Terms of Services
These Terms govern your use of Xpertech Solution LLC services. Please read them carefully before engaging with us.
1. About Xpertech Solution LLC
Xpertech Solution LLC ("Xpertech", "we", "our", or "us") is a digital technology services company registered in Stockton, California, USA. We provide services including but not limited to: web design and development, search engine optimization (SEO), Google Ads management, Facebook advertising, social media marketing, software consultation, email setup, VoIP services, graphic design, video editing, computer services, and printer support.
2. Services & Scope of Work
All services provided by Xpertech are defined by mutual agreement between Xpertech and the client prior to commencement of work. The scope of work includes:
- Services explicitly agreed upon in written or verbal communication
- Deliverables described in project proposals, quotes, or service descriptions
- Revisions within the agreed scope (additional work may incur additional fees)
Xpertech reserves the right to decline any project or service request at its sole discretion.
3. Client Responsibilities
To enable Xpertech to perform services effectively, the client agrees to:
- Provide accurate, complete, and timely information, materials, and access required for the project.
- Respond to communication within a reasonable timeframe to avoid project delays.
- Ensure that materials provided (text, images, logos, data) do not infringe upon any third-party intellectual property rights.
- Obtain any necessary licenses, permissions, or approvals for third-party content used in the project.
- Review and provide feedback on deliverables within the agreed timeframe.
Delays caused by the client's failure to provide required materials or approvals are not the responsibility of Xpertech.
4. Payment Terms
4.1 Pay After Delivery
Under our standard Pay After Delivery policy, payment is due after the client has reviewed and approved the completed deliverable. We will provide clear payment instructions at time of delivery.
4.2 Retainer & Subscription Services
For ongoing services (e.g., monthly SEO, Google Ads management, social media management), payment terms are agreed upon separately. These may include monthly billing cycles billed in advance or in arrears as specified in the service agreement.
4.3 Third-Party Costs
The client is responsible for all third-party costs associated with their project, including:
- Google Ads / Facebook Ads budgets (billed directly by the platform)
- Domain registration and hosting fees
- Software licenses (Google Workspace, Microsoft 365, QuickBooks, etc.)
- Stock photography or premium fonts
These costs are not included in Xpertech's service fees unless explicitly stated.
4.4 Late Payment
Xpertech reserves the right to suspend or terminate services for accounts with overdue balances. Continued non-payment may result in legal action to recover owed amounts plus applicable costs.
5. Revisions & Changes
Revisions within the originally agreed scope are included in the project. Requests that expand the agreed scope (additional pages, features, campaigns, or redesigns) may be subject to additional fees, which will be communicated and agreed upon before work begins.
Revision requests must be submitted within 7 days of delivery. After this period, additional revision work may be billed separately.
6. Intellectual Property
6.1 Client Ownership
Upon full payment, the client owns all final deliverables created specifically for them, including website design files, ad creative, and graphic design assets.
6.2 Xpertech IP
Xpertech retains ownership of all pre-existing tools, frameworks, code libraries, templates, and proprietary processes used to deliver services. These are licensed (not sold) to the client for use within the delivered project.
6.3 Portfolio Rights
Xpertech reserves the right to display completed work in our portfolio and marketing materials unless the client requests confidentiality in writing prior to project commencement.
7. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the engagement. This includes:
- Business strategies, financial information, and internal processes
- Login credentials and account access information
- Client data and customer information
Xpertech will not disclose client information to third parties except as required by law or as necessary to deliver the agreed service.
8. Results & Guarantees
9. Warranties & Representations
Xpertech warrants that:
- Services will be performed in a professional and workmanlike manner.
- Deliverables will conform to the agreed specifications and scope.
- We have the right to provide the services described.
The client warrants that:
- They have the authority to enter into this agreement.
- Materials provided do not infringe any third-party rights.
- They will use Xpertech's services in compliance with all applicable laws.
10. Limitation of Liability
To the maximum extent permitted by law, Xpertech Solution LLC shall not be liable for:
- Indirect, incidental, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Damages resulting from third-party platform changes (Google, Facebook, etc.)
- Damages resulting from client-provided inaccurate or incomplete information
Our total liability to you for any claim arising from our services shall not exceed the total amount paid by you to Xpertech for the specific service giving rise to the claim.
11. Termination
Either party may terminate the service engagement with written notice. Upon termination:
- The client is responsible for payment of all work completed up to the termination date.
- Xpertech will provide all completed deliverables and relevant files in the client's possession.
- Xpertech will remove access to any client accounts or systems within 5 business days.
Xpertech reserves the right to terminate services immediately if the client violates these Terms, engages in unethical or illegal activity, or fails to make payment.
12. Governing Law
These Terms of Services are governed by the laws of the State of California, USA. Any disputes arising from these terms shall be resolved in the courts of San Joaquin County, California, unless otherwise agreed in writing.
13. Dispute Resolution
Before initiating any formal legal proceedings, both parties agree to first attempt to resolve disputes through good-faith negotiation. If direct negotiation fails, the parties may seek mediation before pursuing litigation.
14. Entire Agreement
These Terms of Services, together with any project-specific agreements, proposals, or statements of work, constitute the entire agreement between you and Xpertech Solution LLC. They supersede all prior discussions, representations, or agreements relating to the subject matter.
15. Amendments
Xpertech reserves the right to modify these Terms at any time. Changes will be posted on our website with an updated date. Your continued use of our services after changes constitutes acceptance of the revised Terms.
16. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
17. Contact Us
Monday–Friday, 9 AM–6 PM EST.
Xpertech Solution LLC | Stockton, CA 95219