FUSION DEV STUDIO TERMS OF SERVICE
1. INTRODUCTION
These Terms of Service ("Terms") govern the usage of the website https://fusiondevstudio.com/ and provision of services by GOLDEN CIRCUIT LTD, a company registered in England and Wales (Company Number: 16830076), with its registered office at 128 City Road, London, United Kingdom, EC1V 2NX ("Fusion Dev Studio", "we", "us", or "our"), to business clients ("Client", "you", or "your"). By engaging our services or using our website, you agree to be bound by these Terms.
Note: Fusion Dev Studio operates exclusively on a business-to-business (B2B) basis. These Terms do not apply to consumers.
2. SERVICES
Fusion Dev Studio provides the following services to Clients:
- Website and application development
- E-commerce platform development
- User interface and user experience design (UX/UI)
- Compliance and security consulting
- Maintenance and optimization services
- Consulting and integration services
The specific scope, deliverables, and timelines for services will be detailed in individual contracts or statements of work agreed between Fusion Dev Studio and the Client.
3. ENGAGEMENT AND CONTRACTS
All services are provided subject to a separate written contract or statement of work between Fusion Dev Studio and the Client. These Terms are incorporated by reference into all such contracts unless expressly excluded or modified in writing.
4. PAYMENT TERMS
All fees for services will be invoiced as specified in the relevant contract or statement of work. Payment is due within the period stated on the invoice, unless otherwise agreed in writing. All amounts are exclusive of VAT and other applicable taxes, which will be added as required by applicable law.
Fusion Dev Studio will notify the Client if a transaction is declined. Common reasons for declined transactions may include, but are not limited to: insufficient funds, use of unsupported payment methods, failure to meet anti-money laundering (AML) or know your customer (KYC) requirements, or involvement in restricted or prohibited activities as outlined in these Terms.
If a transaction is declined, the Client will receive information regarding the reason for the rejection and, where possible, guidance on how to resolve the issue. Clients are encouraged to review the provided information and take any necessary corrective action. For further assistance or clarification, Clients may contact our support team at support@fusiondevstudio.com.
Fusion Dev Studio acts solely as a facilitator of transactions between the Client and relevant payment service providers or financial institutions. While Fusion Dev Studio will use reasonable efforts to process transactions in a timely manner, it does not guarantee or warrant the processing times of banks, card schemes, or other third-party payment providers. Fusion Dev Studio shall not be liable for any delays, failures, or errors in the completion of transactions that are attributable to third-party payment systems, banking networks, or payment processors.
Unless otherwise expressly stated in the relevant contract or statement of work, all fees paid or payable by the Client are non-refundable. Without prejudice to the foregoing, the following shall apply:
- Fusion Dev Studio may, at its sole discretion, agree to issue a partial refund where: (i) the Client has paid in advance for services that have not yet been commenced; or (ii) a project is terminated early in accordance with the terms of the applicable contract or statement of work and the fees already paid exceed the value of the services properly performed up to the effective date of termination. Any such refund shall be limited to the portion of fees attributable to services not performed, after deducting: (a) all work actually carried out; (b) any non-recoverable third-party costs or commitments incurred on the Client’s behalf; and (c) any agreed-onboarding, discovery, or setup fees.
- No refund shall be due where: (i) services or deliverables have been substantially performed in accordance with the applicable contract or statement of work; (ii) the Client’s dissatisfaction arises from a change in its internal requirements, strategy, or preferences; (iii) delays or failures are caused by the Client’s acts or omissions, including failure to provide timely instructions, information, approvals, or access; or (iv) the Client is in breach of these Terms or the applicable contract or statement of work, including any failure to pay undisputed amounts when due.
Any request for a refund must be submitted in writing to support@fusiondevstudio.com within 30 days of the event giving rise to the request, together with reasonable details of the basis for the request. Fusion Dev Studio will review the request in good faith and notify the Client of its decision. Any approved refund will be processed using the same payment method used for the original transaction, unless otherwise agreed in writing, and within a reasonable period of time, subject to the processing times of banks and payment service providers.
The Client acknowledges that it is a business customer and that consumer cancellation and refund rights do not apply to these Terms or to any services provided by Fusion Dev Studio.
5. CLIENT OBLIGATIONS
The Client shall provide all necessary information, access, and cooperation required for Fusion Dev Studio to perform the services. The Client warrants that all information and documentation provided is accurate, complete, and up to date, and shall promptly notify Fusion Dev Studio of any changes.
The Client warrants that it has the authority to enter into contracts and provide instructions on behalf of its business.
The Client agrees to use Fusion Dev Studio’s website and services only for lawful business purposes and in accordance with these Terms. The Client shall not:
- Use the website or services in any manner that could damage, disable, overburden, or impair any Fusion Dev Studio server or the networks connected to any Fusion Dev Studio server;
- Attempt to gain unauthorised access to any part of the website, other accounts, computer systems, or networks connected to any Fusion Dev Studio server, through hacking, password mining, or any other means;
- Use any automated means, including robots, spiders, or data mining tools, to access, monitor, or copy any part of the website or its content without prior written consent from Fusion Dev Studio;
- Upload, post, or transmit any material that contains viruses, malware, or other harmful code;
- Use the website or services to transmit or facilitate the transmission of unsolicited or unauthorised advertising, promotional materials, spam, or any other form of solicitation;
- Infringe upon or violate the rights of Fusion Dev Studio or any third party, including intellectual property, privacy, or contractual rights;
- Engage in any activity that is illegal, fraudulent, or otherwise prohibited under applicable law or these Terms.
