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Terms & Conditions
Effective Date: January 1, 2025
Last Updated: January 1, 2025
Agreement to Terms: By accessing and using the Neongold Studios website and services, you agree to be bound by these Terms & Conditions. If you disagree with any part of these terms, you may not access our website or use our services.
1. Company Information
2. Definitions
For the purposes of these Terms & Conditions:
- "Company," "We," "Us," "Our" refers to Neongold Studios
- "Client," "You," "Your" refers to the individual or entity using our services
- "Services" refers to cloud services, mobile development, game development, UI/UX design, and technology consulting
- "Website" refers to neongoldstudios.de and all associated pages
- "Agreement" refers to these Terms & Conditions and any associated service contracts
- "Deliverables" refers to work products, code, designs, and documentation provided as part of our services
3. Services Overview
3.1 Cloud Services
We provide enterprise-grade cloud solutions including:
- Cloud infrastructure design and implementation
- Serverless architecture development
- Cloud migration and optimization
- DevOps and CI/CD pipeline setup
- 24/7 monitoring and maintenance
- Security audits and compliance
3.2 Mobile Development
Our mobile development services include:
- Native iOS and Android application development
- Cross-platform development (Flutter, React Native)
- Progressive Web Apps (PWA)
- Mobile UI/UX design
- App Store and Google Play submission
- Ongoing maintenance and updates
3.3 Game Development
We create immersive gaming experiences through:
- Game design and concept development
- 2D and 3D game development
- Unity and Unreal Engine expertise
- Multiplayer and backend infrastructure
- Game testing and quality assurance
- Post-launch support and updates
3.4 UI/UX Design
Our design services feature:
- Futuristic dark-themed interfaces with neon aesthetics
- User research and persona development
- Wireframing and prototyping
- Design systems and style guides
- Usability testing and optimization
4. Service Engagement Process
4.1 Initial Consultation
All projects begin with a consultation to understand your requirements, goals, and technical needs. This consultation is complimentary and non-binding.
4.2 Proposal and Quote
Following consultation, we provide:
- Detailed project scope and specifications
- Timeline and milestone schedule
- Pricing structure and payment terms
- Deliverables and acceptance criteria
4.3 Contract Execution
Upon agreement, both parties sign a formal service contract that includes:
- Statement of Work (SOW)
- Payment schedule
- Intellectual property provisions
- Confidentiality agreements
- Acceptance and warranty terms
5. Pricing and Payment Terms
5.1 Pricing Structure
We offer flexible pricing models:
- Fixed Price: For well-defined projects with clear scope
- Time & Materials: Hourly or daily rates for ongoing work
- Retainer Agreements: Monthly fee for continued support and development
- Milestone-Based: Payments tied to project phase completion
5.2 Payment Schedule
Standard payment terms:
- Initial Deposit: 30-50% upon contract signing
- Milestone Payments: As defined in project agreement
- Final Payment: Upon project completion and acceptance
- Retainers: Billed monthly in advance
5.3 Accepted Payment Methods
- Bank transfer (SEPA for EU clients)
- International wire transfer
- Credit card (for smaller projects)
- PayPal (for international clients)
5.4 Late Payment
Invoices are due within 14 days of issue. Late payments may incur:
- Interest charges of 1.5% per month (18% annually)
- Suspension of services until payment is received
- Administrative fees for collection efforts
6. Project Scope and Changes
6.1 Scope Definition
Project scope is defined in the Statement of Work (SOW) and includes detailed specifications, deliverables, and acceptance criteria.
6.2 Change Requests
Any changes to project scope must be:
- Submitted in writing via email or project management system
- Reviewed for impact on timeline and budget
- Approved by both parties before implementation
- Documented with updated SOW and pricing
6.3 Scope Creep Prevention
To maintain project integrity:
- Out-of-scope requests will be identified immediately
- Additional work requires separate authorization
- Regular scope reviews ensure alignment
7. Intellectual Property Rights
7.1 Client Ownership
Upon full payment, clients receive:
- Ownership of custom code and designs created specifically for their project
- License to use all deliverables for intended purposes
- Source code and documentation
7.2 Neongold Studios Retention
We retain ownership of:
- Pre-existing proprietary tools, frameworks, and libraries
- General methodologies and development processes
- Reusable code components not specific to client project
7.3 Third-Party Components
Projects may incorporate third-party software subject to separate licensing terms (open-source licenses, commercial APIs, etc.). Clients are responsible for compliance with these licenses.
7.4 Portfolio Rights
Unless otherwise agreed in writing, we reserve the right to:
- Display project work in our portfolio
- Use project as case study (with client approval)
- Reference client for business development purposes
8. Confidentiality
8.1 Mutual Confidentiality
Both parties agree to:
- Protect confidential information shared during engagement
- Use information only for project purposes
- Implement reasonable security measures
- Return or destroy confidential materials upon request
8.2 Confidential Information Includes
- Business strategies and plans
- Technical specifications and trade secrets
- Customer data and proprietary algorithms
- Financial information and pricing
8.3 Exceptions
Confidentiality obligations do not apply to information that:
- Is publicly available
- Was known prior to disclosure
- Is independently developed
- Must be disclosed by law
9. Warranties and Disclaimers
9.1 Our Warranties
We warrant that:
- Services will be performed with professional skill and care
- Deliverables will substantially conform to specifications
- We have the right to provide the services
- Work will not infringe third-party intellectual property rights (to our knowledge)
9.2 Warranty Period
Bug fixes and corrections are provided free of charge for:
- 30 days for minor projects
- 60 days for standard projects
- 90 days for enterprise projects
9.3 Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9.4 Technology Limitations
We cannot guarantee:
- Uninterrupted or error-free operation
- Compatibility with all devices and browsers
- Specific performance metrics unless contractually agreed
- Third-party service availability (APIs, hosting, etc.)
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Our total liability shall not exceed the total fees paid for the specific service giving rise to the claim
- We are not liable for indirect, incidental, special, consequential, or punitive damages
- This includes lost profits, data loss, or business interruption
- These limitations apply regardless of the form of action (contract, tort, negligence, etc.)
10.1 Exceptions
Liability limitations do not apply to:
- Gross negligence or willful misconduct
- Personal injury or death
- Fraud or fraudulent misrepresentation
- Violations of applicable law where limitations are prohibited
11. Client Responsibilities
11.1 Information Provision
Clients must provide:
- Timely access to necessary information, systems, and personnel
- Clear project requirements and specifications
- Feedback and approvals within agreed timeframes
- Content, branding materials, and assets as needed
11.2 Decision Authority
Client representatives must have:
- Authority to make project decisions
- Ability to provide timely approvals
- Access to internal stakeholders
11.3 Delay Impact
Client-caused delays may result in:
- Extended project timelines
- Additional costs for extended team availability
- Rescheduling of development resources
12. Termination
12.1 Termination for Convenience
Either party may terminate with 30 days written notice. Client remains obligated to pay for:
- All work completed to date
- Non-refundable expenses incurred
- Cancellation fees for third-party services
12.2 Termination for Cause
Either party may terminate immediately if the other party:
- Materially breaches these terms
- Fails to cure breach within 15 days of written notice
- Becomes insolvent or files for bankruptcy
- Ceases business operations
12.3 Effect of Termination
- All outstanding invoices become immediately due
- We will deliver all completed work
- Client receives limited license for work-in-progress
- Confidentiality obligations survive termination
13. Indemnification
13.1 Client Indemnification
Client agrees to indemnify us against claims arising from:
- Client-provided content, data, or materials
- Use of deliverables outside agreed scope
- Violation of third-party rights
- Breach of these terms
13.2 Neongold Studios Indemnification
We agree to indemnify client against claims that our deliverables infringe third-party intellectual property rights, subject to:
- Prompt written notice of claim
- Reasonable cooperation in defense
- Exclusive control of defense and settlement
14. Force Majeure
Neither party is liable for delays or failures due to circumstances beyond reasonable control, including:
- Natural disasters, pandemics, or acts of God
- War, terrorism, or civil unrest
- Government actions or regulatory changes
- Labor disputes or strikes
- Internet or telecommunications failures
- Third-party service provider outages
15. Dispute Resolution
15.1 Negotiation
Disputes shall first be addressed through good-faith negotiations between senior management representatives.
15.2 Mediation
If negotiation fails, parties agree to mediation before a neutral third party in Landau in der Pfalz, Germany.
15.3 Arbitration/Litigation
Unresolved disputes shall be settled by:
- Binding arbitration under German law (for amounts over €50,000)
- Courts of competent jurisdiction in Landau in der Pfalz, Germany
16. Governing Law
These Terms & Conditions are governed by:
- Laws of the Federal Republic of Germany
- European Union regulations (where applicable)
- Exclusive jurisdiction of German courts
- German language prevails in case of translation disputes
17. General Provisions
17.1 Entire Agreement
These terms, together with any signed service agreements, constitute the entire agreement between parties.
17.2 Amendments
Modifications must be in writing and signed by authorized representatives of both parties.
17.3 Severability
If any provision is found unenforceable, remaining provisions continue in full effect.
17.4 Waiver
Failure to enforce any right does not constitute a waiver of that right.
17.5 Assignment
Client may not assign rights without our written consent. We may assign to affiliates or in connection with business transfer.
17.6 Independent Contractors
The relationship is that of independent contractors. No partnership, employment, or agency relationship is created.
18. Contact Information
Acceptance: By using our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.
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