Terms & Conditions

1. Agreement to These Terms

These Terms & Conditions (“Terms”) govern your use of fivestartraders.com and any services provided by Five Star Traders (“we”, “us”, “our”), a digital services company based in Brooklyn, New York. By using our website or engaging us for work, you agree to these Terms.

Where you have signed a proposal, statement of work or master services agreement with us, that document governs the specifics of your project. If anything in it conflicts with these Terms, that document takes precedence for that engagement.

2. Definitions

• Client — the business or individual engaging us for services.
• Proposal or SOW — the written document setting out scope, deliverables, timeline and fees for a specific engagement.
• Deliverables — the websites, applications, software, designs, content and reports produced under a Proposal.
• Services — SEO, mobile app development, software development, website development and any related work we agree to perform.

3. Services and Proposals

We provide Services as described in the Proposal accepted by you. No work begins until you have accepted the Proposal in writing and, where applicable, paid the deposit.

Quotes are valid for 30 days from the date of issue. Any figures shown on our Pricing page are indicative starting points, not binding offers; the fee for your engagement is the one stated in your Proposal.

4. Client Responsibilities

To deliver on time we need your cooperation. You agree to:

• Provide content, assets, access credentials, approvals and feedback within the timeframes set out in the Proposal.
• Nominate a single point of contact authorised to approve work and sign off milestones.
• Ensure you own, or have permission to use, all materials you supply to us.
• Comply with all laws applicable to your business and the Deliverables.

Delays caused by outstanding client input may shift the project timeline and, where they cause us to re-plan resources, may attract additional cost. We will always tell you before that happens.

5. Fees, Invoicing and Payment

• Project work requires a 40% deposit before the schedule is confirmed; the balance is invoiced across agreed milestones.
• Monthly retainers are invoiced in advance at the start of each month.
• Invoices are payable within 15 days of the invoice date unless the Proposal states otherwise.
• Late payments may attract interest at 1.5% per month, or the maximum permitted by law if lower.
• We may pause work on an engagement where an invoice is more than 14 days overdue, after giving written notice.
• All fees are in US dollars and exclusive of applicable taxes, third-party licence fees and ad spend.

6. Timelines and Delays

Timelines in a Proposal are good-faith estimates based on the agreed scope and prompt client input. We are not liable for delays caused by late client feedback, third-party outages, changes in scope, or events outside our reasonable control.

7. Change Requests and Scope

Anything not described in the Proposal is out of scope. If you ask for additional work, we will issue a written change request setting out the cost and the effect on the timeline. Work on a change request begins only once you approve it in writing.

8. Intellectual Property

Deliverables

On receipt of full payment, we assign to you all right, title and interest in the final Deliverables produced specifically for you, including source code, designs and content we created.

Our pre-existing materials

We retain ownership of our tools, frameworks, libraries, methodologies and any pre-existing materials used to produce the Deliverables. You receive a perpetual, non-exclusive, royalty-free licence to use them as embedded in the Deliverables.

Third-party components

Deliverables may include third-party software, plugins, fonts, stock media or services licensed under their own terms. Those licences pass to you as-is, and ongoing licence or subscription fees are your responsibility.

Portfolio rights

Unless you tell us otherwise in writing, we may show the Deliverables and describe the work in our portfolio, case studies and marketing materials. We will never disclose confidential business information in doing so.

9. Confidentiality

Each party agrees to keep the other’s confidential information secret, to use it only to perform or receive the Services, and to protect it with at least the same care it applies to its own confidential information. This obligation continues for three years after the engagement ends and does not apply to information that is public, already known, independently developed, or required to be disclosed by law.

10. Warranties and Disclaimers

We warrant that the Services will be performed with reasonable skill and care by suitably qualified people, and that the Deliverables will materially conform to the Proposal for 30 days after delivery. During that period we will fix defects you report at no charge.

Beyond that warranty, the website and the Services are provided “as is”. We do not warrant that the website will be uninterrupted or error-free, and we make no guarantee of specific commercial outcomes — including search engine rankings, traffic volumes, conversion rates or revenue — because those depend on factors outside our control.

11. Limitation of Liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, goodwill or business opportunity, however caused.

Our total aggregate liability arising out of or in connection with an engagement is limited to the total fees paid by you to us under that engagement in the 12 months preceding the event giving rise to the claim.

Nothing in these Terms excludes liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot lawfully be excluded.

12. Indemnification

You agree to indemnify us against claims, damages and reasonable costs arising from materials you supply to us, from your use of the Deliverables in breach of these Terms or applicable law, or from your breach of a third-party right.

13. Term and Termination

• Either party may terminate an engagement on 30 days written notice.
• Either party may terminate immediately if the other commits a material breach and fails to remedy it within 14 days of written notice.
• On termination you must pay for all work performed and all costs committed up to the termination date.
• Ownership of Deliverables transfers only where the corresponding fees have been paid in full.
• Clauses on intellectual property, confidentiality, liability and governing law survive termination.

Refunds on termination are handled under our Refund Policy.

14. Acceptable Use of Our Website

You agree not to use our website to break the law, infringe anyone’s rights, transmit malicious code, scrape or harvest data by automated means, attempt to gain unauthorised access to our systems, or interfere with the site’s operation. We may suspend access where we reasonably believe this clause has been breached.

15. Third-Party Services

Delivering the Services often involves third-party platforms — hosting providers, app stores, payment gateways, analytics and advertising networks. We are not responsible for their availability, pricing changes, policy decisions or acts. Where a third party’s approval is required (for example App Store review), we cannot guarantee the outcome or the timing.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules. The state and federal courts located in Kings County, New York have exclusive jurisdiction, and both parties submit to that jurisdiction.

Before starting proceedings, both parties agree to attempt in good faith to resolve any dispute through direct discussion for at least 30 days.

17. Changes to These Terms

We may update these Terms from time to time. The version in force for your engagement is the one published on the date your Proposal was accepted. Changes affecting the website take effect when posted, with the “Last updated” date revised accordingly.

18. Contact Us

If you have questions about this policy, or want to exercise any of the rights described in it, contact us:

• Five Star Traders, Brooklyn, New York
• Email: info@fivestartraders.com
• Phone: (888) 332-7092
• Business hours: Monday through Friday, 9:00 AM – 5:00 PM EST