must promptly notify you, take reasonable steps to reduce loss, allow reasonable participation in the defence, and obtain your consent before agreeing a settlement that imposes obligations on you. Consent must not be unreasonably withheld.

17. Confidentiality

Each party will protect the other’s confidential information, use it only to perform this agreement, and disclose it only to people who need it and are subject to appropriate confidentiality obligations, or where legally required.

This does not apply to information already lawfully known, independently developed, or publicly available through no breach of this agreement.

18. Events outside reasonable control

Neither party is liable for delay or failure caused by events beyond its reasonable control, provided it takes reasonable steps to reduce the impact and informs the other party.

This does not excuse obligations that could reasonably have been performed despite the event, or payment for services already delivered.

If the event prevents substantial performance for more than 30 consecutive days, either party may terminate the affected services. Fees for undelivered services will be refunded, less approved, unavoidable third-party commitments.

19. General provisions and disputes

Changes to an existing agreement require both parties’ written agreement. Publishing updated website terms does not automatically change an existing contract.

If a provision is unenforceable, the remaining provisions continue to apply to the extent permitted by law.

The parties will first try in good faith to resolve disputes through their nominated contacts. This does not prevent urgent court relief or the exercise of mandatory legal rights.

This agreement is governed by the laws of Singapore, and disputes are subject to the courts of Singapore, subject to any mandatory rules requiring otherwise.

Formal notices must be sent to the contact email addresses identified in the quotation.