Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and BEIRUX ("we," "our," or "us"), a digital consulting agency based in New Jersey.

By engaging our services, visiting our website (beirux.com), or signing a service agreement, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our services.

2. Services Overview

BEIRUX provides digital consulting services including but not limited to:

• Website design and development
• Digital marketing and social media management
• Business strategy consulting
• E-commerce solutions
• Search engine optimization (SEO)
• Analytics and reporting
• Training and support services

Specific service details, deliverables, timelines, and pricing are outlined in individual Service Agreements or Statements of Work ("SOW").

3. Service Agreements and Scope

3.1 Project Definition

• All projects require a signed Service Agreement or SOW
• Project scope, deliverables, timelines, and pricing must be agreed upon in writing
• Changes to project scope require written approval and may incur additional fees

3.2 Service Limitations

• Services are provided during business hours (Monday-Friday, 9 AM - 6 PM ET)
• Emergency support available for additional fees
• We do not guarantee specific business results or revenue increases
• SEO and marketing services do not guarantee specific rankings or traffic volumes

3.3 Client Responsibilities

You agree to:

• Provide accurate and complete information necessary for service delivery
• Respond to requests for information within agreed timeframes
• Provide timely feedback on deliverables and milestones
• Ensure you have authority to make decisions for your business
• Maintain current contact information and communication channels

4. Payment Terms

4.1 Pricing and Invoicing

• All prices are in USD and subject to change with 30 days written notice
• Custom quotes are valid for 30 days from issuance
• Invoices are sent electronically and payment is due within 15 days
• Late payments may incur a 1.5% monthly service charge

4.2 Payment Schedule

Project-Based Services:

• 50% deposit required before work begins
• Remaining 50% due upon project completion

Monthly Retainer Services:

• First month due before services begin
• Subsequent payments due on the same date each month
• Annual retainers receive 2 months free (pay 10, receive 12 months)

Hourly Consulting:

• Minimum 2-hour blocks
• Invoiced monthly, payment due within 15 days

4.3 Refund Policy

• Project deposits: Non-refundable once work has commenced
• Monthly retainers: 30 days written notice required for cancellation
• Completed work: No refunds for delivered and accepted work
• Unused retainer hours: No rollover or refund unless terminated by BEIRUX

5. Intellectual Property Rights

5.1 Client-Owned Materials

You retain ownership of:

• Your business name, trademarks, and existing brand assets
• Content you provide (text, images, videos)
• Business processes and proprietary information

5.2 BEIRUX-Created Materials

Upon full payment, you receive:

• Website ownership: Full ownership of custom code and design
• License to use: All deliverables created specifically for your project
• Non-exclusive rights: To any template or standardized components

5.3 BEIRUX Retained Rights

We retain ownership of:

• Our methodologies, processes, and business practices
• Template components and reusable code frameworks
• Tools, software, and proprietary systems
• General knowledge gained from your project

5.4 Third-Party Materials

• Third-party licenses (fonts, images, software) remain subject to original terms
• Client responsible for ensuring proper licensing of provided materials
• BEIRUX not liable for unlicensed materials provided by Client

6. Confidentiality and Data Protection

6.1 Mutual Confidentiality

Both parties agree to:

• Protect confidential information shared during the engagement
• Use confidential information solely for the purpose of this agreement
• Not disclose confidential information to third parties without written consent

6.2 Data Security

We implement industry-standard security measures including:

• Encrypted data transmission and storage
• Regular security updates and monitoring
• Limited access to confidential information
• Secure backup and disaster recovery procedures

6.3 Data Retention

• Client files retained for 2 years post-project completion
• Financial records retained for 7 years per legal requirements
• Data deletion available upon written request after retention period

7. Warranties and Disclaimers

7.1 Service Warranties

BEIRUX warrants that:

• Services will be performed in a professional and workmanlike manner
• Deliverables will substantially conform to agreed specifications
• We have the right and authority to enter into this agreement

7.2 Disclaimer of Warranties

7.3 Third-Party Services

We are not responsible for:

• Performance or availability of third-party services (hosting, email providers, etc.)
• Changes in third-party APIs or platform policies
• Internet connectivity or technical issues beyond our control

8. Limitation of Liability

8.1 Liability Cap

BEIRUX's total liability for any claim shall not exceed the amount paid by Client for services in the 12 months preceding the claim, or $5,000, whichever is greater.

