Terms of Service

1. Agreement

These Terms of Service ("Terms") constitute a binding agreement between Fendx Solutions LLC ("we," "us," "our") and the individual or entity ("Client," "you") engaging our services.

By engaging our services — whether by submitting a contact form, accepting a proposal, making a payment, or instructing us to begin work — you confirm that you have read, understood, and agreed to these Terms.

These Terms apply to all services provided by Fendx Solutions LLC, including web design and development, SEO, website maintenance, business email and DNS setup, digital workflow automation, analytics setup, and IT consulting.

2. Nature of Services

Fendx Solutions LLC provides IT services and digital support to businesses. We are not a law firm, and we do not provide legal, financial, regulatory, or professional advice of any kind.

Our services are technical and creative in nature. The results of our work depend in part on factors outside our control, including but not limited to the client's existing digital setup, third-party platform changes, search engine algorithm updates, and market conditions.

We work professionally and in good faith to deliver agreed services to a reasonable standard. All deliverables are described in a project scope or written agreement.

3. Project Scope

Before beginning any project, we will agree on a scope of work. The scope defines what will be delivered, the timeline, and the cost. Work outside the agreed scope is not included and will require a separate agreement and payment.

If the scope of a project changes during delivery — due to new requirements, changes to your brief, or additional work requested — we will discuss and agree on the impact to cost and timeline before proceeding. We do not carry out unscoped work without written agreement.

Minor adjustments that fall within the spirit of the agreed scope will be handled at our discretion. Significant additions are treated as out-of-scope and quoted separately.

4. Client Responsibilities

To enable us to deliver services effectively, the Client agrees to:

• Provide accurate, complete, and timely information required to deliver the agreed service
• Review and respond to our queries and deliverables within a reasonable time
• Provide access to accounts, platforms, and resources necessary for delivery (e.g., hosting, CMS, domain registrar) when required
• Ensure that content provided to us (text, images, documents) does not infringe on third-party rights
• Pay invoices by the agreed due dates
• Appoint a responsible contact who can make decisions on behalf of the business during the project

Delays caused by the Client's failure to provide required information or approvals may result in project timeline extensions. We are not liable for delays caused by Client inaction.

5. Revisions

The number of revisions included in a project will be specified in the project scope or proposal. Revisions are defined as changes within the original brief — not new requirements or changes to the direction of the project.

Revision requests must be submitted in writing (by email). We will not action verbal revision instructions without written confirmation.

Revisions that fall outside the agreed scope, or that require significant rework due to a change in the Client's direction, will be treated as additional work and quoted separately.

6. Payments

Payment terms will be specified in the proposal or invoice. Unless otherwise agreed in writing:

• A deposit may be required before work begins on larger projects.
• Final payment is due prior to delivery or launch of the completed work.
• Ongoing services (maintenance, retainers) are invoiced monthly in advance unless otherwise agreed.
• Invoices are due within 14 days of issue unless a different term is specified on the invoice.

Work may be paused or withheld if payment is overdue. We reserve the right to charge a late payment fee on invoices more than 30 days overdue.

All prices are in US Dollars (USD) unless otherwise stated.

7. Refunds and Cancellations

Deposits are generally non-refundable, as they are used to reserve time and begin scoping or preliminary work on your project.

If you cancel a project after work has begun:

• You are liable for payment for work completed up to the date of cancellation.
• Any non-refundable third-party costs already incurred on your behalf (hosting, domains, software licences) are your responsibility.

If we are unable to deliver a service due to circumstances on our side, we will provide a fair refund for work not completed.

Cancellations of ongoing maintenance or retainer services require a minimum of 30 days' written notice. You will be billed for any work completed during the notice period.

8. SEO — No Ranking Guarantee

We do not guarantee specific search engine rankings, positions, or organic traffic outcomes from SEO services.

Search engine rankings are determined by the algorithms of third-party search engines (including Google, Bing, and others) that are outside our control. While we apply current best practices and work to improve your site's visibility, we cannot control how or when search engines index, rank, or display your pages.

We will:

• Apply sound, up-to-date SEO practices that follow search engine guidelines
• Set realistic expectations at the outset of any SEO engagement
• Report on what has been completed and provide measurable data where available

We will not use techniques that risk penalties from search engines, including keyword stuffing, hidden content, link schemes, or other practices that violate search engine guidelines.

