Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Digitex LLC ("Digitex," "we," "us," or "our"), a limited liability company, governing your access to and use of the website located at godigitex.com ("Website") and all related managed website design, development, hosting, and maintenance services ("Services").

By accessing our Website, submitting a contact form, purchasing a subscription, or otherwise engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree with any part of these Terms, you must not access or use our Website or Services.

2. Description of Services

Digitex provides fully managed website services for small businesses, including but not limited to:

• Custom website design and development
• Domain name registration and/or management
• Web hosting on secure, high-performance servers
• SSL certificate provisioning and management
• Mobile-responsive website design
• Search engine optimization (SEO) setup and basics
• Ongoing website maintenance, updates, and security patches
• Content updates and edits as specified by your subscription plan
• Performance monitoring and monthly health reports
• E-commerce and online store functionality (Enterprise plan only)

The specific features and scope of Services included in your subscription depend on the plan you select (Starter, Professional, or Enterprise). Detailed plan descriptions and feature lists are available on our Website and will be confirmed in your service agreement.

We reserve the right to modify, update, or discontinue any aspect of our Services at any time. If we make material changes that negatively affect your current subscription, we will provide you with at least thirty (30) days' written notice.

3. Account Registration and Eligibility

To use our Services, you may be required to provide certain registration information, including your name, email address, business name, and billing information. You agree that:

• All information you provide is accurate, current, and complete
• You will promptly update your information if it changes
• You are at least 18 years of age or the age of legal majority in your jurisdiction
• You have the legal capacity and authority to enter into these Terms
• You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account

You agree to notify us immediately at support@godigitex.com if you become aware of any unauthorized use of your account or any other breach of security.

4. Subscription Plans and Fees

4.1 Pricing

Our Services are offered on a subscription basis. Current pricing is displayed on our Website. All prices are quoted in U.S. dollars and are subject to applicable taxes. We reserve the right to change our pricing at any time. If we change the price of your current plan, we will provide you with at least thirty (30) days' advance written notice before the new pricing takes effect. Your continued use of the Services after the price change constitutes your acceptance of the new pricing.

4.2 Billing and Payment

Subscription fees are billed on a recurring monthly basis. By subscribing to our Services, you authorize Digitex to charge your designated payment method on a recurring basis for the applicable subscription fee plus any taxes. Payments are due on the same day of each month as your initial subscription date.

All fees are non-refundable except as expressly set forth in these Terms or as required by applicable law. If your payment method is declined or payment fails for any reason, we reserve the right to suspend your Services until payment is received.

4.3 Late Payments

If payment is not received within ten (10) days of the due date, we may suspend your website and Services. If payment remains outstanding for thirty (30) or more days, we reserve the right to terminate your account and remove your website from our servers. We will make reasonable efforts to contact you before taking any such action.

4.4 No Setup Fees

There are no setup fees for any of our subscription plans. Your monthly subscription fee is the only recurring charge for the Services included in your plan.

5. Service Agreement and Contract Terms

Your use of our Services is governed by a service agreement that outlines the specific terms of your engagement with Digitex, including the duration, scope, and deliverables. By subscribing to our Services, you agree to the terms set forth in your service agreement.

The initial contract term and any renewal terms will be specified in your service agreement. If you wish to make changes to your plan or contract, please contact us at support@godigitex.com and we will work with you to find a solution.

5.1 Termination by Client

You may request termination of your Services in accordance with the terms outlined in your service agreement. Early termination may be subject to fees or obligations as specified in your agreement. To initiate termination, contact us at support@godigitex.com.

5.2 Termination by Digitex

We reserve the right to suspend or terminate your account and Services at any time, with or without cause, if:

• You breach any provision of these Terms
• Your payment is overdue for thirty (30) or more days
• You use our Services for any unlawful, fraudulent, or prohibited purpose
• Your website contains content that violates our Acceptable Use Policy (Section 7)
• Continued provision of Services poses a risk to our systems, other clients, or third parties

In the event of termination for cause, no refund will be issued for any remaining portion of the billing period.

5.3 Effect of Termination

Upon termination of your subscription, the following will apply:

• Your website will remain live through the end of your current billing period or contract term
• After the service period ends, your website will be taken offline and hosting will cease
• You may request a copy of your website content (text, images, and media you provided) within thirty (30) days of termination. We will make commercially reasonable efforts to provide this content in a standard format.
• Any domain name registered on your behalf may be transferred to you upon request, subject to applicable domain registrar policies
• We are not obligated to retain your data, website files, or backups beyond thirty (30) days following the end of your service period

6. Website Design and Development

6.1 Design Process

Upon enrollment, Digitex will work with you to design and develop a website that meets your business needs. The design process typically includes an initial consultation, design concept presentation, a review and revision period, and final approval before launch.

