Effective Date: October 24, 2023
1. Acceptance of Terms
By using the Fixwebnode website or services, you agree to be bound by these terms of service (Terms of Service). If you do not agree to these Terms of Service, you may not use the Fixwebnode website or services.
2. Definitions
For the purposes of these Terms of Service, the following terms shall have the following meanings:
3. Scope of Services
Fixwebnode will provide the Services to the Client in accordance with the terms of the Client's proposal or service order form. Fixwebnode will use reasonable skill and care in performing the Services.
4. Client Responsibilities
The Client is responsible for providing Fixwebnode with all necessary information and materials to perform the Services. The Client is also responsible for reviewing and approving all work completed by Fixwebnode before it is published or launched.
5. Payment
The Client agrees to pay Fixwebnode for the Services in accordance with the terms of the Client's proposal or service order form. All payments are due in full within 7 days of the invoice date.
6. Intellectual Property
All intellectual property rights in the work created by Fixwebnode for the Client, including but not limited to website design, code, and content, shall belong to the Client. The Client grants Fixwebnode a non-exclusive, royalty-free license to use the work created by Fixwebnode for the Client for promotional purposes.
7. Warranties and Disclaimers
Fixwebnode warrants that the Services will be performed in a professional and workmanlike manner. However, Fixwebnode does not warrant that the Services will be free of errors or defects.
Fixwebnode is not responsible for any damages caused by the Client's use of the Services, including but not limited to lost profits, lost business opportunities, or damage to reputation.
8. Term and Termination
These Terms of Service shall commence on the Effective Date and shall continue in effect until terminated by either party. Either party may terminate these Terms of Service at any time by giving written notice to the other party.
9. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
10. Entire Agreement
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
11. Severability
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck from these Terms of Service and the remaining provisions shall remain in full force and effect.
12. Waiver
No waiver of any provision of these Terms of Service shall be effective unless in writing and signed by both parties.
13. Notices
All notices and other communications under these Terms of Service shall be in writing and shall be deemed to have been duly given when delivered in person, upon the first business day following deposit in the mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:
If to Fixwebnode:
Fixwebnode [Address] [Phone Number] [Email Protected]
If to Client:
[Client Name] [Client Address] [Client Phone Number] [Client Email Protected]
or to such other address as either party may designate in writing from time to time.
14. Headings
The headings in these Terms of Service are for convenience only and shall not affect their interpretation.