Terms of Service
Updated: July 10, 2026
1. Introduction
1.1 These Terms & Conditions ("Agreement") govern the provision of all services, including but not limited to website design, development, digital marketing, consulting, and managed website services, by Quix Sites LLC ("Quix Sites," "we," "us," or "our") to you, the client ("you" or "your").
1.2 By engaging Quix Sites' services, whether via a signed agreement, written confirmation, electronic acceptance, or by conduct, payment, and continued use as described in clause 1.5, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.
1.3 This Agreement, including any referenced policies or supplementary agreements, constitutes the entire agreement between the parties and supersedes all prior negotiations, agreements, understandings, and communications, whether written or oral.
1.4 Quix Sites reserves the right to update, modify, or amend this Agreement at any time. Any modifications will become effective 30 days after notification via our website or by direct email to the client. Continued use of our services constitutes acceptance of the updated terms.
1.5 Acceptance by Conduct, Payment and Continued Use. You are deemed to have read, understood, accepted and agreed to be bound by these Terms if you do any of the following: request, approve, receive, access, use or continue to use any services provided by us; pay, part-pay, authorize payment of, or fail to dispute an invoice within the stated dispute period; maintain a payment method on file; authorize recurring billing; continue to receive managed website plans, maintenance, marketing, advertising, consulting, support or other services after being notified of these Terms; or otherwise act in a manner consistent with receiving the benefit of the services. This applies whether or not a separate proposal, order form, statement of work or signed agreement has been executed.
1.6 Existing and Legacy Customers: If you received services from us before these Terms were published or updated, these Terms apply to all services supplied on or after the effective date notified to you by email, invoice, account notice, website notice, payment link, proposal or other written communication. Your continued use of the services, continued receipt of services, payment of any invoice, maintenance of a payment method on file, or failure to cancel before the effective date constitutes acceptance of these Terms.
1.7 Any purchase order, supplier onboarding document, vendor portal term, procurement term, invoice note, payment remittance term, email footer or other document provided by you is for administrative convenience only and does not amend, override or form part of this Agreement unless expressly agreed in writing by one of our authorized directors. Any such terms are rejected and have no legal effect.
2. Ownership & Intellectual Property Rights
2.1 Ownership of Deliverables
2.1.1 Quix Sites retains full ownership of all intellectual property, including but not limited to website code, graphics, written content, concepts, templates, and strategies, until full payment of all outstanding invoices.
2.1.2 Upon full payment, ownership of the final work product (excluding any third-party software, stock images, or licensed content) is transferred to you.
2.2 Third-Party Materials & Licensing
2.2.1 Any third-party assets, including but not limited to fonts, stock images, licensed apps, and external software integrations, remain the property of their respective owners and are subject to their own licensing agreements.
2.2.2 If third-party software or materials are used in your project, it is your responsibility to comply with licensing terms and renewals.
2.3 Confidentiality & Non-Disclosure
2.3.1 All project details, pricing, strategies, and proprietary methodologies shared by Quix Sites are considered confidential information. You may not disclose this information to third parties without explicit written consent from Quix Sites.
2.3.2 Quix Sites will maintain strict confidentiality regarding any proprietary information provided by you unless disclosure is required by law.
2.4 Marketing Rights
2.4.1 Quix Sites retains the non-exclusive, royalty-free right to use client names, logos, testimonials, case study content, and final project deliverables (including website design, visual assets, and project screenshots) for promotional purposes (e.g., website, pitch decks, advertising, and social media channels).
2.4.2 Right to Signature: Quix Sites may display a signature, link, or credit on the final website or digital property created or managed by us.
2.4.3 Opt-Out Provision: Clients may opt-out of the Signature Right (2.4.2) or the Showcase Right (2.4.1) by providing explicit written notice to Quix Sites. If no written objection is received, the client is deemed to have granted permission for these uses.
3. Client Responsibilities & Indemnification
3.1 Content & Compliance
3.1.1 You are solely responsible for ensuring that all materials (text, images, videos, files, etc.) provided to Quix Sites do not infringe on third-party copyrights, trademarks, or intellectual property rights.
