Terms of Service

1. Introduction

These Terms of Service (“Terms”) govern your use of the website https://plixsy.com (“Site”) and the services provided by Plixsy Digital Solutions (“we,” “us,” or “our”). Plixsy Digital Solutions is a trade name of Plixsy Digital Agency LLC, a New Mexico limited liability company. By accessing or using the Site and/or any services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Site or services.

2. Definitions

• Client: Any individual or entity that engages our services or purchases any digital product (e.g., web development, SEO, digital marketing).
• Services: All offerings provided by us, including but not limited to website design & development, SEO, digital marketing, graphic design, telemarketing, and B2B/B2C data services.
• Agreement: The executed contract or proposal between you (Client) and Plixsy Digital Agency LLC (d/b/a Plixsy Digital Solutions) describing the scope of Services, payment terms, and deliverables.

3. Scope of Services

We agree to provide Services as described in a signed proposal or Agreement. Each proposal outlines specific deliverables, timelines, and fees. Any additional work not described in the original proposal must be agreed upon in writing and may incur additional charges.

4. Client Obligations

As a Client, you agree to:

• Provide accurate, complete, and timely information and materials necessary for us to perform the Services.
• Grant us reasonable access to any systems, hosting accounts, or third-party tools required to complete the agreed-upon work.
• Review deliverables promptly and provide feedback or approval within the timeframes specified in the Agreement.
• Refrain from any activity that interferes with our ability to perform the Services, including but not limited to publishing false or defamatory remarks about us.

5. Payment Terms

Unless otherwise agreed in writing, all payments are processed by Plixsy Digital Agency LLC. Standard payment terms are as follows:

1. Deposit: A non-refundable deposit of 50% of the total project fee is due upon signing the Agreement. Work will not commence until we receive the deposit.
2. Final Payment: The remaining 50% is due upon completion of the project, prior to final delivery or deployment.
3. Late Payments: If any payment is not received by its due date, we reserve the right to suspend work until payment is made. Interest of 1.5% per month (or the maximum rate permitted by law, if lower) may be assessed on any overdue balance.
4. Refunds: Request for refunds must be submitted in writing. Since deliverables often include digital work-in-progress, refunds are granted at our sole discretion and may be prorated based on work completed at the time of request.

6. Intellectual Property Rights

6.1 Ownership of Deliverables: Upon receipt of final payment in full, we assign to you all rights, title, and interest in the deliverables we produced specifically for your project. You may then use those deliverables in your business without restriction.

6.2 Pre-Existing Materials & Third-Party Assets: Any templates, code snippets, stock images, fonts, or pre-existing materials that we incorporate into your project, which we did not create from scratch specifically for your project, remain our property or the property of the original licensor. We grant you a non-exclusive, perpetual license to use such materials only as part of the final deliverables, subject to the third-party license terms.

6.3 Portfolio & Marketing: We retain the right to display and publish your project (e.g., screenshots, case studies, portfolio listings) on our website, marketing materials, and social media, unless you explicitly request in writing that we do not do so.

7. Confidentiality

We understand that your business may involve sensitive information. Both parties agree to maintain the confidentiality of any proprietary or confidential information exchanged during the course of the engagement. Confidential information does not include information that is publicly available or already known to the receiving party prior to disclosure.

This confidentiality obligation continues for three (3) years after the termination of the Agreement. We will not voluntarily disclose your confidential information to any third party without your prior written consent.

8. Warranties & Disclaimers

8.1 Mutual Warranties: Each party represents and warrants that it has the full right and authority to enter into the Agreement and to perform its obligations.

8.2 Our Warranty on Services: We warrant that the Services will be performed in a professional and workmanlike manner, consistent with generally accepted industry standards. If any Services do not conform to this warranty, notify us in writing within 30 days of delivery. We will use commercially reasonable efforts to correct such non-conforming Services at no additional cost.

8.3 Disclaimers: Except as set forth above, the Site and all Services are provided “as is” and “as available,” without any other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful code.

9. Limitation of Liability

To the fullest extent permitted by law, in no event will Plixsy Digital Agency LLC be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages arising out of or related to these Terms or the Services, including but not limited to loss of profits, revenue, data, or business opportunities, even if we have been advised of the possibility of such damages.

Our aggregate liability to you for any claims arising from or related to these Terms or the Services will not exceed the total amount of fees you have paid us in the six (6) months preceding the event that gave rise to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Plixsy Digital Agency LLC, its officers, directors, employees, subcontractors, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your breach of these Terms;
• Your infringement of any intellectual property or other rights of a third party;
• Your negligent or wrongful use of the Site or Services; or
• Any content or materials you provide to us that are defamatory, obscene, or otherwise illegal.

11. Termination

Either party may terminate the Agreement for cause if the other party materially breaches any provision of these Terms and fails to cure such breach within fourteen (14) days after receiving written notice. We may also suspend Services immediately if payment is overdue by more than thirty (30) days.

Upon termination, you will pay for all Services rendered up to the termination date. Sections regarding Intellectual Property, Confidentiality, Warranties, Limitation of Liability, Indemnification, and Governing Law will survive termination.

12. Governing Law & Dispute Resolution

These Terms and any Agreement are governed by the laws of the State of New Mexico, without regard to its conflict of laws principles. Any dispute arising out of or related to these Terms or the Services must be resolved through binding arbitration in Bernalillo County, New Mexico, under the rules of the American Arbitration Association. Each party will bear its own arbitration costs and attorney’s fees, unless the arbitrator decides otherwise.

13. Changes to Terms

We may modify these Terms at any time. If we make material changes, we will post a notice on our Site at least thirty (30) days before the new Terms take effect and update the “Last updated” date. Your continued use of the Site or Services after the effective date of the revised Terms constitutes your acceptance of those changes.

14. Miscellaneous

• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms without restriction.
• Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Entire Agreement: These Terms, together with any executed Agreement or proposal, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous communications.

15. Contact Us

If you have questions about these Terms, please contact us: