--- title: "Terms of Service | FixrWeb Enterprise Engineering & Cloud Hosting" description: "Corporate terms of service governing FixrWeb custom software development, managed cloud hosting, intellectual property allocation, big tech liability shields, and strict zero-credit policies." canonical_url: "https://fixrweb.com/terms" ai_markdown_url: "https://fixrweb.com/terms.md" --- # FixrWeb Corporate Terms of Service > Protective enterprise terms governing bespoke software engineering, enterprise web applications, managed cloud infrastructure, intellectual property rights, warranty disclaimers, liability caps, and binding arbitration. **TL;DR / Executive Business Summary:** - **Intellectual Property & Payment Condition:** Bespoke deliverable rights transfer strictly upon 100% full and final payment. FixrWeb retains 100% sole ownership of all pre-existing tools, core modules, frameworks, starter code, and developer know-how. - **Strict Zero-Credit & 100% Non-Refundable Policy:** All fees, deposits, retainers, and hosting subscription charges are 100% strictly non-refundable and non-creditable upon payment. FixrWeb provides zero service credits, zero downtime rebates, zero financial offsets, and zero fee reductions under any circumstances. All commercial and operational risks of downtime reside 100% exclusively on the client. - **Mandatory Independent Backup Duty:** Hosting is provided strictly "AS IS" and "AS AVAILABLE". The Client maintains sole and exclusive responsibility for offsite encrypted backups. FixrWeb disclaims all data loss and data corruption liability. - **SEO & Marketing Outcomes Disclaimer:** Services are strictly advisory and effort-based. FixrWeb explicitly provides zero guarantee of search engine rankings, keyword positions, organic traffic volume, leads, or business revenue. - **Cybersecurity Realities:** Multi-layered defense-in-depth reduces attack surfaces, but FixrWeb provides zero guarantee of absolute invulnerability against zero-day exploits, nation-state cyber attacks, or compromised client credentials. - **Strict No-Chargeback Mandate & Immediate Suspension:** All payments are final. No chargebacks permitted; unauthorized chargebacks result in immediate termination, service forfeiture, and legal/collection liability. FixrWeb reserves the absolute right to immediately suspend, throttle, restrict, or terminate services, deployments, hosting, or accounts without advance notice or liability for non-payment, chargebacks, terms violations, abusive communications, malware, spam, security threats, or resource abuse. - **Big Tech Liability Shields & Monetary Cap:** Complete exclusion of consequential, indirect, special, punitive, lost profits, lost sales, lost data, and business interruption damages. Strict aggregate liability cap limited to the lesser of fees paid by client in the preceding three (3) months or $100.00 USD. - **Comprehensive Client Indemnification:** Client defends, indemnifies, and holds FixrWeb harmless against all third-party claims, content infringements, or legal breaches. - **Dispute Resolution:** Mandatory individual binding arbitration, complete class action waiver, and irrevocable jury trial waiver. - **FixrWeb**: Technical software engineering and managed cloud infrastructure studio operated under FixrWeb Technical Engineering Studio LLC. - **Client**: The commercial entity or individual contracting engineering services or subscribing to managed cloud hosting. - **Statement of Work (SOW)**: Formal contractual document defining deliverables, milestone timelines, technical specifications, and project fees. - **Managed Cloud Hosting**: Managed runtime environments including WordPress Nginx microcaching, Node.js and Bun servers, Docker Compose stacks, Static Jamstack CDNs, and PHP 8.4 JIT compute. - **Pre-Existing IP**: Core frameworks, starter boilerplates, generic software routines, utility libraries, and developer know-how owned exclusively by FixrWeb. --- ## 1. Agreement Overview & Acceptance of Terms These Terms of Service ("Terms") govern all engineering engagements, custom software deliverables, internal tools, managed cloud hosting, advisory services, and technical support provided by FixrWeb Technical Engineering Studio LLC ("FixrWeb"). By executing a Statement of Work, submitting payment, accessing managed hosting infrastructure, or using FixrWeb deliverables, the Client affirms legal authority to bind their organization and agrees to be bound by these Terms in full. If you do not agree to these Terms, you must immediately refrain from accessing our infrastructure and commissioning engineering services. --- ## 2. Engineering Scope of Services & Change Orders FixrWeb delivers enterprise technical web engineering across three primary disciplines: 1. **Custom B2B Corporate Websites:** High-performance web platforms built with Astro, Tailwind CSS, TypeScript, and headless CMS integrations. 2. **Custom Web Applications & SaaS MVPs:** Full-stack software applications and client portals built with React, Bun, Node.js, and relational database systems. 