The Client is responsible for maintaining the confidentiality and security of any account credentials, passwords, or other access controls used in connection with Fusion Dev Studio’s website or services. The Client must promptly notify Fusion Dev Studio of any unauthorised use of its account or any other breach of security. Failure to comply with these obligations or website usage rules may result in suspension or termination of access to the website and services, and may expose the Client to civil or criminal liability.
The Client shall not use, export, or re-export any deliverables or services provided by Fusion Dev Studio in violation of any applicable export control laws or regulations of the United Kingdom or any other relevant jurisdiction. The Client is solely responsible for compliance with all applicable export laws and regulations in connection with its receipt and use of the services and deliverables.
6. COMPLIANCE AND RESTRICTED ACTIVITIES
The Client acknowledges and agrees that, as part of Fusion Dev Studio’s compliance with applicable laws and regulations, including but not limited to anti-money laundering (AML) and know your customer (KYC) requirements, Fusion Dev Studio may require the Client to provide certain information and documentation to verify the Client’s identity, business structure, and the nature of its business activities. The Client agrees to promptly provide all requested information and to ensure that such information is accurate and up to date. Failure to provide required information may result in suspension or termination of services.
Fusion Dev Studio complies with all applicable card scheme rules and regulations, including those of Visa, Mastercard, and other relevant payment networks. The Client agrees to adhere to any requirements or restrictions imposed by such card schemes in connection with the services provided.
The Client shall not use Fusion Dev Studio’s services for any activities that are illegal, fraudulent, or otherwise prohibited under applicable law or card scheme rules. Prohibited activities include, but are not limited to, money laundering, terrorist financing, the sale of illegal goods or services, or any activity that may expose Fusion Dev Studio to reputational or regulatory risk. Fusion Dev Studio reserves the right to refuse, suspend, or terminate services or access to its website if it determines, in its sole discretion, that the Client is engaged in any restricted or prohibited activities.
Certain services provided by Fusion Dev Studio or related transactions may not be available in all countries or jurisdictions. Availability is subject to applicable laws, regulations, and operational limitations. Fusion Dev Studio reserves the right to restrict or refuse to provide services or transactions to countries or regions where such services or transactions are prohibited or not supported. Clients are responsible for ensuring that their use of Fusion Dev Studio’s services complies with all applicable local laws and regulations. For a current list of restricted jurisdictions or to confirm transaction availability, please contact support@fusiondevstudio.com.
Fusion Dev Studio does not provide services or facilitate transactions to or from countries or territories that are subject to international sanctions, embargoes, or other trade restrictions imposed by the United Kingdom, the European Union, the United States, or other relevant authorities. Clients are responsible for ensuring that neither they nor their business activities involve any sanctioned countries or individuals. Fusion Dev Studio reserves the right to refuse, suspend, or terminate services if it determines, in its sole discretion, that a Client is located in, operating from, or otherwise connected to a sanctioned country or individual.
7. INTELLECTUAL PROPERTY
Unless otherwise agreed in writing, all intellectual property rights in deliverables created by Fusion Dev Studio shall remain the property of Fusion Dev Studio until full payment is received. Upon full payment, and subject to any specific terms in the contract, the Client will receive a non-exclusive, non-transferable licence to use the deliverables for its internal business purposes.
Pre-existing intellectual property and third-party materials remain the property of their respective owners. Where deliverables incorporate open-source or third-party components, such components are licensed to the Client under the terms of the applicable open-source or third-party licence, and Fusion Dev Studio makes no warranties or representations regarding such components beyond those set out in the relevant licence.
The Client shall not remove, alter, or obscure any proprietary notices or legends included in the deliverables. The Client shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any deliverable except to the extent permitted by law or as expressly authorised in writing by Fusion Dev Studio.
If the Client becomes aware of any actual or suspected infringement of Fusion Dev Studio’s intellectual property rights, the Client shall promptly notify Fusion Dev Studio and cooperate fully in any enforcement or defence of such rights.
Fusion Dev Studio displays the Visa and Mastercard logos solely in accordance with the official branding and usage requirements set by Visa and Mastercard. The use of these logos is intended to indicate acceptance of these card brands for payment processing purposes only. Display of the Visa and Mastercard logos does not imply sponsorship, partnership, or endorsement by Visa, Mastercard, or any of their affiliates, unless Fusion Dev Studio has received explicit written authorization to that effect. Clients and users should not interpret the presence of these logos as an indication of any special relationship beyond standard acceptance and compliance with card scheme rules.