3.1.2 You agree to indemnify, defend, and hold Quix Sites harmless against any claims, damages, losses, liabilities, and legal costs arising from the use of unauthorized materials or failure to comply with applicable laws.
3.2 Indemnification for Third-Party Claims
3.2.1 You agree to indemnify and hold Quix Sites, its directors, employees, contractors, and agents harmless from any claims, liabilities, costs, or damages, including legal fees, arising out of:
The content provided by you.
Any third-party legal claims related to your website or marketing materials.
Your failure to comply with privacy laws, consumer protection laws, eCommerce regulations, or accessibility requirements (including but not limited to ADA, CCPA, GDPR, and CAN-SPAM).
4. Non-Solicitation & Employment Restrictions
4.1 Restriction on Hiring Quix Sites Employees & Contractors
4.1.1 You agree that during the term of engagement and for a period of 24 months following termination of services, you shall not directly or indirectly solicit, recruit, employ, or engage any employee, contractor, or subcontractor of Quix Sites without prior written consent.
4.1.2 If this restriction is breached, you agree to pay liquidated damages of USD $50,000 as a reasonable estimate of Quix Sites' recruitment, training, and operational costs.
5. Website Development, Platform Services & Disclaimers
5.1 Website Performance
5.1.1 Quix Sites makes commercially reasonable efforts to develop websites optimized for search engine ranking. However, we do not guarantee specific search engine rankings, visitor traffic, or conversion rates, as these are influenced by external factors beyond our control.
5.1.2 Any alterations made by you or third parties post-delivery, including but not limited to unauthorized changes in code, apps, or platform configuration, void all warranties and service guarantees.
5.1.3 We do not guarantee any particular commercial outcome, including search ranking, traffic, leads, sales, revenue, conversion rate, return on ad spend, cost per lead, cost per acquisition, email deliverability, page speed score, Core Web Vitals score, platform approval, account status, or uninterrupted availability. Any forecasts, estimates, benchmarks, case studies or examples are illustrative only and are not promises or guarantees of future performance.
5.2 Platform & Hosting
5.2.1 Quix Sites builds websites primarily on Wix and Shopify. These platforms provide their own hosting, SSL, and infrastructure. Quix Sites is not responsible for platform downtimes, policy changes, feature removals, or service interruptions caused by Wix, Shopify, or any third-party platform provider.
5.2.2 You acknowledge that your website is hosted by the platform provider (Wix or Shopify), not by Quix Sites. Platform subscription fees are your responsibility and are billed directly by the platform provider.
5.3 Managed Website Plans
5.3.1 A Managed Website Plan is a subscription-based service that may include website updates, performance optimization, app/integration maintenance, uptime monitoring, and ongoing support.
5.3.2 Included support covers reasonable website updates, content changes, maintenance, performance monitoring, and issue resolution within the scope of the selected plan.
5.3.3 Requests outside the plan scope, including major redesigns, new functionality, third-party integrations, eCommerce builds, custom development, copywriting, or SEO campaigns, may be quoted and billed separately.
5.3.4 Client Responsibilities: The client is responsible for providing accurate content, instructions, approvals, legal wording, privacy information, compliance requirements, and any third-party access needed for the website. The client remains responsible for reviewing and approving all website content before publication.
5.4 Revisions & Feedback Management
5.4.1 Revision Requests: For website builds and other project-based services, Quix Sites includes revisions as specified in the agreed proposal or package:
Basic: 1 round of revisions (up to 10 changes per round)
Plus: 2 rounds of revisions (up to 10 changes per round)
Growth: 3 rounds of revisions (up to 10 changes per round)
5.4.2 Definition of a Change: A "change" is defined as a single, discrete edit to one element (e.g., updating a heading, adjusting a colour, repositioning an image). Requests that require structural redesign or new functionality will be treated as out-of-scope work.
5.4.3 Bulk Processing Requirement: All feedback and revision requests must be consolidated and submitted in bulk within a single round. Incremental or fragmented requests will not be accommodated as a single round.
