Terms of Service

These Terms of Service ("Terms") constitute a legally binding contract between you or the commercial entity you represent ("Client", "you", or "your") and FixrWeb Technical Engineering Studio LLC ("FixrWeb", "we", "us", or "our"). These Terms govern all engineering services, software deliverables, custom codebases, internal tools, managed cloud hosting environments, advisory consultations, and technical support provided by FixrWeb.

By executing a Statement of Work (SOW), issuing a purchase order, submitting any remuneration, accessing managed hosting infrastructure, or using any FixrWeb deliverables, you affirm that you have full legal authority to bind your organization and that you unconditionally agree to be bound by these Terms. If you do not agree to these Terms, you must immediately refrain from accessing our infrastructure and cease commissioning our engineering services.

FixrWeb provides technical web engineering, full-stack software development, database architecture, and custom application programming as specified in mutually executed Statements of Work (SOW) or written project proposals.

Scope Modifications: Any change, expansion, or reduction in project scope, deliverables, feature sets, technical specifications, or delivery timelines requires a written Change Order signed by authorized representatives of both parties, detailing adjustments to delivery milestones and engineering compensation.

Retention of FixrWeb Pre-Existing IP & Background Technology: FixrWeb retains 100% sole and exclusive ownership of all pre-existing software, core modules, frameworks, starter codebases, boilerplates, generic software routines, modular utility libraries, command-line scripts, CI/CD pipelines, architectural design patterns, configuration files, and general developer know-how utilized, adapted, or developed prior to or during the engagement.

FixrWeb grants the Client a non-exclusive, perpetual, royalty-free, worldwide license to utilize such embedded pre-existing tools solely as integrated into and necessary to operate the bespoke deliverables.

Open-Source Packages: Deliverables incorporating third-party open-source components (including Astro, React, Tailwind CSS, MIT, BSD, or Apache licensed software) remain governed exclusively by their respective open-source licensing terms.

All technical search engine optimization (SEO), metadata structuring, Schema.org microdata implementation, Core Web Vitals tuning, and AI discoverability engineering provided by FixrWeb are strictly advisory and effort-based.

FixrWeb implements multi-layered defense-in-depth security architectures, including Web Application Firewalls (WAF), automated rate limiting, Fail2ban intrusion protection, least-privilege access permissions, and automated dependency patching.

The Client maintains sole responsibility for enforcing internal password hygiene, enabling multi-factor authentication (MFA) across client-side accounts, vetting internal staff permissions, and maintaining organizational security policies.

FixrWeb provides managed cloud hosting across five runtime stacks: WordPress Cloud, Node.js and Bun Compute, Docker Container Stacks, Static Jamstack Edge CDN, and PHP/Laravel Runtimes. FixrWeb operates a multi-provider, multi-cloud network utilizing global tier-1 infrastructure partners, bare-metal facilities, edge networks, and data center operators chosen dynamically based on workload, latency, and availability.

Multi-Provider Architecture & Unilateral Routing Discretion: FixrWeb reserves the unilateral operational right to switch, route through, add, or replace any upstream cloud, network, or data center provider at its sole discretion at any time without notice or liability.

"AS IS" and "AS AVAILABLE" Hosting Provision: All hosting infrastructure, computing environments, and network connectivity are provided strictly on an "AS IS" and "AS AVAILABLE" basis. FixrWeb does not warrant uninterrupted, error-free, or zero-latency server operation.

FixrWeb disclaims any obligation to issue refunds, credits, chargeback approvals, or compensation for scheduled maintenance, emergency security patches, client-introduced script defects, upstream failures or outages of any third-party cloud host, telecom carrier, edge network, or data center operator, or distributed denial-of-service attacks.

Any automated snapshot or backup routines conducted by FixrWeb are courtesy features provided strictly without guarantee of integrity, completeness, or rapid restore capability.

Total Data Loss Disclaimer: FixrWeb expressly disclaims all liability for data loss, data corruption, database degradation, filesystem failures, hardware crashes, network partitions, or storage volume outages, regardless of cause. The Client waives any right to claim financial damages resulting from lost records, lost transactions, or downtime associated with data reconstruction.

Engineering Engagements: Engineering projects are billed according to the milestone payment schedule in the applicable SOW. Work begins only upon receipt of initial deposit funds.

Recurring Subscriptions: Managed cloud hosting and retainer services are billed in advance on a recurring monthly or annual billing cycle via credit card, ACH, or wire transfer.

