Service Agreement
These terms and conditions govern your use of XynSol's services and establish the legal framework for our business relationship.
1. Acceptance of Terms
By accessing and using XynSol's website (xynsol.com) and services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by the above, please do not use this service.
These terms apply to all visitors, users, and others who access or use our services, including but not limited to software development, web development, digital marketing, and IT consulting services.
2. Definitions
For the purposes of these Terms and Conditions:
- "Company" refers to XynSol
- "Services" refers to software development, web development, mobile app development, digital marketing, SEO, UI/UX design, and related IT consulting services
- "Client" or "You" refers to the individual or entity using our services
- "Agreement" refers to these Terms and Conditions
- "Deliverables" refers to the final products, code, designs, or other materials provided as part of our services
3. Services Description
XynSol provides the following services:
- Custom software development and programming
- Web application development and maintenance
- Mobile application development (iOS and Android)
- Digital marketing and SEO services
- UI/UX design and user experience optimization
- IT consulting and business automation
- Website hosting and maintenance services
Specific services, deliverables, timelines, and costs will be detailed in separate project agreements or statements of work.
4. Payment Terms
Payment Schedule
- Projects require a minimum 50% deposit before work begins
- Remaining balance due upon project completion
- Monthly retainer services billed in advance
- All invoices are due within 30 days of issue date
Late Payments
Late payments may incur a 1.5% monthly service charge. Services may be suspended for accounts over 60 days past due. Client remains responsible for all collection costs and reasonable attorney fees.
Refund Policy
Deposits are non-refundable once work has commenced. Refunds for completed work will be considered on a case-by-case basis and are subject to our sole discretion.
5. Intellectual Property Rights
Client Ownership
Upon full payment, clients retain ownership of custom-developed code, designs, and content specifically created for their project, excluding any pre-existing XynSol intellectual property or third-party components.
XynSol Rights
XynSol retains rights to our methodologies, processes, general knowledge, and any pre-existing intellectual property. We reserve the right to use general knowledge gained from projects for future work.
Third-Party Components
Projects may include third-party software, plugins, or frameworks subject to their respective licenses. Client is responsible for compliance with all third-party license terms.
6. Client Responsibilities
Clients agree to:
- Provide accurate and complete project requirements
- Supply necessary content, materials, and access credentials
- Respond to requests for information within reasonable timeframes
- Review and approve deliverables within agreed-upon timeframes
- Make timely payments according to agreed schedules
- Maintain backup copies of all provided materials
- Comply with all applicable laws and regulations
- Not use our services for illegal or harmful purposes
7. Project Timeline and Modifications
Timeline Estimates
Project timelines are estimates based on the agreed scope of work. Actual completion times may vary due to project complexity, client responsiveness, or unforeseen technical challenges.
Scope Changes
Any changes to the original project scope must be documented in writing and may result in additional costs and timeline adjustments. We will provide estimates for additional work before proceeding.
Client Delays
Delays caused by client non-responsiveness, late feedback, or failure to provide required materials may result in project timeline extensions and potential additional costs.
8. Warranties and Disclaimers
Limited Warranty
We warrant that our services will be performed with professional skill and care. We provide a 30-day warranty on deliverables to function as specified, provided no modifications have been made by third parties.
Disclaimer
EXCEPT AS EXPRESSLY SET FORTH ABOVE, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Third-Party Services
We are not responsible for the performance, availability, or security of third-party services, platforms, or hosting providers.
9. Limitation of Liability
IN NO EVENT SHALL XYNSOL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO XYNSOL FOR THE SPECIFIC PROJECT OR SERVICE GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
10. Confidentiality
Both parties agree to maintain confidentiality of proprietary information shared during the course of the business relationship. This includes but is not limited to:
- Business strategies and proprietary processes
- Customer data and business information
- Technical specifications and source code
- Financial information and pricing structures
This confidentiality obligation survives termination of our business relationship and continues for a period of three (3) years.
11. Termination
Termination by Client
Clients may terminate services with 30 days written notice. Client remains responsible for all work completed and costs incurred up to the termination date.
Termination by XynSol
We may terminate services immediately for non-payment, breach of terms, or if we determine that continuing the relationship is not in our best interest.
Effect of Termination
Upon termination, we will provide completed deliverables upon receipt of all outstanding payments. Access to ongoing services will be discontinued.
12. Force Majeure
Neither party shall be liable for any failure or delay in performance under this Agreement which is due to an event beyond the reasonable control of such party, including but not limited to fire, flood, earthquake, pandemic, governmental action, war, terrorism, or network/internet failures.
13. Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles.
Any disputes arising from these terms or our services shall be resolved through binding arbitration in Dallas County, Texas, in accordance with the rules of the American Arbitration Association.
14. Modifications to Terms
XynSol reserves the right to modify these Terms and Conditions at any time. We will notify clients of material changes via email or website announcement at least 30 days before the changes take effect.
Continued use of our services after the effective date of any changes constitutes acceptance of the revised terms.
15. Severability
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining terms will remain in full force and effect.
16. Entire Agreement
These Terms and Conditions, together with any signed project agreements or statements of work, constitute the entire agreement between XynSol and the Client and supersede all prior negotiations, representations, or agreements relating to the subject matter.
17. Contact Information
If you have any questions about these Terms and Conditions, please contact us:
Mailing Address:
XynSol
Grapevine, TX
United States