Terms of Service
These terms cover the use of this website and the general shape of our engagements. Every project also has its own statement of work, and where a signed statement of work says something different from these terms, the statement of work wins.
Using this website
The content here is provided for information. Nothing on this site is a binding offer, a quote, or professional advice for your particular situation. The guidance we publish is written honestly and in good faith, and it is still general guidance.
Scoping and quotes
Our scoping interview produces a brief describing what you need. From that we prepare a quote. A quote is not a contract. Work begins when we have both agreed a statement of work.
Quotes are based on what you tell us and on any material you provide. If that turns out to be materially incomplete or inaccurate, the quote may change, and we will tell you before doing anything that costs you more.
How we price
Most work is firm fixed price, agreed before we start. Some advisory work is time and materials, where the scope genuinely cannot be known in advance. Which one applies is stated in your statement of work.
Every quote breaks down into our labor, our tooling and overhead, and any infrastructure you will need. We do not mark up your infrastructure. It is itemized and passed through at cost. Where a less expensive stack would meet your requirement, we will say so.
Revisions
Fixed-price work includes a specific number of revision rounds, stated in your statement of work. Further rounds are available at a rate set out there too. We front-load this: we build and show you the frontend before any backend work starts, so that the expensive part of the project is only built once you are happy with what you can see.
Changes to scope
If you want something that was not in the agreed scope, tell us. We will say what it does to the price and the timeline, and we will not start it until you have agreed in writing. We will not absorb changes without telling you, and we will not bill you for them without telling you either.
What we need from you
Projects stall on inputs far more often than on build time. You are responsible for providing content, assets, access, and approvals reasonably promptly, and for having the right to give us whatever you give us. If we are waiting on you, timelines move.
Artificial intelligence in delivery
We say this plainly because it is central to how we work. Our work is produced with substantial assistance from AI tools, and every deliverable is reviewed and approved by an experienced human before it reaches you. If that arrangement is not acceptable for your work, tell us before we start rather than after.
Ownership and handover
While a project is being built it runs on our infrastructure. On final payment, ownership of the deliverables we created for you transfers to you, and we move the project to your accounts. That includes the code and the content we produced.
Two things do not transfer. We keep ownership of our own general know-how, methods, and any reusable tooling that predates your project or is not specific to it. And third-party components keep whatever licenses they came with.
You keep ownership of everything you gave us. We may describe the work in general terms as a case study, and we will ask you first before naming you.
Payment
Payment terms, schedule, and milestones are set out in your statement of work. Handover of the finished project happens on final payment.
Warranty and what we do not promise
We warrant that we will perform the work with reasonable skill and care. Beyond that, and to the extent the law allows, the work is provided without further warranties. We do not promise that software will be uninterrupted or free of all defects, and we do not promise any particular commercial outcome, ranking, or traffic.
If something we delivered does not do what the statement of work said it would, tell us and we will fix it.
Limitation of liability
To the extent the law allows, neither party is liable to the other for indirect or consequential loss, or for lost profits, revenue, or data. Our total liability arising from an engagement is limited to the fees you paid us for that engagement. Nothing here limits liability that cannot lawfully be limited.
Confidentiality
We treat what you share with us as confidential. We use it to consider your enquiry, to prepare and deliver the work we agree, to run and secure our services, to meet our legal obligations, and to protect our legal rights. Our Privacy Policy has the detail. We expect the same care of anything we share with you. This survives the end of the engagement.
Ending an engagement
Either of us may end an engagement in writing. If you end it, you pay for work properly performed up to that point. If we end it without cause, we will help you transition and will not hold finished, paid-for work hostage.
Governing law
These terms are governed by the law stated in your statement of work. Where none is stated, the governing law is that of the State of Virginia, United States.
Contact
Questions about these terms go to our contact form. Spearhead Analytica LLC.