5.4.4 Communication Channels: All feedback and change requests must be communicated in writing via email to support@quixsites.com. Requests sent via other channels (e.g., text, social media) will not be accepted unless otherwise agreed.
5.4.5 Consolidation Timeline: Clients are responsible for consolidating all feedback and revisions within ten (10) calendar days after delivery. Once this window has passed, any outstanding revisions will be considered additional work and subject to a separate scope and fee agreement.
5.4.6 Additional Rounds & Charges: Any additional revision requests beyond the included rounds may be accommodated at Quix Sites' discretion and will incur additional charges at standard hourly rates.
5.4.7 No Turnaround Time Guarantee on Revisions: Quix Sites will process revision requests as promptly as reasonably possible. No specific turnaround time is guaranteed for revision delivery unless agreed in a separate written SLA.
5.5 Support Scope Limitations
5.5.1 Support tickets cover bug fixes, updates, and minor changes within the scope of the selected plan.
5.5.2 New site builds, major redesigns, or app-level features cannot be requested via support and must be scoped separately.
5.5.3 Unused support time does not roll over, accumulate, or carry forward.
5.5.4 Support requests are handled as promptly as reasonably possible; however, response and resolution times are not guaranteed unless agreed in a separate written SLA.
5.6 Third-Party Services Disclaimer
5.6.1 You acknowledge that websites, apps, integrations, DNS records, domain registrars, SSL certificates, payment gateways, analytics tools, advertising platforms, CRM systems, APIs, email systems and other third-party services may fail, change, suspend access, become incompatible, suffer downtime, be compromised, or discontinue features. We are not liable for any loss, downtime, data loss, failed transaction, lost enquiry, lost sale, ranking change, or business interruption caused by or related to any third-party service, client action, unauthorized change, expired license, unpaid third-party account, platform policy change, or event outside our reasonable control.
5.6.2 We are not responsible for any issues resulting from actions, changes, omissions, or configurations made by the client or any third party. Any work required to investigate, diagnose, restore, or rectify issues arising from such actions may be treated as out-of-scope work and charged at our standard rates.
6. Payment Terms, Cancellation & Refund Policy
6.1 Payment Schedule
6.1.1 Payments are due as per the agreed proposal or invoice schedule. All services require payment before commencement unless otherwise agreed.
6.1.2 Final payment must be made before project completion or website launch.
6.1.3 All prices are quoted in United States Dollars (USD) unless otherwise specified.
6.2 Late Payment Fees
6.2.1 Late payments are subject to:
Interest at 1.5% per month on overdue amounts.
Service suspension for accounts overdue by more than 30 days.
6.2.2 If an account remains overdue for 60 days, Quix Sites reserves the right to terminate services and seek legal recourse for outstanding payments.
6.3 Refund Policy
6.3.1 All deposits and milestone payments are non-refundable.
6.3.2 No refunds will be issued once services have commenced, unless Quix Sites fails to deliver work as contractually agreed.
6.4 Overage Billing Terms
6.4.1 The standard hourly rate for all overage work is USD $150 per hour and is billed in 15-minute increments.
6.4.2 Overage work includes tasks requested outside of the client's included plan scope.
6.4.3 Overage charges will be processed automatically via the card on file unless otherwise agreed in writing.
6.5 Cancellation Policy for Recurring Services
6.5.1 A minimum 30-day cancellation notice is required for all recurring services, including but not limited to Managed Website Plans and any other subscription-based services provided by Quix Sites.
6.5.2 Cancellation requests must be submitted in writing via email to support@quixsites.com at least 30 days prior to the intended termination date. Full charges will continue to apply during this period.
6.5.3 While Quix Sites may choose to waive this notice period on a case-by-case basis, it remains an enforceable condition unless explicitly waived in writing.
6.5.4 Right to Terminate: Quix Sites reserves the right to terminate any recurring service agreement by providing 30 days written notice to the client. Upon expiry of the notice period, all services will cease and any outstanding invoices will become immediately payable.
6.6 Project Inactivity & Dormancy Policy
6.6.1 If no substantive client communication or project progress occurs for a continuous period of 90 days, Quix Sites reserves the right to classify the project as inactive and place it on hold.
