Terms of Service
Effective Date: October 1, 2024
Welcome to EmpireXL.us. The following Terms of Service (“Terms”, “Agreement”) govern your access to and use of the services provided by EmpireXL.us (“we”, “us”, or “our”), including any content, functionality, and services offered through our website www.empirexl.us (the “Website”). By accessing or using our Website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue using the Website and our services.
Please read these Terms carefully, as they affect your legal rights and obligations.
1. Definitions
– “Company”, “we”, “us”, or “our” refers to EmpireXL.us, including its subsidiaries, affiliates, officers, agents, and employees.
– “Client”, “you”, or “user” refers to any individual or entity who accesses or uses our services or Website.
– “Services” refer to any products, digital marketing, web development, SEO, graphic design, app development, hosting, or other digital services provided by EmpireXL.us.
– “Agreement” refers to this Terms of Service document, along with any other contracts or agreements between you and the Company.
2. Acceptance of Terms
By accessing or using any part of the Website or our Services, you agree to be bound by these Terms. This Agreement applies to all users of the Website and our Services, including, without limitation, users who are customers, vendors, partners, and contributors of content. By using our Services, you acknowledge that you have the authority to enter into this legally binding Agreement on behalf of yourself or your company.
3. Changes to Terms of Service
EmpireXL.us reserves the right to modify or update these Terms of Service at any time, at its sole discretion. Changes to these Terms will be posted on the Website, and it is your responsibility to review these Terms periodically. Your continued use of the Website or Services after the posting of changes constitutes your acceptance of those changes.
4. Services Provided
EmpireXL.us provides a wide range of digital services, including but not limited to:
– Website Development and Design: Custom website design, development, and revamping services.
– Search Engine Optimization (SEO): On-page and off-page SEO services to improve visibility on search engines.
– Social Media Management and Marketing: Content creation, social media posting, and paid advertising across platforms.
– Graphic Design: Custom graphic designs including logos, banners, posters, and digital marketing materials.
– Application Development: Android, iOS, and web-based application development.
– Hosting and Maintenance: Web hosting, SSL certificates, and site maintenance.
Detailed descriptions of these services, along with pricing, can be found on the Website or as part of a custom quote or agreement. All Services are provided subject to availability and the Client’s fulfillment of all payment obligations.
5. Client Obligations and Responsibilities
As a user of EmpireXL.us Services, you agree to:
– Provide accurate and up-to-date information necessary for the completion of the Services.
– Cooperate fully with us by granting access to necessary accounts, materials, and resources to enable the effective delivery of Services.
– Maintain the security and confidentiality of your login credentials and account information on the Website.
– Refrain from using our Services for any illegal or unauthorized purpose, including but not limited to the infringement of intellectual property rights, defamation, or violation of applicable laws.
5.1 Client Content
You are solely responsible for the content, materials, and information you provide to us for use in the execution of the Services. By providing such materials, you represent that you have the necessary rights and permissions to use the materials, and that they do not violate any third-party rights or applicable law.
6. Payments and Fees
6.1 Pricing
The pricing of our Services is listed on the Website or will be provided through a formal quote, custom agreement, or invoice. All pricing is subject to change at the Company’s discretion, but such changes will not affect previously agreed-upon quotes or ongoing projects unless agreed upon by both parties.
6.2 Payment Terms
Payment for Services is due in full, unless otherwise specified, prior to the commencement of any work. We accept payment via such as credit card, bank transfer, PayPal, etc. Payment must be made within the time frame specified in the invoice. Failure to pay on time may result in the suspension or termination of Services.
6.3 Late Payment
If payments are not received by the due date, EmpireXL.us reserves the right to impose a late fee of 10% per month on the outstanding balance. Continuous failure to make payments may lead to termination of Services and potential legal action.
7. Service Delivery and Timeline
7.1 Project Timeline
EmpireXL.us is committed to delivering Services within agreed-upon timelines. However, delivery times are estimates and may vary due to factors beyond our control, including delays caused by the Client’s failure to provide necessary information or approvals in a timely manner.
7.2 Revisions
We will provide up to 3 free revisions for Services that require creative design or content creation. Any additional revisions beyond this number may incur extra charges.
8. Refunds and Cancellations
8.1 Refund Policy
Refunds will be considered on a case-by-case basis. Generally, once a service has commenced or been delivered, it is non-refundable. Cancellations prior to the commencement of a service may be eligible for a partial refund based on the stage of project completion. However, EmpireXL.us reserves the right to retain a percentage of the fee for any work already performed.
8.2 Service Termination
We reserve the right to terminate or suspend Services in the event of non-payment, violation of these Terms, or any illegal or unethical conduct on the part of the Client. Upon termination, any outstanding balances will remain payable.
9. Intellectual Property Rights
9.1 Ownership of Deliverables
All deliverables produced by EmpireXL.us remain our property until full payment is received. Upon full payment, you will receive a license to use the deliverables for the purposes specified in your agreement. However, the underlying intellectual property, including but not limited to methodologies, techniques, and processes used to create the deliverables, remains the exclusive property of EmpireXL.us.
9.2 Client Materials
Any materials or content provided by you for use in the Services remain your intellectual property. You hereby grant EmpireXL.us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your materials for the purpose of providing the Services.
10. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of this Agreement. Confidential information includes, but is not limited to, business plans, customer information, financial data, and intellectual property.
Neither party shall disclose confidential information to any third party without the prior written consent of the other, except as required by law or legal proceedings.
11. Limitation of Liability
To the maximum extent permitted by law, EmpireXL.us shall not be held liable for any indirect, incidental, special, or consequential damages arising out of the use or inability to use our Services, even if we have been advised of the possibility of such damages.
Our total liability to you for any claim arising from this Agreement or the Services will not exceed the amount you paid to us in the 12 months preceding the claim.
12. Warranties and Disclaimers
We provide the Services on an “as is” and “as available” basis. To the fullest extent permissible under applicable law, EmpireXL.us disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that the Services will be error-free, uninterrupted, or secure, or that the results obtained from the use of our Services will meet your expectations.
13. Indemnification
You agree to indemnify, defend, and hold harmless EmpireXL.us, its affiliates, employees, contractors, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, violation of these Terms, or infringement of any intellectual property or other rights of a third party.
14. Governing Law and Jurisdiction
These Terms of Service and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of United States, without regard to its conflict of law principles. Any legal actions or proceedings shall be exclusively brought in the courts located in [Insert Location], and both parties consent to the jurisdiction of such courts.
15. Force Majeure
EmpireXL.us shall not be liable for any delay or failure to perform its obligations under this Agreement due to events beyond its reasonable control, including but not limited to natural disasters, war, terrorism, labor strikes, governmental action, or Internet failures.
16. Termination
Either party may terminate this Agreement at any time by providing written notice to the other party. Upon termination, any Services rendered and payments due up to the date of termination must be settled within 30 days.
17. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue to be in full force and effect.
18. Entire Agreement
These Terms of Service constitute the entire agreement between you and EmpireXL.us concerning the use of the Website and Services and supersede any prior or contemporaneous agreements, whether written or oral.
Contact Information:
If you have any questions or concerns about these Terms of Service, please contact us at:
Email: jarrod@empirexl.us
Phone: (248) 243-4486
Address: 6311 Haggerty Rd, West Bloomfield, MI 48322, USA.
This Terms of Service ensures clarity and protects both parties by outlining mutual expectations, rights, and responsibilities while using the Services provided by EmpireXL.us.
