AGREEMENT AND SCOPE
These Terms of Service (“Terms”) constitute a binding agreement between you and Aetroq governing your access to and use of our website and services, including web design, digital marketing, branding, and related consulting. By using our site or engaging our services, you agree to these Terms, our Privacy Policy, Cookie Policy, and any project-specific agreement or statement of work. If you are acting on behalf of a business, you represent that you have authority to bind that entity.
SERVICES AND ORDERING
We provide services as described on our website and in individual proposals or statements of work. Scope, deliverables, timelines, and fees will be set out in writing before work begins. Our credits-based pricing for marketing plans is described on our Pricing page and in the relevant plan terms. You are responsible for providing accurate information, content, and access necessary for us to perform the services. We reserve the right to refuse or discontinue services where we reasonably believe that continuing would violate law or these Terms.
FEES AND PAYMENT
You agree to pay all fees due in accordance with the applicable invoice or agreement. Payment terms are as stated (e.g. net 14 or 30 days, or upfront where required). Late payment may result in suspension of services and interest or late fees to the extent permitted by law. All fees are non-refundable except as set out in our Refund and Cancellation Policy. Taxes are your responsibility unless we are required to collect them.
ACCEPTABLE USE
You agree to use our website and services only for lawful purposes and in accordance with our Acceptable Use Policy. You may not use our work or direct us to create content that promotes illegal activity, infringes third-party rights, harasses others, or violates applicable law. We may suspend or terminate access for breach of this section.
INTELLECTUAL PROPERTY
Unless otherwise agreed in writing: (1) We retain ownership of our pre-existing IP, tools, and methodologies. (2) Upon full payment for custom deliverables, we grant you a non-exclusive, worldwide, perpetual licence to use those deliverables for the purposes agreed (e.g. your business website or campaigns). (3) We retain the right to use deliverables in our portfolio and for marketing unless you request otherwise in writing. (4) You warrant that any materials you provide do not infringe third-party rights and grant us a licence to use them for the project.
CONFIDENTIALITY
Each party agrees to keep confidential any non-public information disclosed by the other in connection with the services, except where disclosure is required by law or the information is or becomes publicly available through no fault of the receiving party. We will not disclose your confidential information to third parties except as necessary to perform the services or as permitted in our Privacy Policy.
DATA PROTECTION
We process personal data in accordance with our Privacy Policy and applicable data protection law. Where we act as a processor on your behalf (e.g. managing campaigns that process your customers' data), we will do so only on your documented instructions and in accordance with a data processing agreement where required by law.
WARRANTIES AND DISCLAIMER
We warrant that we will perform the services with reasonable skill and care. Except as expressly stated, we provide the website and services “as is” and disclaim all other warranties, express or implied, including merchantability and fitness for a particular purpose. We do not warrant uninterrupted or error-free operation.
LIMITATION OF LIABILITY
To the maximum extent permitted by law: (1) Our total liability for any claims arising from or related to these Terms or the services shall not exceed the amount you paid us for the relevant service in the twelve (12) months preceding the claim. (2) We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits, data, or goodwill, even if advised of the possibility. (3) Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
INDEMNITY
You agree to indemnify and hold harmless Aetroq and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising from your breach of these Terms, your use of the services or deliverables, or your violation of any law or third-party rights.
TERM AND TERMINATION
These Terms apply until terminated. We may terminate or suspend your access for breach, non-payment, or at our discretion with reasonable notice where contractually permitted. You may terminate as set out in our Refund and Cancellation Policy. On termination, you must pay all amounts due; provisions that by their nature should survive (e.g. IP, confidentiality, limitation of liability) will survive.
GOVERNING LAW AND DISPUTES
These Terms are governed by the laws of [insert jurisdiction, e.g. the State of Delaware, USA, or England and Wales]. Any dispute shall be resolved in the courts of that jurisdiction, except where mandatory consumer law requires otherwise. Nothing prevents either party from seeking injunctive relief.
GENERAL
These Terms, together with the documents referred to herein, constitute the entire agreement. No waiver is effective unless in writing. If any provision is held invalid, the remainder remains in force. We may assign our rights and obligations; you may not assign without our consent. Notices should be sent to info@aetrox.tech or the address we provide.
CHANGES
We may update these Terms from time to time. The “Last updated” date will be revised. Continued use of our website or services after changes constitutes acceptance. For material changes affecting an existing engagement, we will notify you and, where required by law, seek your consent or allow you to terminate.
