1. Acceptance of Terms
By accessing or using Vibixel's website and services, including requesting or receiving custom website development services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.
These Terms constitute a legally binding agreement between you and Vibixel ("Vibixel," "we," "us," or "our").
2. Service Description
Vibixel provides custom website design and development services. Our Services include:
- Custom website design and development
- Interactive features and API integrations
- Payment solution integration
- SEO optimization and performance tuning
- AI chatbot development
3. Client Obligations
3.1 Project Information
You must provide accurate, current, and complete information about your project requirements and respond to requests for information in a timely manner.
3.2 Content and Materials
You are responsible for providing all content, images, text, and materials needed for your website project in a timely manner.
3.3 Acceptable Use
You agree not to:
- Use the Services for any illegal purpose
- Interfere with the Services' operation
- Attempt to gain unauthorized access
- Transmit harmful code or content
- Infringe on intellectual property rights
4. Service Availability and Modifications
We strive to maintain high service availability but do not guarantee uninterrupted access. We reserve the right to:
- Modify or discontinue features
- Update the Services
- Perform maintenance
5. Pricing and Payment
Service fees and payment terms are specified in your service agreement or project proposal. We reserve the right to modify pricing with notice for new projects.
5.1 Payment Terms
You agree to pay all applicable fees and taxes as specified in your service agreement. Payment terms, including deposit requirements and milestone payments, will be outlined in your project agreement. Fees are non-refundable unless otherwise specified in writing.
5.2 Ongoing Services
If you have engaged us for ongoing maintenance, hosting, or support services, those services will be billed according to the terms specified in your service agreement. You may cancel ongoing services with written notice as specified in your agreement.
6. Intellectual Property
6.1 Client Deliverables
Upon full payment for services, you will own the custom website, code, and content created specifically for your project. This includes custom designs, custom code, and project-specific content you provide or we create on your behalf.
6.2 Vibixel's Proprietary Materials
Vibixel retains ownership of our proprietary tools, frameworks, templates, methodologies, and any pre-existing code or assets not created specifically for your project. We grant you a license to use these materials as part of your delivered website.
6.3 Third-Party Materials
Your website may include third-party materials (such as fonts, libraries, or plugins) subject to their respective licenses. You are responsible for complying with those third-party license terms.
6.4 Client Content
You retain ownership of all content, images, text, and materials you provide to us. By providing such materials, you grant us a license to use them solely for the purpose of providing services to you.
7. Privacy and Data Protection
Our collection and use of personal information is governed by our Privacy Policy.
You retain ownership of your data. We process it according to our Privacy Policy and applicable data protection laws.
8. Warranty Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, or completely secure. While we strive to deliver high-quality work, we cannot guarantee specific results or outcomes from the use of our Services.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIBIXEL LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Force Majeure
We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, internet failures, or government actions.
11. Term and Termination
We may suspend or terminate your access to the Services:
- For violation of these Terms
- For non-payment
- At our discretion with notice
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Pickens County, South Carolina, and you hereby consent to the personal jurisdiction and venue of such courts.
13. Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue legal remedies in accordance with Section 12 (Governing Law and Jurisdiction).
14. Changes to Terms
We may modify these Terms at any time. Continued use of the Services after changes constitutes acceptance of the modified Terms. Material changes will be communicated to active clients via email or through our website.
15. Contact Information
For questions about these Terms, please contact us:
Email: info@vibixel.com
Website: https://vibixel.com