Terms of Service

Acceptance

By accessing this website or engaging LevelThree Co. for services, you agree to be bound by these Terms of Service. If you do not agree, please do not use this website or our services.

Services and engagements

LevelThree Co. provides custom software engineering, mobile development, API integration, cloud infrastructure, and related digital services. Each engagement is governed by a separate written proposal and agreement that supersedes any conflicting terms here.

Flat-rate proposals and payment

All project engagements are based on flat-rate, fixed-price proposals. Payment milestones are defined in the proposal. The accepted proposal is the agreed scope of the engagement. Scope changes require a written change order issued by LevelThree Co. and accepted by the client before additional work begins.

Milestones and revisions

Each engagement is delivered in milestones. Timelines measure build time only: the days we spend building what each milestone describes. Time spent on revisions is not included in a timeline and is not billed, but when revisions are requested the client should allow additional calendar time, unless a fixed delivery date has been agreed in writing. Every milestone includes three revisions. A revision is one consolidated round of changes submitted together, not a single change, and it covers the goals and deliverables of that milestone only. A new feature, integration or substantial function is new work, priced as a change order. A fourth or further revision round on a milestone is charged at $250 USD per round. While a milestone is in progress and the project is moving forward, revision fees on every previously approved milestone are waived under the same rules. Approving a milestone confirms that its work was delivered as described in the proposal.

Orders placed through Fiverr

When an engagement is ordered through Fiverr, Fiverr processes the order and every payment for it. Billing, payment processing and any adjustments to a Fiverr order are handled exclusively by Fiverr under Fiverr's Terms of Service, and LevelThree Co. does not process payments or handle billing for Fiverr orders. So that every order stays protected by Fiverr, we do not accept payment outside Fiverr for work ordered through Fiverr. These Terms apply to Fiverr orders alongside Fiverr's Terms of Service.

Intellectual property and ownership

LevelThree Co. owns all code, designs, documentation and other work it creates, and retains every right in that work, until all amounts due for the engagement have been paid in full. Payment is complete only when it is final: a payment that is reversed, disputed or charged back has not been made. Until then, work shared for review is provided under a limited licence to review and test it, and may not be deployed to production, distributed, sold or used commercially. Once payment is complete, the client receives full ownership of the custom code, designs and deliverables created specifically for that engagement, transferred at handover. Our pre-existing tools, libraries and methods, and know-how that is not specific to the client, remain ours, and the client receives a perpetual licence to use any of them included in its deliverables. LevelThree Co. retains the right to reference the project in its portfolio unless the client requests otherwise in writing.

Outstanding balances

A balance is outstanding when any amount due for delivered work remains unpaid, including where an earlier payment is later reversed, disputed or charged back. The client has 30 days from the date a balance arises to settle it in full. Until it is settled, ownership of the work does not transfer and any use, deployment or distribution of it is unlicensed. If a balance remains unsettled after 30 days, any licence to the work ends and the client must stop using it, and LevelThree Co. may suspend access to environments it hosts, withhold the handover, and enforce its rights in the work, including through notices to hosting and distribution providers and through collection. An outstanding balance never affects our duty of confidentiality to the client.

Warranties and liability

LevelThree Co. provides its services with reasonable skill and care. We make no warranties beyond those expressly stated in a project agreement. Our liability is limited to the value of the applicable engagement. We are not liable for indirect, consequential, or incidental damages.

Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. Where these Terms are provided in another language, the English version governs.

Changes to these Terms

We may update these Terms at any time without prior notice. Changes take effect when they are posted on this page, so please check it periodically. Continued use of our website or services after changes are posted constitutes acceptance of the revised Terms. An engagement already under way continues under the Terms and proposal in place when it was accepted, unless both parties agree otherwise in writing.

Scope of Work Generator

Our website offers a free Scope of Work generator. By using it, you assume full responsibility for reviewing the generated scope of work for accuracy and completeness. The scope of work is provided free of charge, as a reference only, and on an as-is basis, with no warranties of any kind, whether express or implied. We are not liable for any additional or changed scope, which is subject to a separate paid engagement. You may not use the Scope of Work generator on behalf of, or in collaboration with, other firms.

Contact

Questions about these Terms? Reach us through our contact page.