3. **Internal Tools & Operations Portals:** Bespoke operational consoles and database management interfaces designed to eliminate recurring seat-based SaaS licensing costs. Specific project requirements, milestone schedules, acceptance criteria, and budgets are documented within each respective Statement of Work. Any modification to project scope requires a written Change Order signed by authorized representatives of both parties. --- ## 3. Intellectual Property Allocation & Pre-Existing Technology Retention - **Deliverables Transfer Condition:** Subject to full, final, and irrevocable payment of 100% of all agreed fees and expenses, FixrWeb assigns to the Client all right, title, and interest in bespoke end deliverables created exclusively for the Client under the relevant SOW. - **Retention of FixrWeb Pre-Existing IP & Background Technology:** FixrWeb retains 100% sole and exclusive ownership of all pre-existing software, core frameworks, starter boilerplates, generic software routines, modular utility libraries, command-line scripts, CI/CD pipelines, architectural design patterns, and general developer know-how. FixrWeb grants the Client a non-exclusive, perpetual, royalty-free, worldwide license to utilize such embedded tools solely as integrated into the bespoke deliverables. - **Open-Source Components:** Deliverables incorporating third-party open-source components remain governed exclusively by their respective open-source licensing terms. --- ## 4. Technical SEO & Marketing Outcomes: Zero Rank Guarantees All technical search engine optimization (SEO), metadata structuring, Schema.org microdata implementation, Core Web Vitals tuning, and AI discoverability engineering are strictly advisory and effort-based. Search engines and AI discovery platforms (including Google, Microsoft Bing, Perplexity, OpenAI, and Apple) operate autonomous, proprietary, and constantly evolving ranking algorithms. FixrWeb explicitly makes zero representations, warranties, or guarantees regarding search engine rankings, keyword placements, organic traffic volumes, customer conversion figures, leads, or commercial revenue. --- ## 5. Cybersecurity Realities & Defense-in-Depth Disclaimer FixrWeb deploys multi-layered defense-in-depth architectures (WAF, automated rate limiting, Fail2ban, least privilege permissions, vulnerability patching). However, no internet-connected software system or server can be guaranteed 100% immune from security breaches, zero-day software exploits, nation-state cyber warfare, advanced social engineering, or brute-force attacks resulting from compromised client credentials. The Client maintains sole responsibility for internal credential hygiene and MFA enforcement. --- ## 6. Managed Cloud Hosting, Availability Objectives & Strict Zero-Credit Policy FixrWeb provides managed cloud hosting across five runtime architectures: WordPress Cloud, Node.js/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. 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" Provision:** All hosting infrastructure, computing environments, and network connectivity are provided strictly on an "AS IS" and "AS AVAILABLE" basis without warranties of uninterrupted or error-free operation. - **Strict Zero-Credit & 100% Non-Refundable Policy:** All fees, retainers, deposits, and hosting subscription charges are 100% strictly non-refundable and non-creditable upon payment. FixrWeb provides ZERO service credits, ZERO downtime rebates, ZERO financial offsets, and ZERO fee reductions under any circumstances, including server downtime, latency, maintenance, hardware failures, network partitions, or upstream provider disruptions. - **Engineering Objectives vs. Financial Warranties:** Target availability metrics (such as 99.9% target uptime) and response time benchmarks represent engineering architecture objectives only and do NOT constitute a financial warranty, SLA remedy, or contractual guarantee. - **All Risks on Client:** All commercial, business interruption, and operational risks of downtime reside 100% exclusively on the client. --- ## 7. Mandatory Client Backup Duty & Total Data Loss Disclaimer The Client is solely and exclusively responsible for maintaining independent, redundant, offsite, and encrypted backups of all databases, application files, media assets, code repositories, user records, and configuration data. Any automated backup routines executed by FixrWeb are courtesy features provided without warranty of integrity or recovery speed. 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. --- ## 8. Fees, Invoicing, Billing & Immediate Suspension at Will - **Engineering Projects:** Billed on a milestone basis according to the Statement of Work. Work begins only upon receipt of initial deposit funds. - **Hosting Subscriptions:** Billed in advance on a recurring monthly or annual billing cycle via credit card, ACH, or wire transfer. - **100% Non-Refundable & No Chargebacks:** All payments, retainers, deposits, and recurring hosting fees are final, non-refundable, and non-creditable under all circumstances. Clients are strictly prohibited from initiating chargebacks, payment disputes, or payment reversals. Any initiated or fraudulent chargeback constitutes a material breach of these Terms, resulting in immediate service termination, permanent forfeiture of hosted assets and deliverables, and immediate legal and collection liability for the disputed amount, administrative recovery fees, and reasonable legal expenses. - **Immediate Right to Suspend & Terminate:** Invoices are due upon receipt or within net terms specified in the SOW. Undisputed balances overdue by more than 7 calendar days may accrue late interest at 1.5% per month or the statutory maximum. FixrWeb reserves the absolute right to immediately suspend, throttle, restrict, or terminate services, deployments, hosting, or accounts without advance notice or liability for non-payment, chargebacks, terms violations, abusive communications, malware, spam, security threats, or resource abuse. --- ## 9. Acceptable Use Policy & Client Content Warranties Clients agree to use FixrWeb deliverables and cloud infrastructure strictly for lawful commercial operations. Prohibited activities include distributing malware, initiating unsolicited commercial email (spam), cryptomining, operating botnet nodes, or infringing third-party intellectual property. The Client warrants that all copy, imagery, trademarks, datasets, and code provided to FixrWeb are owned by the Client or that the Client possesses full licensing authorization. --- ## 10. Comprehensive Client Indemnification The Client agrees to defend, indemnify, and hold harmless FixrWeb, its affiliates, officers, directors, employees, contractors, and agents from and against all third-party claims, demands, damages, liabilities, losses, judgments, settlements, costs, and legal fees arising out of: (a) Client content or assets; (b) Client use or operation of software deliverables or hosting; (c) Client breach of these Terms or applicable law; or (d) any third-party intellectual property or privacy infringement claims relating to client specifications. --- ## 11. Comprehensive Warranty Disclaimers ("AS IS", "AS AVAILABLE", "WITH ALL FAULTS") TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SERVICES, SOFTWARE DELIVERABLES, CUSTOM CODE, CLOUD HOSTING, INFRASTRUCTURE, TECHNICAL ADVICE, AND DOCUMENTATION ARE PROVIDED STRICTLY "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS", WITHOUT WARRANTY OF ANY KIND. FIXRWEB EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND ERROR-FREE OR UNINTERRUPTED OPERATION. --- ## 12. Exclusion of Consequential Damages & Strict Aggregate Liability Cap - **Consequential Damages Exclusion:** TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FIXRWEB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST SALES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER CRASHES, UNDER ANY THEORY OF LIABILITY. - **Strict Aggregate Liability Cap:** IN NO EVENT SHALL FIXRWEB TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR ANY ENGAGEMENT EXCEED THE LESSER OF: (A) THE TOTAL FEES ACTUALLY PAID BY CLIENT TO FIXRWEB IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD). --- ## 13. Term, Unilateral Termination at Will, & Survival Month-to-month hosting subscriptions may be cancelled prior to the next billing cycle. FixrWeb reserves the right to terminate or suspend any active engagement, hosting account, deployment, or API access immediately at will without liability in the event of non-payment, acceptable use breach, hostile communications, or security threats originating from client assets. All disclaimers, liability limitations, IP retention, backup obligations, and indemnification terms survive termination. --- ## 14. Mandatory Binding Arbitration, Class Action Waiver, & Jury Waiver - **Individual Binding Arbitration:** Any dispute arising under these Terms shall be resolved through final and binding arbitration administered by a recognized commercial arbitration provider under its commercial arbitration rules. - **Class Action Waiver:** ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. - **Jury Trial Waiver:** BOTH PARTIES KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY. --- ## 15. Governing Law & General Provisions These Terms are governed by the substantive laws of the applicable operating jurisdiction without regard to conflict of law principles. If any provision is held invalid, the remaining terms continue in full force. FixrWeb shall not be liable for delays or failures caused by force majeure events, failures or outages of any third-party cloud host, telecom carrier, edge network, or data center operator, or internet backbone disruptions. --- ## 16. Contact & Formal Legal Notices - **Entity:** FixrWeb Technical Engineering Studio LLC - **Email:** contact@fixrweb.com - **Corporate Desk:** Available for enterprise procurement reviews and SOW execution. --- - Main Legal Terms HTML: https://fixrweb.com/terms - Privacy Policy: https://fixrweb.com/privacy.md - Technical Disclaimer: https://fixrweb.com/disclaimer.md - Hosting Specs: https://fixrweb.com/hosting.md - Master AI Index: https://fixrweb.com/llms.txt