Devinci

  1. Definitions
    1. Agency: Refers to “Devinci”, the business coordinating between developers and clients, and is a trading style of Whitewater Training Limited, Company No. 12513243. Registered office: Blake Tower Floor Lg 12, Barbican, London, England, EC2Y 8BR
    2. Developer: Refers to the contracted individual or entity providing development services through or on behalf of the Agency.
    3. Client: Refers to the end-user or customer receiving development services through the Agency.
    4. Work: Refers to any development tasks, projects, or services provided by the Developer for the Client via the Agency.
    5. CRM Software: The software provided by the Agency to facilitate all communications between Developers and Clients.
  2. Developer’s Obligations
    1. Independence: Developers operate as independent contractors and are responsible for managing their own tax affairs and business activities separate from the Agency.
    2. Warranty: All work must come with a two-month warranty period, during which the Developer guarantees to address any issues or defects in the work without additional charge and within 72 hours.
    3. Standards Compliance: All work must adhere to current industry standards and best practices as defined by the Agency.
    4. Timely Communication: Developers must respond to all client communications within the CRM Software within four hours during office hours (9:00 AM – 5:30 PM).
    5. Exclusivity of Communication: All communication between Developers and Clients must be conducted exclusively through the CRM Software provided by the Agency. Under no circumstances should Developers use telephone, email, or any other method to communicate with Clients.
    6. Adherence to Timelines: Developers are responsible for adhering to all dates, timelines, roadmaps, and schedules once confirmed. It is the Developer’s responsibility to ensure that all work is completed within the agreed-upon timeframes.
  3. Invoicing and Payment
    1. Project Pricing: Developers must provide a project price based on their hourly rate and estimated development time.
    2. Agency Pricing: The Agency reserves the right to charge clients a margin pursuant to typical business needs.
    3. Invoicing: Developers will invoice the Agency for the agreed-upon project price once the work is completed. The Agency, in turn, will invoice the Clients for the total amount, including any additional charges set by the Agency.
    4. Payment Terms: The Agency will process payments to Developers only after the Client has paid the Agency for the respective work. The Agency aims to acknowledge receipt of invoices and ensure payment to Developers within 30 days of receiving payment from the Client.
  4. Confidentiality and GDPR Compliance
    1. Confidentiality: Developers must maintain the confidentiality of all information relating to the Agency and its Clients. Developers shall not disclose any such information to third parties without the Agency’s prior written consent, except as required by law.
    2. GDPR Compliance: Developers must comply with the General Data Protection Regulation (GDPR) and any other applicable data protection legislation. This includes handling personal data in a lawful, fair, and transparent manner, and ensuring appropriate security measures are in place to protect such data.
  5. Non-Solicitation and Exclusivity
    1. Non-Solicitation: Developers are prohibited from soliciting or accepting any work directly from Clients, outside the Agency’s platform, whether the Client is known to the Developer before, during, or after any engagement with the Agency.
    2. Exclusivity: Developers agree not to engage with Clients directly outside of the Agency’s systems for any business purpose related to the services provided under this agreement.
  6. Termination
    1. Termination by the Agency: The Agency reserves the right to terminate the Developer’s engagement at any time, without notice, for any breach of these terms and conditions or for any reason deemed fit by the Agency.
    2. Termination by the Developer: Developers may terminate their engagement by providing 30 days’ written notice to the Agency, provided they have no outstanding work or obligations to fulfil.
  7. Miscellaneous
    1. Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales.
    2. Entire Agreement: These terms and conditions constitute the entire agreement between the Agency and the Developer and supersede all prior agreements or understandings, whether written or oral.
    3. Amendments: The Agency reserves the right to amend these terms and conditions at any time. Developers will be notified of any changes in writing.
  8. Direct Engagement with Clients
    1. Direct Engagement: If a Developer wishes to work directly with a Client, and the Client also desires to engage the Developer independently of the Agency, the following terms will apply:
    2. Placement Fee: The Developer must pay the Agency a placement fee. This fee is either a single payment of £3,000 or 20% of the Developer’s annual earnings from the Client, whichever is greater.
    3. Payment Terms: The placement fee must be paid in full within 30 days of the start date of the Developer’s direct engagement with the Clients
    4. Non-Compliance: Failure to comply with these terms may result in legal action and the Developer being barred from future engagements through the Agency.
  1. Acceptance of Terms
    1. By utilising any of the Agency’s services or signing up to the Agency’s website, Developers agree to these Terms and Conditions and confirm their understanding and acceptance of all the stipulations outlined herein.