1. Introduction
Welcome to Fluxverge ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website at fluxverge.com and the digital marketing services we provide (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not access or use our Services. We reserve the right to update these Terms at any time.
2. Services
Fluxverge provides premium digital marketing services including web design and development, search engine optimisation (SEO), generative engine optimisation (GEO), AI agent development, email marketing, social media advertising, and corporate branding. The specific scope, deliverables, timelines, and fees for each engagement are set out in a separate Service Agreement or Statement of Work ("SOW") agreed between Fluxverge and the client prior to commencement.
3. Eligibility
You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements. If you are entering into these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation.
4. Client Responsibilities
As a client, you agree to provide Fluxverge with accurate, complete, and timely information, materials, and access required to perform the Services. Delays arising from your failure to provide required materials may affect project timelines and are not the responsibility of Fluxverge. You are responsible for ensuring that any content, trademarks, images, or other materials you provide do not infringe the intellectual property rights of any third party.
5. Payment Terms
Payment terms are specified in the applicable SOW or invoice. Unless otherwise agreed in writing, invoices are due within 14 calendar days of the invoice date. We reserve the right to pause or suspend Services if payment is not received on time. Late payments may incur interest at a rate of 2% per month on the outstanding balance from the due date until the date of payment.
6. Intellectual Property
Upon receipt of full payment of all outstanding fees, Fluxverge assigns to you all intellectual property rights in the final deliverables created specifically for your project, except for any pre-existing tools, frameworks, third-party components, or general methodologies which remain the property of their respective owners. Fluxverge retains the right to display your project in our portfolio, website, and marketing materials unless you expressly request otherwise in writing prior to project commencement.
7. Confidentiality
Both parties agree to keep confidential any proprietary or commercially sensitive information shared during the engagement. Neither party shall disclose such information to third parties without prior written consent, except where required by applicable law or regulatory authority.
8. Warranties and Disclaimers
Fluxverge warrants that the Services will be performed with reasonable skill and care in accordance with professional industry standards. However, we do not guarantee specific results such as particular search engine rankings, conversion rates, revenue outcomes, or advertising returns, as these depend on many factors outside our direct control. Our Services are provided in good faith, and, to the fullest extent permitted by applicable law, we disclaim all other warranties, express or implied.
9. Limitation of Liability
To the fullest extent permitted by applicable law, Fluxverge's total aggregate liability to you for any claims arising out of or relating to these Terms or the Services will not exceed the total fees paid by you in the three calendar months immediately preceding the claim. In no event will Fluxverge be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, loss of data, or business interruption.
10. Termination
Either party may terminate a Service Agreement with 30 days written notice to the other party. Upon termination, you remain liable for all fees for work completed and costs incurred up to and including the termination date. If Fluxverge terminates the agreement due to a material breach by you, no refund will be issued for work already completed or costs already incurred.
11. Force Majeure
Neither party will be held liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to natural disasters, government actions, cyberattacks, internet outages, or pandemic-related restrictions, provided the affected party notifies the other party promptly.
12. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with applicable international commercial law principles. In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation. If a resolution cannot be reached within 30 days, the dispute shall be submitted to binding arbitration conducted in English under internationally recognised arbitration rules.
13. Contact
For questions about these Terms, please contact us at hello@fluxverge.com or visit fluxverge.com/contact. We aim to respond within two business days.