TermsofService
Last updated: January 2025
1. Agreement to Terms
By accessing or using the services provided by WebXExpert ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.
2. Services
WebXExpert provides the following services:
- Web design and development
- Custom software development
- CRM and business application development
- API integrations and automation
- Consulting and technical advisory
- Maintenance and support services
3. Project Agreements
All projects are governed by a separate Project Agreement that outlines:
- Scope of work and deliverables
- Timeline and milestones
- Pricing and payment terms
- Revision policy
- Ownership and intellectual property rights
In case of any conflict between these Terms and a Project Agreement, the Project Agreement shall prevail.
4. Payment Terms
- A deposit is required before work begins (typically 30-50% of project total)
- Milestone payments are due upon completion of agreed deliverables
- Final payment is due before launch or handover
- Late payments may incur interest charges
- We reserve the right to pause work on accounts with overdue balances
5. Intellectual Property
Client Materials
You retain ownership of all materials, content, and intellectual property you provide to us for use in your project.
Deliverables
Upon full payment, you receive ownership of custom work created specifically for your project. This excludes:
- Third-party libraries, frameworks, and tools (which remain under their respective licenses)
- Our pre-existing tools, components, and code libraries
- General methodologies and know-how
Portfolio Rights
We reserve the right to showcase completed work in our portfolio and marketing materials unless explicitly agreed otherwise.
6. Client Responsibilities
As a client, you agree to:
- Provide accurate and complete project requirements
- Supply necessary materials and content in a timely manner
- Respond to communications and review requests within agreed timeframes
- Ensure you have rights to all materials provided to us
- Make payments according to the agreed schedule
7. Revisions and Changes
- Each project phase includes a specified number of revision rounds
- Additional revisions may incur extra charges
- Scope changes after project commencement will be handled through a change order process
- Significant scope changes may affect timeline and pricing
8. Warranties and Disclaimers
We warrant that our services will be performed in a professional and workmanlike manner. However:
- We do not guarantee specific business outcomes or results
- We are not responsible for third-party services, hosting, or integrations
- Services are provided "as is" without warranties of merchantability or fitness for a particular purpose
9. Limitation of Liability
Our total liability for any claims arising from our services shall not exceed the total amount paid by you for the specific project in question. We are not liable for:
- Indirect, incidental, or consequential damages
- Lost profits or business opportunities
- Data loss or security breaches beyond our control
10. Termination
Either party may terminate a project with written notice:
- Client termination: Payment is due for all work completed to date
- Our termination: We will deliver all work completed and refund any prepaid amounts for undelivered work
- For cause: Either party may terminate immediately for material breach
11. Confidentiality
Both parties agree to keep confidential any proprietary information shared during the course of the project. This obligation survives termination of the agreement.
12. Dispute Resolution
Any disputes arising from these terms or our services shall be resolved through:
- Good faith negotiation between the parties
- Mediation by a mutually agreed mediator
- Binding arbitration in accordance with the rules of the American Arbitration Association
13. Governing Law
These terms shall be governed by the laws of the State of California, without regard to its conflict of law provisions.
14. Changes to Terms
We reserve the right to modify these terms at any time. Changes will be effective upon posting to our website. Continued use of our services constitutes acceptance of modified terms.
15. Contact Information
For questions about these Terms of Service, contact us at:
Email: legal@webxexpert.com
Address: San Francisco, CA