1. Acceptance of Terms

These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you (individually or on behalf of an entity, "you" or "Client") and Aixoraweb, a web design and development agency ("Company," "we," "us," or "our"). By accessing and using our website (the "Site") and engaging with our web design, development, and website management services (the "Services"), you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions contained herein.

If you do not agree with any part of these Terms and Conditions, you must immediately cease using our Site and Services and not engage with us further.

2. Services Provided

Aixoraweb provides the following services (collectively, the "Services"):

  • Website design and development
  • Website maintenance and updates
  • Content management and optimization
  • Domain registration and management assistance
  • Website hosting consultation and coordination
  • Performance optimization and analytics
  • Security and backup management
  • Website training and support
  • Additional web-related services as agreed upon in writing

The specific scope of Services will be detailed in individual project agreements, proposals, or statements of work. Services are provided on a time-and-materials basis, project basis, or retainer basis, as agreed upon in writing.

3. Client Responsibilities

As a Client, you agree to:

  • Provide accurate, complete, and truthful information
  • Provide timely feedback, decisions, and content as requested
  • Ensure you have the authority to enter into this agreement
  • Obtain all necessary third-party rights and permissions for content you provide
  • Maintain the confidentiality of login credentials and account information
  • Be responsible for backing up critical data independently
  • Comply with all applicable laws and regulations
  • Pay all fees in accordance with the payment terms outlined in invoices
  • Notify us immediately of any unauthorized access or security breaches

4. Intellectual Property Rights

4.1 Company IP

All original code, designs, processes, methodologies, templates, and other work product created by Aixoraweb ("Company Materials") are and remain the exclusive property of Aixoraweb, unless otherwise agreed in writing. You are granted a limited, non-exclusive, non-transferable license to use the Company Materials as incorporated into your website solely for the purpose specified in your project agreement.

4.2 Client Content

You retain ownership of all content, materials, text, images, logos, and other information you provide to us ("Client Content"). By providing Client Content, you grant Aixoraweb a worldwide, royalty-free license to use, modify, and display Client Content solely for the purpose of providing the Services and as necessary to complete your website.

4.3 License Grant

Upon full payment of all fees, you receive ownership of the final website design and custom code created specifically for your project. However, you do not own third-party components, plugins, libraries, or frameworks integrated into your website. You may use such third-party elements in accordance with their respective licenses.

4.4 Portfolio Use

Unless you opt out in writing, Aixoraweb retains the right to display your completed website as a portfolio example and case study for marketing purposes, without revealing confidential business information.

4.5 Third-Party Content

You are solely responsible for ensuring that all Client Content does not infringe upon any third-party intellectual property rights. Aixoraweb is not liable for any claims of infringement related to Client Content.

5. Payment Terms and Pricing

5.1 Pricing

Pricing for Services will be provided in a written proposal, invoice, or statement of work. All prices are quoted in the currency specified in the invoice unless otherwise agreed. Prices are subject to change with 30 days' written notice for ongoing services.

5.2 Payment Method and Schedule

Payment is due as specified in your invoice. We accept payment via bank transfer, credit card, and other methods as available. For project-based work, deposits may be required before commencement of Services.

5.3 Late Payments

Invoices are due by the date specified. If payment is not received by the due date, we may suspend Services until payment is made. Late payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. Additionally, you may be responsible for reasonable collection costs.

5.4 Refund Policy

Deposits and prepayments are non-refundable except as required by law. If we cannot complete Services as specified, we will refund any prepaid amounts for incomplete Services. Services already rendered are not subject to refund.

5.5 Expenses

You are responsible for all reasonable out-of-pocket expenses incurred in providing Services, including domain registration fees, SSL certificates, hosting recommendations, and third-party service fees, unless otherwise specified in your project agreement.

6. Warranties and Disclaimers

6.1 Service Warranties

Aixoraweb warrants that Services will be performed in a professional and workmanlike manner in accordance with industry standards. We strive to meet all agreed-upon deadlines, but timelines may be adjusted based on Client Content delivery, feedback delays, or scope changes.

6.2 Limited Warranty Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, AIXORAWEB MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Site and Services are provided "as is."

6.3 Hosting and Third-Party Services

Aixoraweb does not warrant the performance, availability, uptime, or reliability of hosting providers, domain registrars, email services, or other third-party services. We are not responsible for third-party service outages or failures. You should review third-party service agreements and SLAs independently.

6.4 Website Performance

We cannot guarantee specific search engine rankings, traffic volumes, or conversion rates. Website performance depends on numerous factors beyond our control, including marketing efforts, user behavior, and external competition.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

  • IN NO EVENT SHALL AIXORAWEB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • AIXORAWEB'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM, OR IF NO PAYMENT HAS BEEN MADE, $100.
  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

8. Indemnification

You agree to indemnify, defend, and hold harmless Aixoraweb, its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising from or related to: (a) your use of the Services; (b) any Client Content you provide; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) claims by third parties regarding Client Content or your use of the website.

9. Confidentiality

9.1 Confidential Information

Each party agrees to maintain the confidentiality of any proprietary or confidential information shared by the other party, including business plans, pricing, methodologies, and technical information. Confidentiality obligations do not apply to information that is publicly available or independently developed.

9.2 Permitted Disclosure

We may disclose confidential information as required by law, court order, or government request. We will provide notice of such disclosure when permitted by law.

10. Support and Maintenance

10.1 Initial Development Support

Support during the initial development phase is included in your project agreement. This typically includes launch assistance and initial training.

10.2 Ongoing Support

Ongoing support and maintenance are available through separate retainer agreements or support packages. Response times and service levels will be defined in the support agreement.

10.3 Emergency Support

Emergency support for critical issues may be available for an additional fee depending on the nature and severity of the issue and your service level agreement.

11. Modifications to Services

Aixoraweb reserves the right to modify, suspend, or discontinue Services with 30 days' written notice. Significant modifications to your website may require additional fees. You are responsible for implementing recommended security updates and software patches to your website.

12. Acceptable Use Policy

You agree not to use the Services to:

  • Violate any applicable laws or regulations
  • Infringe upon any third-party intellectual property rights
  • Transmit malware, viruses, or malicious code
  • Engage in hacking, phishing, or unauthorized access attempts
  • Spam, harass, or threaten individuals
  • Defame or disparage any person or organization
  • Distribute sexually explicit, obscene, or illegal content
  • Operate gambling, pyramid schemes, or fraudulent operations
  • Create websites for the primary purpose of driving traffic to external sites
  • Resell or reproduce Services without authorization

13. Data Backup and Security

13.1 Data Backup

While we implement reasonable backup procedures, Aixoraweb does not guarantee data recovery in all circumstances. You are responsible for maintaining independent backups of critical data.

13.2 Security Responsibility

You are responsible for maintaining the security of your login credentials, passwords, and access information. You must notify us immediately of any suspected security breaches. We recommend using strong passwords and enabling two-factor authentication.

13.3 Virus and Malware

While we implement security measures, we cannot guarantee protection against all viruses, malware, or security threats. You are responsible for maintaining antivirus protection on your devices.

14. Termination

14.1 Termination for Cause

Aixoraweb may terminate Services immediately if you: (a) breach any material term of these Terms; (b) fail to pay fees within 30 days of the due date; (c) engage in illegal activities; or (d) violate the Acceptable Use Policy. Upon termination, payment obligations for rendered Services remain due.

14.2 Termination for Convenience

You may terminate ongoing retainer arrangements with 30 days' written notice. Project-based Services cannot be terminated once work has begun, except as mutually agreed.

14.3 Effect of Termination

Upon termination: (a) all outstanding invoices become immediately due; (b) we will transfer ownership of completed work upon receipt of full payment; (c) we may remove your website from our servers after 60 days; (d) your access to any Company-hosted materials will be revoked.

15. Scope Changes and Additional Work

Any work outside the scope of your original project agreement will be considered additional work and will be billed separately at our current hourly rate or project rate. We require a change order or written authorization before beginning additional work. Scope creep without authorization may result in project delays and additional costs.

16. Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of the jurisdiction in which Aixoraweb operates, without regard to its conflict of law principles. You consent to the exclusive jurisdiction and venue of the courts located in that jurisdiction for any legal action or proceeding relating to these Terms.

17. Dispute Resolution

17.1 Informal Resolution

Before pursuing formal legal action, both parties agree to attempt to resolve disputes through good faith negotiation and discussion.

17.2 Mediation

If negotiation fails, either party may request non-binding mediation before pursuing litigation. Each party will bear its own costs of mediation unless otherwise agreed.

17.3 Arbitration

Any disputes not resolved through negotiation or mediation shall be resolved by binding arbitration before a mutually agreed arbitrator or arbitration service, rather than in court. Each party will bear its own costs unless the arbitrator determines otherwise.

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with any project agreement, proposal, or statement of work, constitute the entire agreement between you and Aixoraweb regarding the Services and supersede all prior negotiations, representations, and agreements.

18.2 Amendments

No amendment to these Terms is valid unless made in writing and signed by an authorized representative of Aixoraweb.

18.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18.4 Waiver

Failure to enforce any right or provision shall not constitute a waiver of that right or provision.

18.5 No Third-Party Beneficiaries

These Terms are intended solely for the benefit of you and Aixoraweb and do not create any rights for any third parties.

18.6 Assignment

You may not assign these Terms without our written consent. Aixoraweb may assign these Terms to a successor or affiliate.