XIMPLY

Project terms

# Terms of Service – Ximply


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**Effective Date:** October 1, 2026
**Last Updated:** October 1, 2026
**Website:** https://ximply.shop
**Business:** Ximply – Web Design Services
**Contact:** contact@ximply.shop

## 1. Agreement

These Terms of Service ("Terms") govern your use of Ximply.shop and web design services provided by Ximply ("we," "us," "our"). By using our website or purchasing services, you agree to these Terms.

If you do not agree, do not use our site or services.

## 2. Services

Ximply provides web design, redesign, graphic design, development, and related services including layout, copy placement, basic SEO setup, and launch support.

Specific deliverables, timelines, fees, and revisions are defined in each proposal, quote, or statement of work. The proposal controls if it conflicts with these Terms.

We may subcontract or use third-party tools to complete work without altering our responsibility to you.

## 3. Quotes, Orders, and Payments

1. Quotes are valid for 30 days unless stated otherwise.
2. A 50% deposit is typically required to start work, with balance due before launch/handover unless otherwise agreed.
3. All fees are in USD unless specified. Late payments may incur 1.5% per month or the maximum allowed by law.
4. You are responsible for third-party costs (hosting, domains, stock assets, plugins, fonts) unless included in the proposal.
5. Chargebacks or payment disputes without prior notice are a breach of these Terms.

## 4. Client Responsibilities

You agree to:
- Provide content, images, logins, and feedback in a timely manner
- Own or have rights to all materials you provide
- Review deliverables and provide consolidated feedback within 7 days of each draft unless otherwise agreed
- Maintain backups of your data

Delays caused by late content or feedback may extend timelines and incur additional fees.

## 5. Revisions and Changes

Each project includes the number of revision rounds stated in the proposal (default: 2 rounds). Additional revisions, scope changes, or work after approval are billed at our current hourly rate.

We will notify you before performing out-of-scope billable work when reasonably possible.

## 6. Timelines

Timelines are estimates. We are not liable for delays caused by you, third parties, or force majeure. Time is not of the essence unless expressly agreed in writing.

## 7. Intellectual Property

1. **Client materials:** You retain ownership of your pre-existing trademarks, content, and materials.
2. **Final deliverables:** Upon receipt of full final payment, we assign to you ownership of the final approved design deliverables, excluding our pre-existing tools, libraries, processes, and know-how.
3. **Our tools:** We retain ownership of templates, code frameworks, processes, and know-how and grant you a non-exclusive license to use them as part of the final deliverables.
4. **Portfolio rights:** We may display completed work in our portfolio, case studies, and marketing unless you opt out in writing before final delivery.
5. **Third-party assets:** Licensed assets (themes, plugins, stock, fonts) remain subject to their licensors' terms.

## 8. Website Maintenance and Support

Unless covered by a separate maintenance plan, we provide 14 days of bug-fix support after launch for issues caused by our work. This excludes issues caused by client edits, third-party updates, hosting, or misuse.

Ongoing maintenance, updates, and backups require a separate agreement.

## 9. Acceptable Use of Website

You agree not to:
- Misuse Ximply.shop, attempt unauthorized access, or disrupt operation
- Submit false, infringing, or unlawful content via forms
- Copy or scrape site content without permission

## 10. Warranties and Disclaimer

Services are provided "as is." To the maximum extent permitted by law, we disclaim all implied warranties including merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee rankings, traffic, sales, or specific business results.

## 11. Limitation of Liability

To the maximum extent permitted by law:
- Our total liability for any claim is limited to the amount paid for the specific project giving rise to the claim.
- We are not liable for indirect, incidental, consequential, special, or punitive damages, or loss of profits, data, or business.

Some states do not allow these limitations, so they may not apply to you.

## 12. Indemnification

You agree to indemnify Ximply against claims arising from your content, misuse of deliverables, or breach of these Terms.

## 13. Termination and Cancellation

Either party may terminate a project with 14 days written notice. You pay for work completed through termination plus non-recoverable costs. Deposits are non-refundable once work has started.

We may suspend work for non-payment or breach after 7 days notice.

Upon termination, unpaid deliverables remain our property.

## 14. Confidentiality

Each party will keep confidential non-public information received from the other and use it only for the project, except as required by law.

## 15. Governing Law

These Terms are governed by the laws of the United States and the state of Ohio, without regard to conflict of law rules.

## 16. Changes

We may update these Terms by posting a revised version on Ximply.shop. Continued use after changes constitutes acceptance. Project-specific proposals signed before a change are governed by the Terms in effect at signing.

## 17. Contact

**Ximply**
Website: https://ximply.shop
Email: contact@ximply.shop