100% Non-Refundable Payments & Strict No-Chargeback Mandate: All payments, retainers, deposits, and recurring hosting fees made to FixrWeb are final, non-refundable, and non-creditable under all circumstances. Clients agree not to initiate chargebacks, payment disputes, or payment reversals with credit card issuers, banks, or payment gateways. Any initiated, threatened, or fraudulent chargeback constitutes a material breach of these Terms, resulting in immediate termination of all active services, permanent forfeiture of hosted assets and deliverables, and immediate legal and collection liability for the disputed amount, associated administrative recovery fees, and reasonable legal expenses.

Immediate Service Suspension & Unilateral Termination at Will: Invoices are payable upon receipt or within net terms specified in the SOW. Undisputed accounts past due by more than seven (7) calendar days may be assessed late interest at the rate of 1.5% per month or the statutory maximum. FixrWeb reserves the absolute right to immediately suspend, throttle, restrict, or terminate services, hosting, deployments, API access, or accounts without advance notice or liability for: (a) non-payment, chargebacks, or billing disputes; (b) terms or Acceptable Use Policy violations; (c) hostile, abusive, or defamatory communications toward staff; (d) malware, spam, or security threats originating from client assets; or (e) excessive compute or storage resource abuse.

Clients agree to use FixrWeb engineering deliverables and cloud infrastructure strictly for lawful, legitimate commercial operations. Prohibited activities include:

• Transmitting, storing, or deploying malware, viruses, ransomware, trojans, or phishing payloads.
• Initiating unsolicited bulk email communications (spam) or violating anti-spam statutes (CAN-SPAM, GDPR, CASL).
• Executing cryptocurrency mining, running botnet command-and-control nodes, or conducting unauthorized network penetration tests.
• Storing or distributing content that infringes third-party intellectual property, privacy, or proprietary rights.

Client Warranties: The Client represents and warrants that all text copy, digital media, logos, trademarks, database records, and software code provided to FixrWeb are fully owned by the Client or that the Client possesses all necessary commercial licenses, clearances, and authorizations.

The Client agrees to defend, indemnify, and hold harmless FixrWeb Technical Engineering Studio LLC, its affiliates, officers, directors, employees, contractors, agents, and licensors from and against any and all claims, demands, damages, liabilities, losses, judgments, settlements, costs, and expenses (including reasonable attorney fees and court costs) arising out of or relating to:

• Any content, assets, data, or materials provided by or on behalf of the Client.
• The Client's use or operation of the software deliverables, custom web applications, or managed hosting platform.
• Any breach by the Client of these Terms, the Acceptable Use Policy, or applicable federal, state, or international laws.
• Any claim that Client content, brand marks, or specifications infringe or misappropriate any patent, copyright, trademark, trade secret, or privacy right of a third party.
• Any dispute between the Client and its end-users, customers, or third-party service vendors.

The parties acknowledge that these liability allocations and warranty disclaimers reflect an agreed risk distribution fundamental to the pricing and provision of FixrWeb engineering and hosting services.

Hosting Subscriptions: Month-to-month hosting subscriptions may be cancelled by either party prior to the next monthly renewal date upon written notice.

Immediate Termination for Cause or Discretionary Suspension: FixrWeb reserves the right to immediately terminate or suspend any active engagement, hosting account, deployment, or API access at will without prior notice or liability in the event of: (a) non-payment, chargebacks, or billing disputes; (b) violation of the Acceptable Use Policy; (c) hostile, abusive, or defamatory communications; or (d) security threats originating from client assets.

Survival: Sections 3 (Intellectual Property Allocation), 4 (SEO Disclaimer), 5 (Cybersecurity Realities), 7 (Backup Duty & Data Loss Disclaimer), 8 (Payment Terms), 9 (Acceptable Use), 10 (Client Indemnification), 11 (Warranty Disclaimers), 12 (Limitation of Liability & Cap), 14 (Mandatory Arbitration), and 15 (Governing Law) shall survive any termination or expiration of these Terms.

Informal Resolution: Before initiating formal proceedings, the parties agree to participate in good-faith executive negotiations for at least thirty (30) calendar days following written notice of a dispute.

Governing Law: These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the substantive laws of the applicable operating jurisdiction, without regard to conflict of laws principles.

Severability & Integration: If any provision of these Terms is held invalid or unenforceable, that provision will be modified to reflect the parties' original intent to the maximum extent permitted by law, and the remaining provisions will remain in full force. These Terms, together with executed Statements of Work, constitute the entire agreement between the parties regarding the subject matter hereof.

Force Majeure: FixrWeb shall not be liable for failure to perform resulting from causes beyond its reasonable control, including acts of God, labor disputes, internet backbone failures, failures or outages of any third-party cloud host, telecom carrier, edge network, or data center operator, power outages, utility failures, or government regulations.

For contractual inquiries, customized Master Services Agreements (MSA), or formal legal notices, contact our governance team: