Terms of Service
AGREEMENT TERMS OF SERVICE
1. AGREEMENT TO TERMS
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you') and ApexxSphere ('Company,' 'we,' 'us,' or 'our'), concerning your access to and use of our website, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto. By accessing our services, you acknowledge that you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
2. SERVICES PROVIDED
ApexxSphere is a full-service marketing agency providing creative communication, brand strategy, digital advertising, and 360-degree marketing solutions. The specific deliverables for any project will be governed by a separate Service Agreement or Statement of Work (SOW). While we strive for excellence, ApexxSphere reserves the right to refuse service to any brand or project that conflicts with our company ethics or legal standards.
3. INTELLECTUAL PROPERTY RIGHTS
Company IP: Unless otherwise indicated, the Site and Services, including source code, databases, functionality, software, website designs, audio, video, text, and graphics (collectively, the 'Content') and the trademarks and logos contained therein are owned or controlled by ApexxSphere. Work Product: Upon receipt of full and final payment, ApexxSphere hereby assigns to the Client all rights, titles, and interests in the final creative deliverables produced specifically for the Client. Usage for Promotion: Notwithstanding the above, ApexxSphere retains the right to use any portion of the work product for the purpose of self-promotion, including portfolios, case studies, and social media, unless a specific Non-Disclosure Agreement (NDA) has been signed by both parties.
4. CLIENT OBLIGATIONS & REPRESENTATIONS
As a condition of using our services, you represent and warrant that: All information you submit is true, accurate, and complete. You have the legal capacity to enter into this agreement. You will provide all necessary brand assets (logos, fonts, images) and feedback within the timelines requested to avoid project delays. You own the rights to any materials you provide to us for use in your marketing campaigns.
5. PAYMENT TERMS & FEES
Invoicing: Fees for services are outlined in your individual proposal. Deposits: A non-refundable deposit of 50% is required before the commencement of any project. Late Payments: Payments not received within 7 days of the invoice due date may incur a late fee of 5% per month on the outstanding balance. Third-Party Costs: Any third-party costs (platform ad spend, printing costs, software licenses) are the responsibility of the client and are not included in our service fees unless explicitly stated.
6. LIMITATION OF LIABILITY
To the fullest extent permitted by law, ApexxSphere, its directors, or employees shall not be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, or punitive damages, including lost profit or lost revenue arising from your use of the services. We provide marketing strategies based on industry data; however, we do not guarantee specific financial results, conversion rates, or sales figures, as these are subject to market volatility and consumer behavior beyond our control.
7. TERMINATION
By Client: You may terminate a project by providing 30 days written notice. You will be billed for all hours worked and expenses incurred up to the date of termination. By ApexxSphere: We reserve the right to terminate or suspend your account and access to services immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users or us.
8. GOVERNING LAW
These Terms and your use of the Service are governed by and construed in accordance with the law without regard to its conflict of law principles. Any legal action or proceeding shall be brought exclusively in the courts.</