Service Policy

Effective Oct 3, 2023

1. Eligibility for Services

I'm committed to providing top-notch quality services to my clients. However, there are certain eligibility criteria and service policies that potential clients should be aware of:

1. Residence: I offer my services to clients worldwide, but I do not work with clients residing in Israeli Occupation, France, and countries subject to international trade sanctions or embargoes.

2. Types of Projects

I specialize in software development and related services. While I'm open to a wide range of projects, there are some areas I won't assist you with:

1. Content Restrictions: I do not work on projects related to adult content, gambling, or illegal activities.
2. Niche Restrictions: I do not work on music or entertainment websites or apps.
3. Website or App Cloning and Impersonation: I do not engage in projects that involve cloning a website or app entirely or impersonating. These activities go against ethical and legal guidelines.
4. Legal Compliance: I strictly adhere to all relevant laws and regulations in the jurisdictions where I operate. I do not engage in projects that may involve activities that violate local, national, or international laws.
5. Ethical Guidelines: I uphold ethical guidelines and professional standards in all projects. I do not participate in projects that promote hate speech, discrimination, or harmful content.
6. Scope Clarity: It's important to maintain a clear project scope to ensure successful collaboration. Projects with ambiguous or constantly changing requirements may not be suitable for my services.
7. Project Size: While I am open to projects of varying sizes, very large-scale projects may require additional consideration and discussion to ensure they align with my capacity and expertise.
8. Non-Disclosure Agreements (NDAs): I am open to signing non-disclosure agreements to protect the confidentiality of your project details. Kindly feel free to discuss this if required.
9. Project Timeline: Clear project timelines and milestones are essential for successful project management. I encourage clients to define project timelines at the outset to ensure timely delivery.
10. Client Responsibilities: It's important for clients to actively participate in projects, provide necessary information, and adhere to agreed-upon timelines. Collaboration is a two-way process, and client involvement is crucial for project success.

3. Payment Options & Rates

Kindly review this section carefully, as it covers hourly contracts, discounts, and our exclusive use of Upwork for all payment transactions.

1. Payment Through Upwork: I exclusively operate through Upwork and do not accept direct payments. This ensures secure payments through Upwork's Escrow service and access to mediation and dispute resolution services, providing a safe and reliable payment platform for our collaboration.
2. No Payments Outside of Upwork: In the past, some clients have inquired about moving payments outside of Upwork to save on fees. However, I want to clarify that I do not agree to such arrangements. One of the reasons for this stance is my commitment to growing my Upwork profile and not engaging in work outside of the platform or on any other freelancing platform. This commitment allows me to maintain the highest level of professionalism, security, and accountability in our working relationship.
3. Hourly Contracts (Preferred): I prefer working on hourly contracts as they offer flexibility and allow for dynamic project adjustments. Hourly contracts are particularly suitable for projects where the scope may evolve during the engagement, ensuring that you are billed fairly for the time and effort invested.
4. Fixed-Price Contracts: While my preference leans towards hourly contracts, I am open to considering fixed-price contracts for projects with well-defined scopes and clear deliverables. kindly feel free to discuss your project requirements, and we can determine the most appropriate contract type together.
5. Annual Rate Increment: It's important to note that for long-term engagements, we may agree upon an annual rate increment of 10-20%, depending on the project's nature and complexity. This increment is designed to align with industry standards and ensure that my services remain competitive and reflective of the evolving market.

4. Collaboration Channels

Effective communication and collaboration are essential for successful project outcomes. To ensure seamless interaction and project management, I offer multiple channels tailored to your preferences and requirements. Explore the options below to determine the most suitable collaboration method for your project:

1. Upwork Collaboration: Clients with an Upwork account can take advantage of this streamlined collaboration method. You have the option to invite me directly to your Upwork job posts, facilitating efficient communication and project coordination on the platform. This approach ensures a secure and transparent working environment, with access to Upwork's extensive features and services.
2. Direct Contracts via Upwork: For clients who may not be using Upwork or prefer a more personalized approach, we can initiate Direct Contracts through Upwork. This method ensures secure payments through Upwork's Escrow service, offering peace of mind for financial transactions. Additionally, Direct Contracts grant access to Upwork's mediation and dispute resolution services, providing a safety net for any unforeseen issues during our collaboration.

5. Confidentiality and Data Protection

Your trust is of utmost importance, and I am committed to safeguarding your confidential information and sensitive data. Here's how I prioritize confidentiality and protect your information:

1. Strict Confidentiality: I treat all project details, proprietary information, and sensitive data with strict confidentiality. Any information you share with me will not be disclosed or used for any purpose beyond the scope of our project without your explicit consent.
2. Non-Disclosure Agreements (NDAs): To provide an additional layer of protection for your confidential information, I am open to signing non-disclosure agreements (NDAs) upon request. NDAs ensure that your data is legally safeguarded and not shared with third parties.
3. Secure Data Handling: I employ industry-standard security measures to protect your data. This includes secure storage and transmission of project-related materials to prevent unauthorized access or breaches.
4. Secure Communication: When we communicate regarding project details or sensitive matters, I ensure that our communication channels are secure. This includes the use of encrypted email and secure messaging platforms.
5. Access Control: Access to your project information is restricted to individuals directly involved in the project. I take steps to limit access to sensitive data to those with a legitimate need to know.
6. Regular Security Updates: I stay informed about the latest security practices and updates to ensure that your data is protected against evolving threats.
7. Data Protection Compliance: I adhere to relevant data protection laws and regulations to ensure that your data is handled in accordance with legal requirements.

6. Project Delivery and Timelines

I am committed to delivering high-quality work within agreed-upon timelines. However, project delivery times may vary depending on the scope and complexity of the project. Clear timelines and milestones will be established at the outset of each project.

7. Revisions and Feedback

I am open to client feedback and strive to deliver work that meets or exceeds expectations. Clients are encouraged to provide feedback and request revisions when necessary to ensure satisfaction.

8. Intellectual Property

Intellectual property rights are essential in defining the ownership and usage of code, creative assets, and other project-related materials. Here's how I handle intellectual property in our projects:

1. Ownership: Unless otherwise specified in a separate agreement, the intellectual property rights for the code and creative assets developed during the project will belong to you, the client. This means that you will have full ownership and control over the work produced.
2. Licensing: I grant you a non-exclusive, worldwide, and perpetual license to use, modify, and distribute the project deliverables for your intended purposes. This license allows you to make the most of the work produced without restrictions.
3. Third-Party Components: If the project incorporates third-party components, libraries, or assets, kindly note that their usage may be subject to separate licenses. It's essential to review and comply with these licenses when applicable.
4. Confidentiality: Any proprietary or confidential information shared during the project will be treated with the utmost confidentiality.

9. Dispute Resolution

While my aim is always to ensure a smooth and successful project experience, disputes can arise. It's important to note that such situations are very rare. In the event of any issues or disagreements during the project, we will follow a structured dispute resolution process to seek a fair and amicable resolution. Here's how this process works:

1. Open Communication: The first step in addressing any dispute is open and honest communication. If you encounter an issue or concern, kindly bring it to my attention promptly. Similarly, I will provide you with clear and transparent feedback regarding any concerns I may have.
2. Mediation: If initial discussions do not resolve the matter, we may opt for mediation. Mediation involves an impartial third party, and we may choose to utilize Upwork's mediation service for this purpose. Mediation helps facilitate communication and negotiation between us, offering an effective and non-adversarial method to reach a mutually agreeable solution.
3. Arbitration: In the event that mediation does not lead to resolution, we may consider arbitration. Arbitration involves a neutral arbitrator who reviews the facts and evidence presented by both parties and issues a binding decision. This decision is legally enforceable.
4. Legal Action: If arbitration does not provide a satisfactory resolution, legal action may be considered as a last resort. This would involve taking the matter to a court of law, and the decision of the court would be binding.

10. Unforeseen Circumstances

While I strive to provide a seamless and consistent project experience, there may be situations beyond my control that could impact project timelines and responsibilities. These unforeseen circumstances can include, but are not limited to, natural disasters, acts of nature, global events, and other emergencies. In such rare and exceptional cases, it's important to understand that the safety and well-being of all parties involved are of utmost importance. In the event of unforeseen circumstances that affect our ability to adhere to project timelines or fulfill responsibilities, here's how we will approach the situation:

1. Open Communication: I will promptly communicate any disruptions caused by unforeseen circumstances. Likewise, I encourage you to inform me if you encounter any challenges or delays related to the project.
2. Assessment and Flexibility: We will assess the situation together and determine the best course of action to mitigate the impact on the project. This may involve adjusting project timelines, revising project deliverables, or exploring alternative solutions.
3. Safety and Well-being: The safety and well-being of all parties involved will always be our top priority. If necessary, we may need to temporarily suspend or adjust project activities to ensure the safety of everyone.
4. Resumption of Work: Once the situation stabilizes and it is safe to do so, we will work together to resume project activities and continue our collaboration.

11. Liability and Responsibility

While I am committed to delivering high-quality work and ensuring a successful project outcome, it's essential to clarify the extent of my liability and responsibility in various situations. Kindly read the following carefully to understand the boundaries of our working relationship:

1. Scope of Work: My responsibility is limited to the agreed-upon scope of work outlined in our project agreement or contract. I will make every effort to fulfill the specified deliverables and meet the project's requirements.
2. Professional Standards: I adhere to industry best practices and professional standards in delivering my services. However, I cannot guarantee error-free or flawless results, as the nature of software development can involve complexities and uncertainties.
3. Client Collaboration: Effective collaboration is vital for project success. I rely on your active participation, timely feedback, and the provision of necessary information to meet project milestones. Delays or issues resulting from a lack of client involvement may not be within my control.
4. Errors and Omissions: In the event of errors, omissions, or unexpected issues that arise during the project, I will make reasonable efforts to rectify and address them promptly. However, my liability is limited to the fees paid for the specific services provided, and I am not liable for any consequential, incidental, or indirect damages.
5. Third-Party Services: If the project involves third-party services or components, I am not responsible for any issues, errors, or limitations related to those services. Any warranties or guarantees provided by third-party service providers will apply.
6. Force Majeure: In cases of unforeseen circumstances beyond my control, such as natural disasters, global events, or emergencies, my liability is limited to the extent permitted by applicable laws.
7. Dispute Resolution: In the event of a dispute or disagreement related to the project, kindly refer to the dispute resolution process outlined in Dispute Resolution Section of this Service Policy.

12. Termination of Services

Either party may choose to terminate a project or services at any time. Clients are encouraged to review project terms and agreements before initiating termination.

13. Governing Law

In the event of any disputes, disagreements, or legal matters arising from my services, the governing law that will apply is the law of Pakistan, where I currently reside and conduct my freelance software development services. Kindly note that my location may change over time, but the governing law specified in this policy remains applicable to any disputes or legal matters that may arise during our collaboration. I am committed to resolving any issues amicably and in accordance with the applicable laws and regulations. If you have any questions or require further clarification regarding the governing law or dispute resolution process, kindly do not hesitate to contact me. Your satisfaction and understanding are essential, and I am here to address any concerns you may have.

14. Updates to Service Policy

I am committed to maintaining transparency and clarity in our working relationship, which includes keeping you informed about any updates or changes to these service policies. Kindly take note of the following regarding potential modifications:

1. Policy Revisions: These service policies may be subject to updates or changes from time to time. These revisions are made to ensure that the policies remain aligned with evolving industry standards, regulations, and the needs of clients.
2. Notification of Changes: In the event of any modifications to these service policies, I will notify clients through either email or updating the policies on my website. Clients who have engaged my services will receive an email notification outlining the specific changes made to the policies. This email will be sent to the contact information provided during the project engagement. I will update the "Service Policy" page on my website to reflect the latest version of the policies. Clients are encouraged to visit this page periodically to review any revisions.
3. Effective Date: The effective date of any policy changes will be clearly stated in the notification email and on the "Service Policy" page of my website. This date indicates when the revised policies come into effect.
4. Client Acknowledgment: By continuing to engage my services after receiving notification of policy changes, you acknowledge and accept the updated policies. If you do not agree with the modifications, kindly contact me to discuss any concerns or questions you may have.

15. Contact Information

For any questions or inquiries related to these service policies, kindly feel free to contact me through the provided contact form on my website or via email (work@withrana.com).