You agree to provide all necessary content, materials, information, and feedback in a timely manner. Delays in providing required materials may result in delays to the project timeline.

6.2 Revisions

During the initial design phase, you will have the opportunity to request reasonable revisions. The number and scope of included revisions will be outlined in your service agreement. Additional revisions beyond the included scope may incur additional fees at our standard hourly rate.

6.3 Launch Approval

Your website will not be published or made live without your express written or electronic approval. Once you approve the design and content for launch, you acknowledge that the website meets your requirements as agreed upon. Post-launch changes will be handled through your plan's content edit allowance.

6.4 Content Edits

Ongoing content edits (text changes, image swaps, minor layout adjustments) are included in your subscription as specified by your plan. Edit requests can be submitted via email to support@godigitex.com. Turnaround times vary by plan:

• Starter: up to two (2) content edits per month, completed within five (5) business days
• Professional: unlimited content edits, completed within three (3) business days
• Enterprise: unlimited content edits with same-day turnaround during business hours

Content edits do not include full website redesigns, addition of new pages or features, custom functionality development, or e-commerce configuration (unless included in your plan). These types of requests may require a separate scope of work and additional fees.

7. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services to:

• Publish, distribute, or store any content that is illegal, defamatory, obscene, threatening, harassing, discriminatory, or otherwise objectionable
• Infringe upon or violate the intellectual property rights, privacy rights, or other rights of any third party
• Distribute malware, viruses, worms, or any other harmful software or code
• Engage in phishing, spamming, or any form of fraudulent activity
• Overload, disrupt, or interfere with our servers, networks, or infrastructure
• Use our Services to send unsolicited bulk email or communications
• Violate any applicable local, state, national, or international law or regulation
• Host or link to content that promotes illegal drugs, weapons, gambling (where prohibited), or adult/explicit material

We reserve the right to review any content hosted on our platform and to remove or disable access to content that violates this Acceptable Use Policy. Violations may result in immediate suspension or termination of your account without notice or refund.

8. Intellectual Property

8.1 Your Content

You retain all ownership rights to the content you provide to us for use on your website, including but not limited to text, photographs, logos, trademarks, and other materials ("Your Content"). By providing Your Content to Digitex, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute Your Content solely for the purpose of providing the Services to you.

You represent and warrant that you own or have the necessary rights, licenses, and permissions to use and authorize us to use all content you provide. You are solely responsible for ensuring Your Content does not infringe upon the intellectual property rights of any third party.

8.2 Digitex Materials

All website designs, templates, code, graphics, layouts, and other materials created by Digitex in connection with the Services ("Digitex Materials") are and shall remain the intellectual property of Digitex. During your active subscription, you are granted a non-exclusive, non-transferable license to use the Digitex Materials solely in connection with your website as hosted by Digitex.

This license terminates upon the termination or expiration of your subscription. You may not copy, reproduce, distribute, modify, reverse-engineer, or create derivative works based on Digitex Materials without our prior written consent.

8.3 Portfolio Rights

Unless you notify us in writing otherwise, Digitex may display your completed website in our portfolio, case studies, and marketing materials for the purpose of showcasing our work. We will not disclose confidential business information in doing so.

9. Domain Names

If a domain name is registered on your behalf as part of your subscription, the following terms apply:

• The domain name will be registered in your name (or your business name) as the registrant
• Digitex may be listed as the administrative or technical contact for management purposes during your active subscription
• Domain registration and renewal costs are included in your subscription for standard domain extensions (.com, .net, .org). Premium or specialty domain extensions may incur additional fees.
• Upon termination of your subscription, you may request a transfer of the domain to your own registrar account. We will cooperate in facilitating this transfer.
• If you already own a domain, we will assist in configuring DNS settings to point to your hosted website at no additional charge

Domain availability is not guaranteed, and Digitex is not responsible for the resolution of domain name disputes. All domain registrations are subject to the terms and policies of the applicable domain registrar and ICANN.

10. Hosting and Uptime

Digitex provides web hosting as part of your subscription. We strive to maintain a high level of availability and will use commercially reasonable efforts to ensure your website is accessible. However, we do not guarantee 100% uptime and are not liable for interruptions caused by:

• Scheduled maintenance (we will provide advance notice when possible)
• Circumstances beyond our reasonable control, including natural disasters, power outages, internet service disruptions, acts of war or terrorism, cyberattacks, and other force majeure events
• Third-party service failures, including DNS providers, CDN providers, and cloud infrastructure providers
• Actions or omissions by you or third parties accessing your account

In the event of a prolonged outage caused by Digitex (exceeding 48 continuous hours), you may be eligible for a pro-rated credit on your monthly subscription fee. Credits must be requested in writing within fifteen (15) days of the outage.

11. Data and Backups

Digitex performs regular backups of your website as part of our standard maintenance procedures. While we take reasonable precautions to protect your data, we cannot guarantee that data loss will never occur. You are encouraged to maintain your own copies of any critical content or materials you provide to us.

Digitex shall not be liable for any loss of data, regardless of the cause. In the event of data loss, we will use commercially reasonable efforts to restore your website from the most recent available backup.

12. Third-Party Services

Our Services may integrate with or rely upon third-party services, including but not limited to payment processors, analytics tools, email platforms, domain registrars, and cloud hosting providers. Your use of these third-party services is subject to their respective terms and privacy policies. Digitex is not responsible for the performance, availability, or practices of third-party services.

Any links to third-party websites or services from your website or from our Website are provided for convenience only and do not constitute an endorsement by Digitex.

13. SMS/Text Messaging Terms

If you opt in to receive SMS/text messages from Digitex, the following additional terms apply:

• By opting in, you consent to receive recurring automated SMS/MMS messages from Digitex at the phone number you provided
• Consent to receive text messages is not required as a condition of purchasing Services
• Message frequency varies; you may receive up to 10 transactional messages and up to 8 promotional messages per month
• Message and data rates may apply
• You may opt out at any time by replying "STOP" to any message or by emailing support@godigitex.com
• For help, reply "HELP" to any message or email support@godigitex.com
• We will not sell, rent, or share your phone number or SMS opt-in information with third parties for marketing purposes
• Carriers are not liable for delayed or undelivered messages

For full details on our SMS practices, please refer to our Privacy Policy, Section 4.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. DIGITEX EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, DIGITEX DOES NOT WARRANT THAT:

• The Services will be uninterrupted, error-free, or completely secure
• Your website will achieve any specific results, traffic levels, search engine rankings, or business outcomes
• Any defects or errors in the Services will be corrected within a specific timeframe
• The Services will meet all of your specific requirements beyond what is outlined in your service agreement

You acknowledge that the use of the internet and web-based services involves inherent risks, including but not limited to security vulnerabilities, data breaches, and service interruptions, and that Digitex cannot be held responsible for events outside of its reasonable control.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGITEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF DIGITEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL DIGITEX'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO DIGITEX DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

16. Indemnification

You agree to indemnify, defend, and hold harmless Digitex, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Any content you provide or publish through the Services, including claims of intellectual property infringement
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Any dispute between you and a third party arising from your website or business

17. Dispute Resolution

17.1 Informal Resolution

Before filing any formal legal claim, you agree to first contact us at support@godigitex.com to attempt to resolve the dispute informally. We will make good faith efforts to resolve any dispute within thirty (30) days.

17.2 Binding Arbitration

If a dispute cannot be resolved informally, you and Digitex agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in the state where Digitex maintains its principal place of business, unless the parties agree otherwise.

The arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

17.3 Class Action Waiver

YOU AND DIGITEX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State in which Digitex LLC is organized, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in the jurisdiction where Digitex maintains its principal place of business.

19. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and notify you by email or through a prominent notice on our Website at least thirty (30) days before the changes take effect. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms.

If you do not agree with the modified Terms, you may terminate your subscription in accordance with Section 5.

20. General Provisions

• Entire Agreement: these Terms, together with your service agreement and our Privacy Policy, constitute the entire agreement between you and Digitex with respect to the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.
• Severability: if any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• Waiver: the failure of Digitex to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: you may not assign or transfer your rights or obligations under these Terms without our prior written consent. Digitex may assign its rights and obligations under these Terms without restriction.
• Force Majeure: Digitex shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, internet disruptions, cyberattacks, and acts of war or terrorism.
• Notices: all notices required or permitted under these Terms shall be in writing and sent via email to support@godigitex.com (for notices to Digitex) or to the email address associated with your account (for notices to you).
• Headings: the section headings in these Terms are for convenience only and do not have any legal or contractual effect.

21. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us: