Legal
The framework for how we work together: what we deliver, what we need from you, and how either side can end the relationship.
At a glance
Project-specific terms live in the statement of work, which takes precedence on scope, timeline and cost.
01
By accessing and using XynSol’s website (xynsol.com) and services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by the above, please do not use this service.
These terms apply to all visitors, users, and others who access or use our services, including but not limited to software development, web development, automation, and IT consulting services.
02
For the purposes of these Terms and Conditions:
03
XynSol provides the following services:
Specific services, deliverables, timelines, and costs will be detailed in separate project agreements or statements of work.
04
Late payments may incur a 1.5% monthly service charge. Services may be suspended for accounts over 60 days past due. Client remains responsible for all collection costs and reasonable attorney fees.
Deposits are non-refundable once work has commenced. Refunds for completed work will be considered on a case-by-case basis and are subject to our sole discretion.
05
Upon full payment, clients retain ownership of custom-developed code, designs, and content specifically created for their project, excluding any pre-existing XynSol intellectual property or third-party components.
XynSol retains rights to our methodologies, processes, general knowledge, and any pre-existing intellectual property. We reserve the right to use general knowledge gained from projects for future work.
Projects may include third-party software, plugins, or frameworks subject to their respective licenses. Client is responsible for compliance with all third-party license terms.
06
Clients agree to:
07
Project timelines are estimates based on the agreed scope of work. Actual completion times may vary due to project complexity, client responsiveness, or unforeseen technical challenges.
Any changes to the original project scope must be documented in writing and may result in additional costs and timeline adjustments. We will provide estimates for additional work before proceeding.
Delays caused by client non-responsiveness, late feedback, or failure to provide required materials may result in project timeline extensions and potential additional costs.
08
We warrant that our services will be performed with professional skill and care. We provide a 30-day warranty on deliverables to function as specified, provided no modifications have been made by third parties.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, OUR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We are not responsible for the performance, availability, or security of third-party services, platforms, or hosting providers.
09
IN NO EVENT SHALL XYNSOL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO XYNSOL FOR THE SPECIFIC PROJECT OR SERVICE GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
10
Both parties agree to maintain confidentiality of proprietary information shared during the course of the business relationship. This includes but is not limited to:
This confidentiality obligation survives termination of our business relationship and continues for a period of three (3) years.
11
Clients may terminate services with 30 days written notice. Client remains responsible for all work completed and costs incurred up to the termination date.
We may terminate services immediately for non-payment, breach of terms, or if we determine that continuing the relationship is not in our best interest.
Upon termination, we will provide completed deliverables upon receipt of all outstanding payments. Access to ongoing services will be discontinued.
12
Neither party shall be liable for any failure or delay in performance under this Agreement which is due to an event beyond the reasonable control of such party, including but not limited to fire, flood, earthquake, pandemic, governmental action, war, terrorism, or network/internet failures.
13
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles.
Any disputes arising from these terms or our services shall be resolved through binding arbitration in Dallas County, Texas, in accordance with the rules of the American Arbitration Association.
14
XynSol reserves the right to modify these Terms and Conditions at any time. We will notify clients of material changes via email or website announcement at least 30 days before the changes take effect.
Continued use of our services after the effective date of any changes constitutes acceptance of the revised terms.
15
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining terms will remain in full force and effect.
16
These Terms and Conditions, together with any signed project agreements or statements of work, constitute the entire agreement between XynSol and the Client and supersede all prior negotiations, representations, or agreements relating to the subject matter.
17
If you have any questions about these Terms and Conditions, please contact us:
Questions about any clause above: solutions@xynsol.com.