BN Digital commits to performing services satisfactorily and professionally, ensuring that assigned staff possess the appropriate expertise and that work is completed with the timeliness specified in the applicable contract. Where quality standards are not explicitly defined in the agreement, BN Digital reserves reasonable discretion in determining what constitutes satisfactory delivery, applying its own professional methodologies and best practices.
Initial project estimates are not commitments, guarantees, or hard deadlines. Due to the inherent complexity of digital product development, actual effort may differ from estimates. Work is structured on an hourly basis rather than fixed deadlines or budgets, unless explicitly agreed otherwise in writing. Any estimate provided is for planning purposes only and does not constitute a cap on billable time unless a budget ceiling is separately agreed in writing.
BN Digital provides no guarantee that design service outcomes will meet individual subjective preferences. The company commits to delivering work of the highest quality within the constraints of the engagement, while maintaining professional autonomy in applying its own design methodologies. A design outcome that does not align with a client's personal aesthetic preference, where it otherwise meets the documented requirements, does not constitute a defect.
BN Digital provides no guarantee that software development service outcomes are free of all defects, bugs, or deviations. Software development is inherently complex and iterative; some degree of defect discovery post-delivery is normal and expected. BN Digital disclaims responsibility for:
Where delays to project timelines are caused by client unresponsiveness, failure to provide required materials, access, or approvals, or changes to scope or direction initiated by the client, such delays shall not be considered a failure of BN Digital's obligations. Billable time may accrue during idle periods attributable to the client, as agreed in the applicable contract.
Three environment types are managed:
BN Digital guarantees a minimum of 16 working hours of availability per sprint cycle for BN-controlled staging environments. This applies during the active engagement period only.
Following project completion or termination, the following retention periods apply to BN Digital-held assets:
Clients are responsible for arranging handover, export, and backup of all deliverables within these periods. BN Digital is not liable for loss of data or deliverables that were not retrieved before the applicable retention period expired.
BN Digital commits to:
BN Digital treats all non-public information provided by the client as confidential and uses it solely to deliver the agreed services. This obligation survives project completion. Where a separate non-disclosure agreement exists between the parties, its terms take precedence over this section. In the absence of a separate NDA, this section constitutes BN Digital's baseline confidentiality commitment.
To the maximum extent permitted by applicable law, BN Digital's aggregate liability across all claims arising from a given project shall not exceed the total fees paid by the client for that project. In no event shall BN Digital be liable for indirect, incidental, consequential, punitive, or special damages of any nature — including but not limited to loss of profits, data, goodwill, or business opportunity — even if BN Digital has been advised of the possibility of such damages.
This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.
The client shall indemnify, defend, and hold harmless BN Digital and its personnel from and against any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising from:
