Terms & Conditions

1. Agreement to Terms

By accessing this website at sahinenam.com (the "Site") or by hiring Sahin Enam ("I", "me", "my", or "the Developer") for any web development or design service, you ("Client", "you", or "your") agree to be fully bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Sahin Enam regarding your use of the Site and any services rendered.

Please read these Terms carefully before engaging my services or continuing to use this website. If you do not agree with any part of these Terms, you must immediately discontinue use of the Site and refrain from engaging my services. Your continued use of the Site or commencement of a project constitutes your acceptance of these Terms in full.

These Terms apply to all visitors, users, clients, and others who access or use the Site. They govern all service agreements, project collaborations, and communications between us, whether conducted via email, contact form, messaging platforms, or any other medium.

I reserve the right to update, modify, or replace these Terms at any time. Changes will be posted on this page with a revised "Last updated" date. Continued engagement with my services following such changes constitutes your acceptance of the updated Terms.

2. Services Provided

I am a professional web developer offering a comprehensive range of digital services. My primary areas of expertise include, but are not limited to:

• Frontend Development: Building responsive, accessible, and high-performance user interfaces using modern technologies such as HTML5, CSS3, JavaScript (ES6+), React.js, Next.js, Tailwind CSS, and related frameworks.
• Backend Development: Developing robust server-side applications, RESTful APIs, and database architectures using Node.js, Express.js, Firebase, MongoDB, and similar technologies.
• Full-Stack Web Applications: End-to-end development of complete web applications, from database design through to frontend implementation and deployment.
• Website Design & UI/UX: Creating visually appealing, user-centered interface designs that align with brand identity and improve user experience.
• E-commerce Development: Building online stores and shopping experiences with secure payment gateway integrations.
• Performance Optimization: Auditing and improving website loading speeds, Core Web Vitals scores, and overall technical SEO.
• Website Maintenance & Support: Ongoing updates, bug fixes, security patches, and technical support for existing websites.
• CMS Integration: Integration of content management systems to allow non-technical users to manage website content independently.
• API Integration: Connecting websites and applications to third-party APIs and external data services.
• Consultation & Code Review: Technical advisory services, code audits, and architecture planning for digital projects.

All services are provided on a freelance, contract basis. The specific scope of each engagement — including deliverables, technologies used, timelines, and pricing — will be defined and agreed upon in a written project proposal or service agreement before any work commences. I do not guarantee availability for all service requests, and I reserve the right to decline projects at my sole discretion.

Services are provided remotely unless otherwise specifically agreed in writing. All work is produced in accordance with current industry best practices and professional web development standards.

3. Project Process & Workflow

To ensure a smooth and successful collaboration, I follow a structured project workflow. Understanding this process helps set clear expectations for both parties.

3.1 Discovery & Scoping

Every project begins with an initial consultation — typically via email or video call — during which I seek to understand your goals, requirements, target audience, technical constraints, and budget. Following this discussion, I will prepare a detailed project proposal outlining the scope of work, deliverables, estimated timeline, and pricing. No work begins until the proposal is approved and signed (or accepted via email) by the Client.

3.2 Design Phase

Where applicable, the design phase involves creating wireframes, mockups, or prototypes for your review and approval. Feedback on designs should be consolidated and provided within the timeframe specified in the project agreement. Multiple rounds of design revisions may be included depending on the project tier; additional rounds beyond what is included will be billed at the applicable hourly rate.

3.3 Development Phase

Once designs are approved, development commences. I will provide periodic progress updates and, where appropriate, staging environment access so you can review the work in progress. Any changes to the agreed scope during this phase must be communicated promptly and will be subject to the change request process outlined in Section 7.

3.4 Testing & Quality Assurance

Before final delivery, all projects undergo thorough testing including cross-browser compatibility checks, responsive design testing across devices, performance benchmarking, and functional testing of all features. Any bugs or issues identified during this phase will be resolved at no additional cost.

3.5 Launch & Handover

Upon final approval and full payment, the completed project is handed over to the Client. Handover includes transfer of all project files, access credentials, and any documentation necessary for ongoing management. I offer a short post-launch support window (duration specified per project) during which minor issues will be addressed at no extra charge.

