Last updated: 30 June 2025
1. Acceptance of These Terms
By accessing nixosolutionsllc.com (the "Site") or by purchasing, subscribing to, or otherwise using any service provided by NIXO Solutions LLC ("NIXO," "we," "our," or "us"), you ("Client," "you," or "your") agree to be bound by these Terms of Service (the "Terms"). If you do not agree to all provisions herein, do not use the Site or the Services.
2. Scope of Services
NIXO offers professional WordPress / WooCommerce engineering and related consulting services, including but not limited to:
- Continuous Dev Partner Subscription – up to three (3) engineer hours per U.S. business day and 24/7 critical‑issue cover.
- Fixed‑Price Projects – work defined in a mutually‑signed proposal, quotation, or statement of work ("SOW").
- Consulting & Audits – code reviews, performance assessments, architecture advice, or similar one‑off engagements.
We may update, expand, limit, or discontinue Services at any time, with reasonable notice to active Clients when material changes apply.
3. Eligibility & Account Security
You represent that you are at least 18 years old and have authority to enter into these Terms on behalf of yourself or the entity you represent. You are responsible for safeguarding your credentials and for all activity that occurs under your account.
4. Fees, Billing & Payment
| Item | Amount | Timing |
|---|---|---|
| Introductory month | US $1,499 | Due in advance upon subscription. |
| Subsequent months | US $2,499 | Charged automatically every 30 days thereafter. |
| Additional work | Quoted separately | When daily 3‑hour window is exceeded or for weekend feature work. |
We accept payment via PayPal Subscription, Stripe, or ACH. You authorise us to auto‑charge recurring fees until you cancel.
7-Day Satisfaction Guarantee. We offer a 7-day satisfaction guarantee. If we fail to deliver the results you expected within the first 7 days of your month, we'll provide a full refund. After 7 days, payments are non-refundable as we reserve engineer capacity exclusively for your store. You can cancel any future month before it renews.
Late invoices accrue 1.5% interest per month, or the maximum rate permitted by law.
5. Service Levels
Daily Capacity – Up to 3 engineer hours per U.S. business day (≈ 60 h per 30‑day cycle). Unused hours roll forward only within that cycle.
Critical‑Issue Response – We acknowledge production‑blocking issues within 60 minutes, 24/7, and commence remediation promptly.
Service levels are targets, not guarantees. See § 12 for disclaimers.
6. Client Responsibilities
- Provide timely access to hosting, repositories, staging environments, credentials, third‑party services, and any required licences.
- Supply clear written requirements, assets, and approvals.
- Maintain up‑to‑date backups; NIXO is not liable for data loss originating outside our control.
Delays or additional costs arising from unmet responsibilities remain your obligation.
7. Acceptable Use & Compliance
You may not use the Services to create, host, or transmit content that is unlawful, infringing, defamatory, or otherwise objectionable. We reserve the right to suspend or terminate Services for violations of this section.
8. Intellectual Property
Client Materials – You retain all rights to data, trademarks, content, and code you provide.
Work Product – Upon full payment, you receive a non‑exclusive, perpetual, worldwide licence to use, modify, and distribute deliverables solely in connection with your business.
NIXO Tools – Proprietary frameworks, scripts, and know‑how remain our IP; we grant you a royalty‑free licence to use any embedded components as part of the Work Product.
9. Confidentiality
Each party agrees to protect the other's Confidential Information with the same care it uses for its own (but no less than reasonable care) and to use it only for performing or receiving the Services. Obligations survive three (3) years after termination, except trade secrets, which remain protected as long as they constitute trade secrets under applicable law.
10. Data Protection & Privacy
Both parties will comply with applicable data‑protection laws, including GDPR and CCPA where relevant. Our Privacy Policy (incorporated by reference) explains how we collect, use, and safeguard personal data.
11. Third‑Party Services
Where Services rely on third‑party APIs, plugins, hosting, or SaaS tools, you are responsible for procuring and maintaining valid licences. We are not liable for downtime, bugs, or breaches attributable to third‑party services.
12. Warranties & Disclaimers
THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIXO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT CODE WILL BE ERROR‑FREE OR THAT THE SERVICES WILL BE UNINTERRUPTED OR SECURE.
13. Limitation of Liability
To the fullest extent permitted by law, NIXO's total cumulative liability for any claim arising out of or relating to these Terms or the Services will not exceed the fees you paid to us in the three (3) months preceding the event giving rise to liability. We are not liable for indirect, incidental, special, consequential, or punitive damages (including lost profits, revenue, or data), even if advised of the possibility.
14. Indemnification
You agree to defend, indemnify, and hold harmless NIXO, its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of (i) your breach of these Terms; (ii) your content or instructions; or (iii) your violation of any law or third‑party right.
15. Term & Termination
These Terms commence on your first use of the Site or Services and continue until terminated.
- Either party may terminate the subscription effective at the end of the current billing cycle.
- Either party may terminate immediately for material breach not cured within fourteen (14) days' written notice.
Upon termination, accrued but unpaid fees become immediately due; fees already paid are subject to our 7-day satisfaction guarantee policy outlined in § 4.
16. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict‑of‑law principles. Any dispute shall be resolved by binding arbitration under the rules of the American Arbitration Association, conducted in Sheridan County, Wyoming. Notwithstanding the foregoing, either party may seek injunctive relief in any competent court for IP or confidentiality breaches.
17. Changes to Terms
We may revise these Terms at any time. Updated Terms will be posted on the Site and, for material changes, delivered via email to active Clients. Continued use of the Services after changes become effective constitutes acceptance.
18. Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or successor without notice.
19. Entire Agreement & Severability
These Terms, together with any signed SOW or quotation, constitute the entire agreement between the parties and supersede all prior proposals or communications. If any provision is held unenforceable, the remainder of the Terms will remain in full force and effect.
20. Contact Information
If you have questions about these Terms:
By using our Site or Services, you acknowledge that you have read and understood these Terms of Service.