If the Client becomes aware of any claim or allegation that the Fusion Dev Studio website (https://fusiondevstudio.com/) or any of its content infringes the intellectual property rights of a third party, the Client shall promptly notify Fusion Dev Studio in writing. Fusion Dev Studio shall have the right, at its own expense, to assume sole control of the defence and settlement of any such claim. The Client agrees to provide all reasonable assistance and cooperation as requested by Fusion Dev Studio. The Client shall not settle any IP claim relating to the website or its services without the prior written consent of Fusion Dev Studio.
8. CONFIDENTIALITY, PRIVACY AND DATA SECURITY
Both parties agree to keep confidential all information disclosed by the other party that is marked as confidential or would reasonably be considered confidential, except as required by law or with the other party’s prior written consent.
Fusion Dev Studio is committed to protecting the privacy and security of Client data. Our Privacy Notice is prominently displayed on our website and is incorporated by reference into these Terms. The Privacy Notice explains in detail how we collect, store, and use information provided by Clients, including business contact details, project information, and payment details.
We collect Client data only as necessary for the provision of our services, for compliance with legal obligations, and for legitimate business purposes. Payment details and other sensitive information are handled in accordance with industry best practices and applicable data protection standards, including the Payment Card Industry Data Security Standard (PCI DSS) where relevant.
Fusion Dev Studio complies with the UK General Data Protection Regulation (GDPR) and all applicable data protection laws of England and Wales. We implement appropriate technical and organisational measures to safeguard Client data against unauthorised access, loss, or misuse.
Clients have the right to access, correct, or request deletion of their personal data as set out in our Privacy Notice. For further information about our data handling practices or to exercise your data protection rights, please refer to our Privacy Notice or contact us at support@fusiondevstudio.com.
9. WARRANTIES AND DISCLAIMERS
Fusion Dev Studio warrants that services will be provided with reasonable skill and care.
Except as expressly set out in these Terms or the relevant contract, all warranties, conditions, and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Fusion Dev Studio does not warrant that any services results or deliverables will be error-free or that operation will be uninterrupted.
The content and materials available on the Fusion Dev Studio website are provided for general informational purposes only and do not constitute professional advice, recommendations, or an offer to contract. While Fusion Dev Studio endeavours to ensure that all information on the website is accurate and up to date, no warranty, express or implied, is given as to the accuracy, completeness, or suitability of the information for any particular purpose. Fusion Dev Studio does not accept any liability for any loss or damage arising from reliance on information published on the website. Clients and users are responsible for obtaining appropriate professional advice before taking or refraining from any action based on the content of the website. Fusion Dev Studio reserves the right to modify, update, or remove website content at any time without notice.
10. LIMITATION OF LIABILITY
Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.
Subject to the above, Fusion Dev Studio’s total liability to the Client for all claims arising under or in connection with the services or these Terms shall not exceed the total fees paid by the Client for the relevant services during the 6-month period immediately preceding the claim.
Fusion Dev Studio shall not be liable for any indirect, consequential, special, or punitive damages, or for any loss of profit, revenue, business, or data.
11. AMENDMENTS TO THESE TERMS
Fusion Dev Studio reserves the right to amend or update these Terms from time to time to reflect changes in legal, regulatory, or business requirements. Any amendments will become effective upon posting the updated Terms on the Fusion Dev Studio website or upon written notice to the Client, as applicable. It is the Client’s responsibility to review the Terms regularly. Continued use of Fusion Dev Studio’s services after any amendments constitutes acceptance of the updated Terms. If the Client does not agree to the amended Terms, the Client must notify Fusion Dev Studio in writing and may discontinue use of the services.
12. FORCE MAJEURE
Fusion Dev Studio shall not be liable for any delay or failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil disorder, or industrial disputes.
13. GOVERNING LAW AND JURISDICTION
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
14. MISCELLANEOUS
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of these Terms shall be deemed a waiver of any subsequent breach.
Fusion Dev Studio may engage subcontractors or third-party service providers to perform any part of the services, provided that Fusion Dev Studio remains responsible for the performance of its obligations under these Terms. The Client may not assign or transfer any of its rights or obligations under these Terms without the prior written consent of Fusion Dev Studio.
All notices or other communications required or permitted under these Terms shall be in writing and delivered to the contact details specified in the contract, on the Fusion Dev Studio website, or as otherwise notified in writing. Notices sent by email shall be deemed received on the next business day after transmission. Notices sent by post or courier shall be deemed received two business days after dispatch.
Nothing in these Terms shall be construed as creating a partnership, joint venture, or agency relationship between the parties. Neither party has authority to bind the other in any way or to make any representation or commitment on behalf of the other.
Any provisions of these Terms which by their nature are intended to survive termination or expiry shall remain in full force and effect, including but not limited to confidentiality, intellectual property, limitation of liability, governing law and jurisdiction, and any accrued rights or obligations.
No person other than the parties to these Terms shall have any rights to enforce any term of these Terms under the Contracts (Rights of Third Parties) Act 1999.
These Terms, together with any contract or statement of work, constitute the entire agreement between the parties and supersede all prior agreements or understandings.
Contact Information
GOLDEN CIRCUIT LTD
128 City Road, London, United Kingdom, EC1V 2NX
Company Number: 16830076
Email: support@fusiondevstudio.com
Website: https://fusiondevstudio.com