Terms of Service

These Terms of Service ("Terms") govern your use of the VividGen website and the web design services provided by Christopher Wygoda trading as VividGen ("VividGen", "we", "us", or "our"), based in Poland.

By contacting us, commissioning a project, or using our website, you agree to be bound by these Terms. If you do not agree, please do not use our services.

1. Services

VividGen provides the following services:

• Custom website design and development
• E-commerce website design and development
• Landing page design and development
• Website maintenance and support (where agreed)

The specific scope, deliverables, timeline, and price for each project are agreed in writing (email or a signed proposal) before work begins. Those project-specific agreements form part of these Terms.

2. Project Process

Our standard project process is as follows:

1. Discovery: We hold a call to understand your requirements and agree on scope, timeline, and price.
2. Design: We produce design mockups or wireframes for your review and approval before development begins.
3. Development: Once designs are approved, we build the website.
4. Review & Revisions: You review the completed work and provide feedback. The number of revision rounds is specified in your project agreement.
5. Launch: Upon final approval and receipt of full payment, we hand over the website.

3. Payment Terms

• A 50% deposit is required before any work begins. The remaining 50% is due upon project completion and before the live website is handed over or deployed.
• Invoices are due within 7 days of issue unless otherwise agreed.
• Payments are accepted via bank transfer or other methods agreed between the parties.
• All prices are quoted in USD unless otherwise stated. If you are located outside the US, currency conversion costs are your responsibility.
• Late payments may incur interest at the statutory rate under Polish law, or as otherwise agreed in writing.
• The deposit is non-refundable once design work has commenced.

4. Revisions and Scope Changes

Each project includes a fixed number of revision rounds as stated in the project proposal. A revision is defined as minor changes to existing design or content within the agreed scope.

A scope change is any addition or material alteration beyond the agreed scope (e.g. new pages, new features, change of direction). Scope changes will be quoted separately and require written approval before work proceeds.

Requests received after the project is complete are treated as new work and quoted accordingly.

5. Client Responsibilities

To keep the project on track, you agree to:

• Provide all required content (text, images, logos, brand assets) within the timeframe agreed at kickoff.
• Respond to design reviews and feedback requests in a timely manner (typically within 3–5 business days).
• Ensure that all content and materials you provide do not infringe any third-party intellectual property rights.
• Provide accurate information about your business and requirements.

Delays caused by late content or feedback from the client may result in adjusted timelines. VividGen is not responsible for missed deadlines caused by client delays.

6. Intellectual Property

a) Your content

You retain ownership of all content, logos, trademarks, and materials you provide to us. By providing them, you grant VividGen a licence to use them solely for the purpose of completing your project.

b) Delivered website

Upon receipt of full and final payment, VividGen transfers ownership of the custom code and design created specifically for your project to you. You may then use, modify, and maintain the website freely.

c) Third-party components

Some elements of your website may incorporate open-source libraries, fonts, or third-party components. These remain subject to their own licences. VividGen will inform you of any such dependencies.

d) Portfolio rights

VividGen reserves the right to display the completed project in our portfolio and marketing materials unless you request otherwise in writing prior to project completion.

7. Warranties and Disclaimers

VividGen warrants that:

• The work will be performed with reasonable skill and care.
• The delivered website will function as described in the agreed scope.
• The website will be tested for compatibility with current versions of major browsers (Chrome, Firefox, Safari, Edge) at the time of delivery.

VividGen does not warrant specific business outcomes (e.g. conversion rates, search rankings, revenue) as these depend on factors outside our control. We make no guarantee that the website will be free from all bugs in perpetuity, as browser updates, hosting changes, and third-party integrations can introduce issues after delivery.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

• VividGen's total liability for any claim arising from a project shall not exceed the total fees paid by you for that specific project.
• VividGen shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or business interruption, even if advised of the possibility of such damages.
• VividGen is not liable for any issues arising from content, materials, or instructions provided by you, including intellectual property infringement claims.
• VividGen is not liable for downtime, data loss, or security issues caused by your hosting provider or third-party services after the website has been handed over.

9. Termination

Either party may terminate the project by written notice if:

• The other party materially breaches these Terms and fails to remedy the breach within 14 days of written notice.
• The other party becomes insolvent or ceases to operate.

If you terminate after design work has begun, the deposit is forfeited. If VividGen terminates without cause, any deposit paid for work not yet delivered will be refunded on a pro-rata basis.

10. Confidentiality

Both parties agree to keep confidential any non-public business information shared during the project. VividGen will not disclose your proprietary information to third parties without your consent, except as required to deliver the project (e.g. sharing assets with a hosting provider) or by law.

11. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Poland, without regard to conflict of law principles.

Any disputes arising from these Terms or the services provided shall first be attempted to be resolved amicably through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to the competent courts of Poland.

Note for US-based clients: While we serve clients primarily in the United States, our business is incorporated and operated in Poland. You agree that Polish law governs this agreement. This does not affect any statutory consumer rights you may have under your local law.

12. Changes to These Terms

We may update these Terms from time to time. We will update the "Last updated" date at the top of this page. For active projects, changes will not apply retroactively — the Terms in effect at the time of your project agreement will govern that project.

13. Contact

Questions about these Terms? Get in touch: