These Terms govern your use of the MCLBPO website and any engagement for our software development, design, AI or maintenance services. By using our website or engaging us, you agree to these Terms.
1. Definitions
"MCLBPO", "we", "our" or "us" refers to MCLBPO, a software development studio incorporated in the United States. "Client", "you" or "your" refers to the individual or entity engaging our services. "Services" means custom software development, web and mobile application development, SaaS development, AI automation, UI/UX design, API integration, e-commerce, hosting, maintenance and payment-gateway integration delivered under a written Statement of Work ("SOW").
2. Engagement
Every engagement is governed by a written SOW signed by both parties. The SOW will define scope, deliverables, milestones, timeline, fees and acceptance criteria. In the event of conflict between these Terms and a signed SOW, the SOW controls for that engagement.
3. Fees and payment
- Fees are quoted in US Dollars unless otherwise specified.
- A deposit (typically 50%) is due upon signing the SOW; the remainder is billed on milestones.
- Invoices are payable within 14 days of issue.
- Accepted methods: Stripe (card, Apple Pay, Google Pay), PayPal, ACH/SEPA wire transfer, and other approved payment methods.
- Late payments may be subject to a 1.5% monthly service charge and may pause active work.
4. Client responsibilities
You agree to (a) provide timely access to required materials, accounts and decision-makers, (b) review and respond to deliverables within the review windows defined in the SOW, and (c) hold appropriate rights to any content, brand assets or third-party services you ask us to incorporate.
5. Intellectual property
Subject to full payment, all custom code, design files and documentation produced specifically for your engagement are assigned to you upon project completion. We retain ownership of our pre-existing tools, libraries and methodologies, and grant you a perpetual, royalty-free licence to use them as embedded in your deliverables.
6. Confidentiality
Each party agrees to keep confidential information of the other party in confidence and to use it solely for the purpose of the engagement. This obligation survives termination for three years.
7. Warranties
We warrant that the Services will be performed with reasonable care and skill in line with prevailing industry standards. For 30 days after release, we will fix defects in deliverables that do not conform to the SOW at no additional cost. Otherwise, the Services are provided "as is" to the extent permitted by law.
8. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, consequential, or punitive damages, or for lost profits or lost data. Our aggregate liability for any engagement will not exceed the total fees paid by the Client under that SOW in the preceding twelve months.
9. Suspension and termination
Either party may terminate an engagement for material breach with 14 days' written notice and an opportunity to cure. The Client may terminate for convenience upon written notice; in that case, fees accrued up to the date of termination are payable, including the current milestone.
10. Force majeure
Neither party will be liable for failure to perform caused by events beyond reasonable control, including but not limited to natural disasters, war, pandemics or material outages of third-party infrastructure.
11. Governing law
These Terms are governed by the laws of the State of California, United States. Any dispute will be resolved by binding arbitration in San Francisco, California, except that either party may seek injunctive relief in court to protect intellectual property.
12. Changes
We may revise these Terms from time to time. The current version is always posted on this page. Continued use of our website or services after changes constitutes acceptance.
13. Contact
For questions about these Terms, email legal@mclbpo.com.
Contact for legal matters
MCLBPO · 548 Market St, PMB 21834, San Francisco, CA 94104, United States
Email: legal@mclbpo.com · Support: support@mclbpo.com