6.6.2 Upon entering inactive status:
All timelines, deliverables, and pricing may be subject to re-scoping.
A restart fee may apply if additional planning or rework is required.
Any unpaid invoices will remain due and enforceable, regardless of project status.
6.6.3 Resuming an inactive project requires a written request. If the project has been inactive for more than 6 months, a new proposal and updated pricing may be required.
6.7 Third-Party Advertising Spend
6.7.1 Unless otherwise agreed in writing, all third-party advertising spend, including Google Ads, Meta Ads, and other platform costs, is the client's sole responsibility and must be paid directly by the client to the relevant third-party platform.
6.7.2 Quix Sites is not required to fund, advance, guarantee, or place its own payment method on any client advertising account.
7. Security, Data & Liability
7.1 Security Measures
7.1.1 Quix Sites employs commercially reasonable security practices to protect client data and website access credentials. This includes secure password management, multi-factor authentication for team access, and strict access controls.
7.1.2 While Quix Sites implements robust security protocols, no system is entirely immune to vulnerabilities. We do not guarantee absolute immunity from hacking, malware, or zero-day exploits.
7.2 Data Protection
7.2.1 In the event of a data breach or hacking incident, Quix Sites is not liable for loss of revenue, customer data, or reputational damage.
7.2.2 You are responsible for ensuring compliance with applicable data protection laws, including but not limited to CCPA (California), GDPR (EU/UK), CAN-SPAM, and any other applicable privacy regulations.
7.2.3 You are responsible for the security of any third-party integrations, apps, or services connected to your website without Quix Sites' involvement.
7.3 Backups
7.3.1 Where applicable, Quix Sites performs regular backups of managed websites for disaster recovery purposes.
7.3.2 Backups are provided as a risk-reduction measure only and are not a guarantee against data loss. You must maintain your own independent backups of all critical business data. We are not liable for corrupted backups, failed restoration, incomplete data, or any data loss.
7.4 General Limitation of Liability
7.4.1 Exclusion of Consequential Loss: To the maximum extent permitted by law, Quix Sites shall not be liable for any indirect, special, incidental, punitive, or consequential damages, including but not limited to loss of revenue, loss of profits, loss of anticipated savings, loss of business opportunity, loss of data, or business interruption, arising out of or in connection with the provision of services, whether based on breach of contract, tort (including negligence), strict liability, or otherwise, even if Quix Sites has been advised of the possibility of such damages.
7.4.2 Liability Cap: To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or in connection with the services is limited to the lesser of: (a) the fees paid by you for the affected service in the three months immediately preceding the event giving rise to the claim; or (b) USD $5,000. This cap applies whether the claim arises in contract, tort including negligence, statute, equity or otherwise.
8. Service Suspension & Termination
8.1 Quix Sites may suspend or terminate services immediately if:
You violate these Terms & Conditions.
Payments are overdue beyond 60 days.
Your project involves illegal, unethical, or high-risk activities.
8.2 We are committed to maintaining a respectful, safe, and professional environment. We may suspend, restrict, or terminate services where a client or their representatives engage in abusive, threatening, harassing, discriminatory, aggressive, or otherwise inappropriate conduct toward our team.
8.3 Upon termination, you must immediately cease use of Quix Sites' proprietary materials, and any unpaid work will remain the property of Quix Sites.
9. Dispute Resolution & Governing Law
9.1 All disputes shall first be attempted to be resolved amicably through negotiation.
9.2 If unresolved within 30 days, disputes shall be referred to binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in the State of Wyoming, United States.
9.3 This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of laws principles.
9.4 Nothing in the dispute resolution process prevents us from seeking urgent injunctive relief, suspending services, protecting our systems or intellectual property, recovering unpaid amounts, or taking collection action.
10. Amendments & Final Provisions
10.1 Quix Sites reserves the right to update these Terms & Conditions. The latest version will always be available on our website at quixsites.com/terms-of-service.
10.2 If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full effect.
10.3 The failure of Quix Sites to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.