8.2 Excluded Damages

8.3 Client Indemnification

Client agrees to indemnify and hold harmless BEIRUX from claims arising from:

• Client's use of delivered services or materials
• Client-provided content or materials
• Violation of applicable laws or third-party rights
• Modifications to BEIRUX deliverables made by Client or third parties

9. Termination

9.1 Termination by Either Party

Either party may terminate this agreement:

• With Cause: Immediately for material breach after 10 days written notice
• Without Cause: With 30 days written notice

9.2 Effect of Termination

Upon termination:

• Client pays for all work completed to date
• BEIRUX delivers all completed work upon final payment
• Both parties return or destroy confidential information
• Accrued obligations survive termination

9.3 Emergency Termination

BEIRUX may immediately terminate services if:

• Client fails to pay invoices after 30 days past due
• Client violates applicable laws or regulations
• Client engages in abusive or threatening behavior
• Continuation would violate professional standards

10. Dispute Resolution

10.1 Informal Resolution

Before formal proceedings, parties agree to attempt good-faith resolution through direct communication between authorized representatives.

10.2 Mediation

If informal resolution fails, disputes shall be resolved through binding mediation administered by:

• American Arbitration Association (AAA)
• Location: New Brunswick, New Jersey
• Rules: AAA Commercial Mediation Procedures
• Costs: Split equally between parties

10.3 Litigation

If mediation is unsuccessful, any legal action must be brought in the courts of New Jersey. Both parties consent to the jurisdiction of New Jersey state and federal courts.

10.4 Attorneys' Fees

The prevailing party in any legal proceeding shall be entitled to recover reasonable attorneys' fees and costs.

11. Force Majeure

Neither party shall be liable for delays or failures caused by events beyond reasonable control, including:

• Natural disasters, pandemics, or government actions
• Internet outages or third-party service failures
• Labor strikes or material shortages

Notice of force majeure events must be provided promptly, and parties must use reasonable efforts to minimize impact.

12. General Provisions

12.1 Governing Law

These Terms are governed by New Jersey state law, without regard to conflict of law principles.

12.2 Entire Agreement

These Terms, together with any Service Agreements or SOWs, constitute the entire agreement between the parties and supersede all prior agreements or understandings.

12.3 Modifications

Terms may only be modified in writing and signed by both parties. Updates to general Terms will be posted on our website with 30 days notice.

12.4 Severability

If any provision is found unenforceable, the remainder of the Terms shall remain in full force and effect.

12.5 Assignment

Client may not assign this agreement without written consent. BEIRUX may assign this agreement in connection with a business sale or transfer.

12.6 Independent Contractors

The parties are independent contractors. This agreement does not create a partnership, joint venture, or employment relationship.

13. Compliance and Standards

13.1 Professional Standards

BEIRUX adheres to:

• Industry best practices for web development and digital marketing
• Applicable accessibility standards (WCAG guidelines)
• Data protection and privacy regulations
• Ethical business practices and professional conduct

13.2 Regulatory Compliance

Client is responsible for ensuring their business and use of our services complies with:

• Industry-specific regulations
• Local, state, and federal laws
• International trade and export regulations
• Tax and licensing requirements

14. Contact Information

For legal notices: Send via certified mail or email to legal@beirux.com.

15. Acceptance

By engaging our services or continuing to use our website after these Terms take effect, you acknowledge that you have read, understood, and agree to be bound by these Terms.