9. Domains, Hosting, Email, and Software

Unless explicitly stated in a project agreement:

• Domain registration and hosting fees are the Client's responsibility. We may assist with setup, but the Client is the account holder and payer.
• Third-party software licences, plugins, themes, and platform subscriptions are the Client's responsibility to renew and maintain after project completion.
• Email platform subscriptions (Google Workspace, Microsoft 365, etc.) are the Client's own accounts and ongoing costs.
• We are not responsible for service interruptions caused by third-party providers (hosting, domain registrars, email platforms).

We recommend that Clients maintain control of their own domain registration accounts and hosting accounts. We advise against giving third parties exclusive control of these assets.

10. Access Credentials

Where we require access to your accounts to deliver a service (website admin, hosting panel, DNS settings, email platform, etc.):

• You are responsible for providing credentials or access in a secure manner.
• We will use access only for the purposes of delivering the agreed service.
• We recommend using temporary credentials, limited-permission accounts, or role-based access where possible.
• We recommend that you change or revoke access credentials after project completion.
• We accept no responsibility for security incidents caused by the Client's own security practices or by third-party platforms.

11. Client Content

You are responsible for all content you provide to us for use in your project, including text, images, logos, videos, and other materials. By providing content to us, you confirm that:

• You own the content or have the legal right to use it for the purpose specified.
• The content does not infringe the intellectual property rights of any third party.
• The content does not violate any applicable law.

We are not responsible for claims arising from content supplied by the Client. If a third-party claim arises related to Client-supplied content, the Client agrees to indemnify Fendx Solutions LLC against any resulting costs or liability.

12. Intellectual Property

Upon receipt of full payment for a project, ownership of the custom work we create specifically for you (custom design, custom code, written content produced by us on your behalf) transfers to you, unless agreed otherwise in writing.

The following are not included in this transfer:

• Third-party assets used under licence (stock images, fonts, plugins, themes) — these remain subject to their own licence terms.
• Our proprietary tools, frameworks, or methodologies used in delivery.
• Work that has not been paid for in full.

Until full payment is received, all work product remains the property of Fendx Solutions LLC. We reserve the right to withhold delivery of completed work until payment is received.

13. Third-Party Platforms

Many of our services involve configuration, integration, or use of third-party platforms (content management systems, hosting providers, email platforms, automation tools, analytics services, etc.).

We are not responsible for:

• Changes, discontinuations, or failures of third-party platforms
• Pricing changes or policy changes by third-party providers
• Data handling by third-party platforms (subject to their own terms and privacy policies)
• Outages, downtime, or errors caused by third-party systems

Where third-party changes affect delivered work, we can assist with remediation under a separate support or maintenance agreement.

14. Support and Maintenance Services

Website maintenance and support services are provided on the basis of what is agreed in the maintenance scope. Support is not unlimited unless explicitly stated.

Maintenance services cover the specific items listed in the maintenance agreement. Activities outside that scope — including major redesigns, new feature development, or emergency work arising from third-party platform failures — are not included and will be quoted separately.

We do not guarantee 100% uptime of any website or service. Website hosting uptime is subject to the terms of the hosting provider used.

15. Limitation of Liability

To the fullest extent permitted by applicable law:

• Fendx Solutions LLC's total liability to you arising from or related to any service or project shall not exceed the total amount paid by you to us for the specific service or project in question.
• We are not liable for indirect, consequential, incidental, or special damages, including lost revenue, lost profits, or business interruption, even if we have been advised of the possibility of such damages.
• We are not liable for damages arising from third-party platform failures, changes, or outages.
• We are not liable for losses arising from the Client's failure to maintain their own accounts, credentials, or backups.
• We are not liable for the content of websites, communications, or materials we create based on instructions or content provided by the Client.

16. Governing Law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts of the State of Wyoming.

17. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the effective date at the top of this page. Continued use of our services after updated Terms are published constitutes acceptance of the updated Terms.

For ongoing engagements, the Terms in effect at the time of project commencement will govern that project unless both parties agree otherwise in writing.

18. Contact

For questions about these Terms, or to discuss a specific project or service agreement, please contact us:

• Email: support@fendxsolutions.com
• Phone: +1 (646) 531-9773
• Post: Fendx Solutions LLC, 30 North Gould Street, Sheridan, WY 82801, United States
• Business hours: Monday–Friday, 9:00 AM–6:00 PM Mountain Time