4. Client Responsibilities

A successful project is a collaborative effort. To ensure timely and effective delivery, the Client agrees to the following responsibilities:

• Accurate Requirements: Provide clear, complete, and accurate project requirements at the outset. Significant changes to requirements after the project has begun may result in revised timelines and costs.
• Timely Content Delivery: Supply all required content — including text copy, images, logos, brand guidelines, and media assets — in an agreed format and within the agreed timeframe. Delays in content delivery may cause corresponding delays to the project timeline.
• Prompt Feedback: Respond to review requests, design approvals, and other feedback requests within the timeframe specified in the project agreement (typically 3–5 business days). Extended silence may result in project hold fees or rescheduling.
• Designated Point of Contact: Provide a single, authoritative point of contact empowered to make decisions regarding the project. Conflicting instructions from multiple stakeholders may delay progress.
• Access & Credentials: Provide timely access to any platforms, hosting accounts, third-party services, or existing codebases required for the project. Ensure all shared credentials are for accounts you are legally authorized to share.
• Payment Obligations: Make all agreed payments on time in accordance with the project payment schedule. Delays in payment may result in a pause or suspension of work.
• Legal Compliance: Ensure that all content, materials, and information you provide for use in the project comply with applicable laws and do not infringe upon any third-party intellectual property, privacy rights, or other legal rights.
• Technical Cooperation: Cooperate with reasonable technical requests, such as setting up hosting, configuring domain DNS, or enabling required third-party integrations.

5. Payments & Fees

5.1 Pricing

All pricing is agreed upon in writing before work commences and will be specified in the project proposal or invoice. Prices are quoted in the currency agreed upon between the parties. I reserve the right to adjust my rates for new projects; however, rates will not change mid-project once a proposal has been accepted.

5.2 Deposit

For most projects, a non-refundable deposit of 30–50% of the total project value (as specified in the proposal) is required before work begins. This deposit reserves my time and resources and covers initial discovery and planning work. The remaining balance is payable as outlined in the project payment schedule, typically in one or more milestone-based installments.

5.3 Payment Schedule

Each project will have a defined payment schedule. Common structures include: (a) 50% upfront, 50% on delivery; (b) 30% upfront, 40% at midpoint milestone, 30% on delivery; or (c) monthly retainer for ongoing work. The applicable structure will be detailed in the project proposal.

5.4 Final Delivery

Final project files, source code, and access credentials will only be delivered upon receipt of full payment. I reserve the right to withhold delivery until all outstanding invoices are settled in full.

5.5 Late Payments

Invoices not paid within the agreed timeframe (typically 7–14 days from invoice date unless otherwise specified) may incur a late payment fee. Additionally, work may be paused or suspended on projects where payment is overdue. I reserve the right to pursue overdue payments through appropriate legal or collection channels.

5.6 Expenses

Out-of-pocket expenses incurred during the project — such as stock photography, licensed fonts, premium plugins, domain registration, or hosting — will be billed to the Client at cost, with prior written approval sought where expenses exceed a reasonable threshold. All anticipated significant expenses will be outlined in the project proposal.

5.7 Taxes

The Client is responsible for any applicable taxes, duties, or levies associated with the purchase of services in their jurisdiction. My quoted prices are exclusive of any taxes unless explicitly stated otherwise.

6. Intellectual Property

6.1 Client-Owned Deliverables

Upon receipt of full and final payment, I assign to the Client all ownership rights, title, and interest in the custom code, designs, and other original creative works specifically produced for the Client's project under these Terms ("Project Deliverables"). This assignment covers the right to use, modify, distribute, and build upon the deliverables for any lawful purpose.

6.2 Pre-Existing & Third-Party Materials

The assignment in Section 6.1 does not extend to: (a) pre-existing intellectual property owned by me that I incorporate into the project (including proprietary tools, code snippets, frameworks, or methodologies developed independently); (b) open-source libraries, frameworks, or packages (such as React, Next.js, Tailwind CSS, Node.js, etc.) which are licensed under their respective open-source licenses; (c) third-party assets such as stock photography, licensed icon sets, commercial fonts, or premium plugins, which remain under their original third-party licenses. The Client is responsible for ensuring continued compliance with any such third-party licenses.

6.3 Portfolio Rights

Unless the Client requests confidentiality in writing, I reserve the right to display the completed project in my professional portfolio, website, and marketing materials, and to reference the project in case studies or social media posts. Sensitive business information will not be disclosed.

6.4 Client Content

The Client retains all ownership of content, data, images, text, and other materials provided to me for use in the project. By providing such materials, the Client grants me a limited, non-exclusive license to use them solely for the purposes of completing the project.

6.5 No Infringement

The Client warrants that all materials, content, and information provided to me do not infringe upon any third-party intellectual property rights, including copyrights, trademarks, or patents. The Client agrees to indemnify and hold me harmless from any claims, damages, or expenses arising from any such infringement.

7. Revisions & Change Requests

I am committed to delivering work that meets your needs and expectations. Revisions are a natural part of any creative and technical process.

7.1 Included Revisions

Each project includes a defined number of revision rounds as specified in the project proposal. Revisions within the agreed project scope — meaning adjustments to the agreed deliverables without adding new features or substantially altering the project direction — are included within this allocation.

7.2 Out-of-Scope Changes

Requests for work that falls outside the originally agreed scope — including new features, additional pages, redesigns, or significant functionality changes — are considered Change Requests. All Change Requests will be assessed individually. I will provide a written quote for any additional work before it is carried out. Change Requests are not automatically included in the original project price.

7.3 Scope Creep

Scope creep — the gradual expansion of a project beyond its originally agreed boundaries through incremental additions — is one of the most common challenges in client-developer relationships. I monitor scope throughout each project and will promptly notify the Client when a request constitutes a scope change. This protects both parties by ensuring accurate budgeting and scheduling.

7.4 Revision Process

To ensure efficient processing, revision requests should be submitted in writing (email is preferred) and should be as specific as possible. Consolidated revision requests (listing all changes in a single communication) are far more efficient than piecemeal requests and help avoid confusion or missed items.

8. Timelines & Delays

All project timelines are estimates based on the agreed scope of work and the information available at the time of quoting. While I commit to making every reasonable effort to meet agreed deadlines, the following factors may affect delivery schedules:

• Delays in receiving required content, assets, or feedback from the Client.
• Scope changes or additional requirements added during the project.
• Technical challenges or dependencies outside my control (e.g. third-party API issues, hosting provider outages).
• Client-requested holds or pauses to the project.
• Force majeure events (illness, natural disasters, etc.).

I will communicate any anticipated delays as early as possible and work with the Client to adjust the timeline accordingly. Similarly, if the Client's delays (such as late content delivery or slow feedback) impact the project schedule, I reserve the right to adjust deadlines and potentially reschedule the project around other commitments.

If a project is placed on hold by the Client for more than 30 days, it may be subject to a restart fee and/or rescheduling based on my current availability.

9. Third-Party Tools & Services

Many web projects rely on third-party platforms, services, or software. While I carefully select reputable tools and services, I am not responsible for:

• Downtime, outages, data loss, or service interruptions caused by third-party platforms (including but not limited to hosting providers, cloud services, payment processors, CDN providers, or API services).
• Changes in third-party pricing, terms of service, or functionality that affect the project.
• Security vulnerabilities in third-party open-source libraries or plugins (though I will make reasonable efforts to use well-maintained, reputable packages and to apply available security patches).
• Any costs associated with third-party subscriptions or licenses required to support the project features.

The Client acknowledges that certain functionality may depend on third-party services and that the availability of such functionality is subject to the terms and continued availability of those services.

10. Warranties & Representations

I represent and warrant that:

• I have the right and authority to enter into this agreement and to perform the services described herein.
• The work I produce will be original and, to the best of my knowledge, will not infringe upon any third-party intellectual property rights.
• I will perform services with reasonable skill, care, and diligence in accordance with current professional web development standards.
• I will use commercially reasonable efforts to ensure that deliverables function as intended across the browsers and devices specified in the project scope at the time of delivery.

Disclaimer: Except as expressly stated above, all services and deliverables are provided "as is" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. I do not warrant that the website or application will be error-free, uninterrupted, or free from vulnerabilities after delivery, particularly following third-party updates, platform changes, or unauthorized modifications by the Client or others.

11. Limitation of Liability

To the maximum extent permitted by applicable law, I shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation: loss of profits, loss of data, loss of business opportunities, loss of goodwill, or any other commercial or economic losses arising out of or in connection with my services, this website, or any deliverables provided, even if I have been advised of the possibility of such damages.

In all cases, my total aggregate liability to the Client for any claims arising under or related to these Terms or any project agreement shall not exceed the total amount actually paid by the Client to me for the specific service giving rise to the claim during the three (3) months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full. In such cases, my liability shall be limited to the greatest extent permitted by applicable law.

12. Confidentiality

During the course of our engagement, each party may have access to confidential information belonging to the other party, including but not limited to business plans, financial information, proprietary technology, client data, trade secrets, and project details ("Confidential Information").

Both parties agree to: (a) keep all Confidential Information strictly confidential and not disclose it to any third party without the prior written consent of the disclosing party; (b) use Confidential Information solely for the purpose of fulfilling their respective obligations under the project agreement; and (c) protect Confidential Information with at least the same degree of care used to protect their own confidential information, but in no event less than reasonable care.

These confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach of this agreement; (b) was rightfully known to the receiving party before disclosure; (c) is independently developed by the receiving party without use of the Confidential Information; or (d) is required to be disclosed by law or court order, provided that the disclosing party is given prior notice where legally permissible.

If you require a formal Non-Disclosure Agreement (NDA), please request one before sharing sensitive project information, and I will be happy to discuss and sign an appropriate agreement.

13. Termination

13.1 Termination by Either Party

Either party may terminate a project engagement by providing written notice to the other party. The notice period and any associated conditions will be as specified in the project agreement, or, in the absence of such specification, a minimum of 14 days' written notice is required.

13.2 Fees Upon Termination

In the event of termination by the Client: (a) all fees for work completed up to the date of termination are due and payable immediately; (b) the initial deposit is non-refundable; (c) if work completed at termination exceeds the value of the deposit received, the Client shall pay the balance owed within 7 days of the termination notice; (d) if work completed at termination is less than the deposit amount, I may retain the deposit in full as a cancellation fee to cover time already invested in planning, research, and initial development work.

13.3 Termination by Developer

I reserve the right to terminate a project immediately and without prior notice if: (a) the Client breaches these Terms or the project agreement; (b) the Client fails to make required payments; (c) the Client engages in abusive, threatening, or unreasonable conduct; or (d) the project involves content or activities that I consider unethical, illegal, or harmful.

13.4 Effect of Termination

Upon termination, I will provide the Client with all completed work and project files proportional to the fees paid. Ownership of partially completed work remains with me until all outstanding fees are settled.

14. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the services provided, or any project agreement between us, the parties agree to first attempt to resolve the matter through good-faith negotiation and direct communication.

If the parties are unable to resolve the dispute through direct communication within 30 days of the dispute first arising, either party may propose mediation as a next step. Mediation involves the use of a neutral third-party mediator to facilitate a mutually acceptable resolution without resorting to litigation.

Only if negotiation and mediation have been attempted and have failed to resolve the dispute should either party consider pursuing formal legal proceedings. Both parties agree to provide the other with reasonable advance notice before initiating any formal legal action.

Nothing in this section shall prevent either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction where necessary to prevent immediate, irreparable harm.

15. Governing Law

These Terms of Service and any disputes arising hereunder shall be governed by and construed in accordance with the applicable laws of the jurisdiction in which I am based, without regard to conflict of law principles. By engaging my services, you consent to the jurisdiction of the courts in my jurisdiction for the resolution of any disputes that proceed to formal litigation.

If you are a Client located in a different jurisdiction, please be aware that local consumer protection laws may provide you with additional rights that these Terms cannot limit. Nothing in these Terms is intended to override any mandatory rights you have under applicable local law.

16. Amendments to These Terms

I reserve the right to amend, update, or replace these Terms of Service at any time. When changes are made, the revised Terms will be posted on this page and the "Last updated" date at the top of this document will be revised accordingly.

For existing project engagements, changes to these Terms will not apply retroactively. Any material changes that affect ongoing projects will be communicated to affected Clients directly. For new projects or inquiries, the Terms in effect at the time the project proposal is accepted shall govern the engagement.

We encourage you to review these Terms periodically to stay informed of any changes. Your continued use of this website or engagement of my services following the posting of revised Terms constitutes your acceptance of those changes.

17. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you wish to discuss a specific project or engagement, please do not hesitate to get in touch. I aim to respond to all inquiries within 1–2 business days.