Effective Date: January 1, 2025
1. Acceptance of Terms
Welcome to AxiomWeb.net. By accessing or using our website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services. We reserve the right to modify these Terms at any time, and your continued use of our services constitutes acceptance of such modifications.
2. Description of Services
AxiomWeb.net provides professional web development services, including but not limited to:
- Custom website design and development
- HTML, CSS, JavaScript, PHP, and Java application development
- Full-stack web development solutions
- UI/UX design services
- Website maintenance and support
- Web hosting and domain services
- E-commerce solutions
- Database design and integration
- API development and third-party integrations
- Pro Bono services for eligible American startups and non-profit organizations
3. User Obligations
3.1 Account Responsibility: You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account.
3.2 Accurate Information: You agree to provide accurate, current, and complete information when using our services or communicating with us.
3.3 Lawful Use: You agree to use our services only for lawful purposes and in compliance with all applicable laws and regulations.
3.4 Prohibited Activities: You agree not to:
- Use our services to transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt our services or servers
- Use automated systems or software to extract data from our website without permission
- Infringe upon any intellectual property rights
- Impersonate any person or entity
- Upload or transmit viruses, malware, or other malicious code
4. Intellectual Property Rights
4.1 Our Intellectual Property: All content, features, and functionality on our website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the exclusive property of AxiomWeb.net or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
4.2 Client Intellectual Property: Upon full payment for services, clients retain ownership of content they provide and original custom work created specifically for them, subject to our right to use such work in our portfolio and marketing materials unless otherwise agreed in writing.
4.3 License to Use: We grant you a limited, non-exclusive, non-transferable license to access and use our website for its intended purpose.
4.4 Third-Party Licenses: Some components, libraries, or tools used in our projects may be subject to third-party licenses, which will be disclosed as appropriate.
5. Service Agreement and Payment Terms
5.1 Project Proposals: All projects begin with a detailed proposal outlining scope, deliverables, timeline, and cost. The proposal becomes binding upon written acceptance by both parties.
5.2 Payment Schedule: Unless otherwise specified in writing:
- A deposit of 50% is required before work commences
- The remaining 50% is due upon project completion and before final delivery
- For ongoing maintenance contracts, payment terms will be specified in the agreement
- Late payments may incur a fee of 1.5% per month or the maximum allowed by law
5.3 Payment Methods: We accept payment via bank transfer, credit card, PayPal, or other methods as agreed upon.
5.4 Refund Policy: Refunds are handled on a case-by-case basis. Generally, deposits are non-refundable once work has commenced. Unused portions of prepaid services may be refunded at our discretion.
5.5 Project Changes: Changes to project scope may result in additional fees and timeline adjustments, which will be communicated and agreed upon before implementation.
6. Pro Bono Services
6.1 Eligibility: Pro Bono services are available exclusively to qualifying American startups and non-profit organizations. Eligibility is determined solely at our discretion based on the application submitted.
6.2 Application Process: Interested parties must complete our Pro Bono application form and provide necessary documentation proving their status and need.
6.3 Service Limitations: Pro Bono services may be limited in scope and are subject to our availability. We reserve the right to decline any Pro Bono application or discontinue Pro Bono services at any time.
6.4 No Obligation: Approval for Pro Bono services does not create any ongoing obligation on our part to provide additional services.
7. Warranties and Disclaimers
7.1 Service Warranty: We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards.
7.2 Disclaimer of Warranties: EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES AND WEBSITE 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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
7.3 No Guarantee of Results: We do not guarantee specific results, including but not limited to search engine rankings, website traffic, sales, or conversions, unless specifically agreed in writing.
7.4 Third-Party Services: We are not responsible for any third-party services, tools, or platforms used in conjunction with our services, including but not limited to hosting providers, domain registrars, payment processors, or content delivery networks.
8. Limitation of Liability
8.1 Limitation Amount: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AXIOMWEB.NET, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR SERVICES.
8.2 Maximum Liability: Our total liability for any claims arising out of or related to these Terms or our services shall not exceed the amount paid by you to us for services during the twelve (12) months preceding the claim.
8.3 Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.
9. Indemnification
You agree to indemnify, defend, and hold harmless AxiomWeb.net and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any rights of another party
- Content you provide for use in your project
- Your website or application operation
10. Confidentiality
10.1 Confidential Information: Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship.
10.2 Exceptions: Confidential information does not include information that:
- Is or becomes publicly available through no breach of these Terms
- Was rightfully in the receiving party's possession before disclosure
- Is independently developed without use of confidential information
- Is required to be disclosed by law or court order
10.3 Duration: Confidentiality obligations shall survive termination of any agreement for a period of three (3) years.
11. Termination
11.1 Termination by You: You may terminate your use of our services at any time by providing written notice. You will be responsible for payment of all services rendered up to the termination date.
11.2 Termination by Us: We reserve the right to terminate or suspend your access to our services immediately, without prior notice, for any reason, including but not limited to:
- Breach of these Terms
- Non-payment
- Fraudulent or illegal activity
- Behavior that could harm our reputation or business
11.3 Effect of Termination: Upon termination:
- Your right to use our services will immediately cease
- We may delete your account and content
- All payment obligations incurred prior to termination remain due
- Provisions that by their nature should survive termination shall survive
12. Hosting and Maintenance
12.1 Hosting Services: If we provide hosting services, we will use commercially reasonable efforts to maintain uptime, but we do not guarantee 100% uptime.
12.2 Backups: While we may perform regular backups, you are ultimately responsible for maintaining your own backups of your content and data.
12.3 Maintenance Windows: We reserve the right to perform scheduled maintenance, which may result in temporary service interruptions. We will attempt to provide advance notice when possible.
12.4 Support: Support is provided as specified in your service agreement. Response times may vary based on issue severity and service level agreement.
13. Content and Materials
13.1 Client-Provided Content: You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all content you provide.
13.2 Stock Assets: Unless otherwise specified, stock photos, icons, and other assets used in your project may be subject to third-party licenses. You are responsible for maintaining these licenses if required.
13.3 Content Accuracy: You are responsible for the accuracy, quality, and legality of all content you provide or request us to include in your project.
13.4 Prohibited Content: You may not provide or request inclusion of content that is illegal, defamatory, obscene, threatening, invasive of privacy, infringing of intellectual property rights, or otherwise harmful.
14. Dispute Resolution
14.1 Informal Resolution: In the event of any dispute, claim, or controversy arising out of or relating to these Terms or our services, the parties agree to first attempt to resolve the matter through good-faith negotiations.
14.2 Mediation: If informal negotiations fail, the parties agree to attempt mediation before pursuing other remedies.
14.3 Arbitration: If mediation fails, any remaining disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
14.4 Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between you and AxiomWeb.net individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.
15. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky and the United States of America, without regard to conflict of law principles. Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the courts located in Louisville, Kentucky, and you consent to the jurisdiction of such courts.
16. Changes to Terms
We reserve the right to modify these Terms at any time. When we make changes, we will update the "Effective Date" at the top of this document. Material changes will be communicated through our website or by email if we have your contact information. Your continued use of our services after changes become effective constitutes acceptance of the revised Terms.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
18. Entire Agreement
These Terms, together with any written agreements or proposals between you and AxiomWeb.net, constitute the entire agreement between you and us regarding the use of our services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
19. Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms and any rights or obligations hereunder without restriction.
20. Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
21. Force Majeure
We shall not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, natural disasters, pandemic, government actions, or internet service interruptions.
22. Professional Relationship
Nothing in these Terms shall be construed to create a partnership, joint venture, employer-employee, or agency relationship between you and AxiomWeb.net. We are independent contractors.
23. Notices
All notices required or permitted under these Terms shall be in writing and delivered to the following address or email:
24. Contact Information
If you have any questions about these Terms of Service, please contact us using the information above. We will make every effort to respond to your inquiry in a timely manner.
