Last updated on: August 8, 2024

Introduction

Welcome to Fluzonix Agency LLC or its subsidiaries, parent companies or affiliates (“Fluzonix“) , a Web development company, (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of our website, https://fluzonix.com, and any services provided by us (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms.

Definitions

– “User” means any individual who accesses or uses our Services.
– “Content” means any information, data, text, images, videos, or other materials uploaded, posted, or transmitted through the Services.
– “Intellectual Property Rights” means all patents, copyrights, trademarks, trade secrets, and other intellectual property rights.

1. User Agreement

1.1) You must be at least 18 years old to use Fluzonix Services.

1.2) To access and use the Services, you must agree to become a Client and therefore maintain a Fluzonix Client account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required.

1.3) You acknowledge that Fluzonix will use the email address you provide as the primary method for communication.

1.4) You agree to use the Services only for lawful purposes and in compliance with these Terms.

1.5) You are responsible for keeping any/all related passwords secure. Fluzonix cannot and will not be liable for any loss or damage from your failure to maintain the security of your Website Services and/or Hosting Services.

1.6) You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

1.7) The specific Services, schedule and pricing will be confirmed between the parties in a written scope of work before Services begin.

1.8) A breach or violation of any term in the Terms of Service, as determined in the sole
discretion of Fluzonix, may result in an immediate termination of your Services.

2. Account Activation & Ownership

2.1) Fluzonix Account – The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service. If you are signing up for the Service on behalf of your employer or a business entity you own, your employer or the business entity shall be the Account Owner. You represent and warrant that you have the authority to bind the Account Owner to our Terms of Service.

2.2) Domain Names – Upon purchasing a domain name through Fluzonix, domain registration and fees will be preset to automatically renew each year, or monthly if on monthly terms, so long as your Account remains active. You acknowledge that it is your sole responsibility to contact Fluzonix to deactivate the auto-renewal function should you choose to do so.

2.3) Website Hosting (“Shared Hosting”) – Upon purchasing Hosting Services through us, Shared hosting and fees will be preset to automatically renew each year, or monthly if on monthly terms, so long as your Account remains active. You acknowledge that it is your sole responsibility to contact Fluzonix to deactivate the auto-renewal function should you choose to do so.

3. General Conditions

3.1) Support Services are only provided to paying Account Owners and is only available via email, voice phone calls, or in person meetings via applicable office and/or account manager.

3.2) Fluzonix will not alter the agreed-upon scope of work without prior written approval from the Client. All changes to the scope of work will be approved and billed to Client in an appropriate and expedient manner and subject to Standard Fee Payment Schedule as outlined below.

3.3) Fluzonix will work with all diligence to adhere to project schedules outlined in proposal. Client understands that they are responsible for providing timely feedback and schedules can and will be extended due to feedback. Client also understands and accepts that they are responsible for providing content and revisions in a timely manner. Fluzonix is not liable for any schedule issues or delays that arise during project work and Services.

3.4) Client acknowledges that Client is responsible for performing the following in a reasonable and timely manner: (a) provide content in a form suitable for development to Fluzonix; and (b) proofread all content and text provided.

3.5) All Support Services that exceed a total of 1 hour within a 30 day period are subject to our standard hourly rates.

3.6) The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of New York and the laws of the United States applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Broome County, New York with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

3.7) You acknowledge and agree that Fluzonix may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Fluzonix website, available at https://fluzonix.com/terms-condition and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Fluzonix website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

3.11) You may not use any Service or your website for any illegal or unauthorized purpose, nor may you, in the use of a Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the State of New York and the United States. You will comply with all applicable laws, rules and regulations in your use of the Services.

3.8) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by Fluonix.

3.9) You shall not purchase any service (such as web design), or other service from any claim to be Fluzonix or Other co=related URL  that different than (“https://fluzonix.com/terms-condition”)

3.10) You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

3.11) Fluzonix recommends, in conjunction with Google Compliance and best practices, the
use of SSL Certificates. Fluzonix is not responsible for Clients refusal of service and installation of SSL Certificate for security, SEO Rankings, or other impacts that may occur.

3.12) Questions about the Terms of Service should be sent to team@fluzonix.com.

4. Payment Terms

4.1) We accept various payment methods, including credit cards (Default), and custom invoice bank transfers.

4.2) Same payment terms available for every service you may want to purchase on Fluzonix.

4.3) All payments are non-refundable, except as provided in our Refund Policy.

5. Fluzonix Rights

5.1) Fluzonix reserves the right to modify or terminate the Services for any reason, without notice at any time.

5.2) Subject to applicable law, Fluzonix reserves the right to decline providing Services to any actual or potential Client for any or no reason in Fluzonix’s sole discretion. Fluzonix reserves the right to refuse to create content that Fluzonix finds in its sole discretion to be offensive, dangerous, immoral or otherwise in conflict with the values of Fluzonix.

5.3) We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the Materials uploaded or posted to a website violate our Terms of Service.

5.4) Verbal or written abuse of any kind (including threats of abuse or retribution) of any Fluzonix employee, member, or officer may result in immediate Account termination.

5.5) Fluzonix does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.

5.6) We reserve the right to provide our Services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Fluzonix employees and contractors may also be Fluzonix Clients and that they may compete with you, although they may not use your confidential information in doing so.

5.7) In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, EIN#, government issued photo ID, the last four digits of the credit card on file, etc.

5.8) Fluzonix retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Fluzonix reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

6. Modifications to the Service and Prices

6.1) Prices for using the Services are subject to change as determined by Fluzonix. Notice of such changes may be provided at any time by posting the changes to the Fluzonix Site (fluzonix.com) or the Fluzonix terms of service, or by providing direct notice to you.

6.2) Fluzonix reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.

6.3) Fluzonix shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.