Terms of Service

3. No Guarantee of Rankings or Results

While we employ industry best practices and proven strategies to maximize your digital visibility, the following factors are beyond our control and may affect outcomes:

• Search engine and AI platform algorithm updates and changes
• Competitor activity, market saturation, and industry dynamics
• Geographic and demographic variations in search behavior
• Client-side changes to website content, hosting, or domain configuration
• Third-party platform policies, outages, or data processing changes
• Broader economic, seasonal, or regulatory factors affecting your industry

Any case studies, testimonials, metrics, or results referenced on our website or marketing materials represent outcomes achieved for specific clients under specific conditions and should not be interpreted as a guarantee of similar results for your business. Individual results vary significantly by industry, competition level, geographic market, and other factors.

4. What We Do Commit To

While we cannot guarantee specific rankings or outcomes, we commit to delivering:

• All deliverables specified in the agreed-upon Statement of Work
• Industry best practices in SEO, GEO, and web development
• Professional-quality design and development work
• Transparent communication and regular progress updates
• Technical optimization aligned with current search engine and AI platform guidelines
• Revision rounds as specified in your service package

5. Payment Terms

Project-based work follows a milestone payment structure as outlined in the SOW. Unless otherwise agreed:

• 50% deposit is due upon project commencement to secure your project slot and initiate research and design work.
• 50% balance is due upon project completion and client approval, prior to the site going live.
• Monthly retainer fees (where applicable) begin upon project launch and are billed on the first of each month.

Late payments may incur a fee of 1.5% per month on outstanding balances. Heliux Digital reserves the right to pause or suspend services for accounts with balances overdue by more than 30 days.

6. Refund & Cancellation Policy

The initial 50% deposit is non-refundable once work has commenced, as it covers research, strategy development, and initial design work. If the Client cancels the project:

• Before work begins: Full refund of the deposit.
• After work begins but before completion: The deposit is retained; no additional fees are owed.
• Monthly retainers: May be cancelled with 30 days' written notice. No refunds for the current billing period.

Refunds are not available based on dissatisfaction with search engine rankings, AI platform recommendations, or traffic outcomes, as these are not guaranteed (see Section 3).

7. Intellectual Property

Upon full payment, the Client receives ownership of all custom design assets, website code, and content created specifically for their project. Heliux Digital retains:

• The right to display the work in our portfolio and case studies (with Client permission)
• Ownership of proprietary tools, frameworks, templates, and methodologies used in the creation process
• Ownership of any AI tools or software systems built using Heliux Digital's proprietary codebase (Client receives a perpetual license to use them on their website)

Third-party assets (stock photos, fonts, plugins) remain subject to their respective licenses.

8. Client Responsibilities

The Client agrees to:

• Provide timely feedback and approvals within the agreed-upon review periods
• Supply accurate business information, content, and assets as requested
• Maintain domain registration, hosting accounts, and third-party service subscriptions
• Not make unauthorized changes to the website that could negatively impact SEO or GEO performance without consulting Heliux Digital
• Ensure all content provided is accurate, lawful, and does not infringe on third-party rights

9. Limitation of Liability

To the maximum extent permitted by law, Heliux Digital's total liability arising out of or related to these Terms or any project shall not exceed the total fees paid by the Client for the specific project giving rise to the claim.

In no event shall Heliux Digital be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, business opportunities, or data, regardless of the cause of action or theory of liability, even if Heliux Digital has been advised of the possibility of such damages.

10. Indemnification

The Client agrees to indemnify and hold harmless Heliux Digital, its officers, directors, employees, and agents from and against any claims, damages, losses, or expenses (including reasonable attorney's fees) arising out of or related to: (a) the Client's breach of these Terms; (b) the Client's use of the deliverables; (c) any content or materials provided by the Client; or (d) any third-party claims related to the Client's business operations.

11. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the engagement. This includes but is not limited to business strategies, customer data, pricing information, and technical specifications. This obligation survives the termination of the agreement.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising under these Terms shall first be addressed through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration taking place in Texas.

13. Modifications to Terms

Heliux Digital reserves the right to update these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Continued use of our services after changes are posted constitutes acceptance of the revised Terms. For active projects, material changes to terms will be communicated directly to the Client.

14. Contact Information

For questions about these Terms, please contact us at [email protected].