xixio.net

DEFINITIONS
The term "xixio.net" shall apply equally to xixio.net LLC, its employees, agents, and owners.

The term "Client" shall refer to any individual or group requesting a consultation with xixio.net regarding web-design services, or any individual or group entering into a service agreement with xixio.net.

The term "Consultation" shall refer to an analysis performed by xixio.net of the Client's website design requirements and communicated to the Client.

The phrase "Service Agreement" or "Agreement" shall refer to a documented agreement, signed by both parties, indicating the services to be provided by xixio.net and the consideration (payment or services and timeframe for payment) provided by the Client in return for these services.

The phrases "Third Party Service" and "Third Party Services" refer to those products and services not owned or provided by xixio.net, but obtained on behalf of the Client by xixio.net for the Client's use.

The phrase "Web Template" refers to pre-designed website templates generated by xixio.net or purchased from a third party.

CONSULTATION
Upon request, xixio.net may provide a Consultation of the Client's proposed website design at no charge to the Client.   xixio.net reserves the right to decline any request that it deems objectionable, questionable, in bad taste, or detrimental to the livelihood of xixio.net and/or its customers.

To perform the Consultation, xixio.net will provide a survey to the client to ascertain the desired purpose, content, style, and audience of the proposed website.   The survey may also request information about the Client's existing hosting capabilities, including available software and bandwidth and other relevant information.   Follow-up questionaires may also be conducted to obtain the necessary detail.

The result of the consultation shall be based solely on the Client's response to the intial survey and any subsequent inquries, and xixio.net's analysis thereof.  xixio.net makes no guarantee of merchantability or fitness for a particular purpose.  Refer to the WARRANTY section for more information on this important disclaimer.

At the conclusion of the consultation, xixio.net will provide a report detailing the recommended features of the proposed site.  If requested, xixio.net may also provided a proposal to complete the recommended features, and any others requested by the Client.   It is the Client's sole responsibility to ensure that the services proposed meet the needs of the Client.

TERMS OF SERVICE
Prior to beginning design work for the Client, a proposed Service Agreement shall be drafted.  The Agreement shall detail the services to be provided, the charges to the Client to perform the work, and may include a timeframe to complete the work.

The Client must sign both the Service Agreement and this Terms and Conditions document.  If the work to be performed is for the benefit of a third party, the Client may need to provide proof that the Client is authorized to purchase services on behalf of the third party.

At no time will work be performed on behalf of the Client without signed Service Agreement and Terms and Conditions documents.

Once signed, the Service Agreement may not be substantively altered without written consent of both the Client and xixio.net.

It is our goal to provide our Clients with value-added service in order to cultivate continuing relationships.  Therefore, xixio.net agress to perform the work outlined in the Agreement in good faith, without unnatural delay.  However, xixio.net shall not be held responsible for delays caused by acts of God, force majeure, power outage, or events outside of xixio.net control.  xixio.net agrees to promptly advise the Client if delays are likely, and to work with the Client on an acceptable alternative.

If the Agreement involves an installation component, Client shall provide xixio.net with timely and sufficient access to the resources required to complete the installation under the Agreement.  If this does not occur, the installation portion(s) of the Agreement may be voided via notice from xixio.net without impact on unrelated portions therein.

Upon successful completion of the Service Agreement, Client shall be granted possession of all code, files, and materials as outlined in the Agreement.  Client shall henceforth be granted permission to use, distribute, or modify any original code or programming created by xixio.net.   For its part, xixio.net reserves the right to retain, re-use, and/or modify any original code created by xixio.net in subsequent applications, except as specifically prohibited in the Service Agreement.

If xixio.net fails to meet its requirements under the Service Agreement, the maximum recourse of the Client shall be a refund of any monies provided to xixio.net.  If the work covered in the Service Agreement is in exchange for services provided by the Client, the maximum recourse shall be the termination or refund of actual market value for the services already provided by the Client.    In either instance, xixio.net retains ownership of the work performed to that point, and Client agrees to destroy any material, including the Consultation report, provided to the Client by xixio.net.

If xixio.net fails to meet the timing requirements (if any) as listed in the Service Agreement, the Client may voluntarily waive a refund as provided above, and instead opt to void the agreement in return for possession of any code, services, or materials related to the project for which payment has already been made.  The materials may then be used by the Client as if the project was successfully completed.

If the Client fails to meet its requirements under the Service Agreement, xixio.net may suspend work on the project until the Client demonstrates intent to comply with the Agreement.  Such a delay shall not be interpreted as a failure by xixio.net to meet its requirements.  Further, although we hope it will never be necessary, xixio.net reserves the right to pursue collections action against the Client as needed to enforce the Agreement.  Client agrees to pay any legal expenses necessary for xixio.net to rightfully collect on a debt.  In this instance, xixio.net retains ownership of the work performed until such point as the Client fulfills its obligations in full under the agreement, upon which xixio.net shall deliver all materials for which it has been reimbursed.

USE OF WEB TEMPLATES
If the Service Agreement specifies the use of a Web Template, the Client waives exclusive rights to use of the template, unless arrangements are made to purchase exclusivity of use from xixio.net and/or the original template owner.

If a third-party template is purchased for the Client's use, xixio.net retains the right to use the template in the future, except as above, and unless prohibited under the template license.   The Client shall be provided a copy of the Web Template license and conditions of use, and agrees to be bound by them.

USE OF THIRD PARTY SERVICES
Third Party Services, including but not limited to domain name registration, site or content hosting solutions, and add-on software, shall be goverened by the license and rules of the Third Party Service, as if the Client purchased same directly from the third party.  xixio.net is not responsible for the proper function of Third Party Services, regardless of whether xixio.net attempts to assist the Client if problems arise.

WARRANTY
The services provided by xixio.net are provided "as is" and any express or implied warranties are disclaimed, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose.  In no event shall xixio.net be liabile to any party for any direct, indirect, incidental, special, exemplary, or consequential damages arising in any way from the use or misuse of xixio.net services, or any derivatives thereof, including the recommendation of Third Party Services.

REVISIONS AND CHANGES
xixio.net reserves the right to update these Terms & Conditions for future Agreements at any time and without notice.   However, changes will not be made retroactively; rather, changes will apply only to new Service Agreements made after the date of revision.