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Terms of Service

The legal agreement between you and EPS Web Services governing the use of our website and services.

Last Updated: January 1, 2025  |  Governing Law: State of Texas, USA  |  Company: EPS Web Services

These Terms of Service ("Terms") govern your use of the website at print.epsprinterwifi.store and any services provided by EPS Web Services ("Company," "we," "us," or "our"). By accessing our Site or engaging our services, you agree to be bound by these Terms. If you do not agree, do not use our Site or services.

1. Services

EPS Web Services provides web design, web development, e-commerce development, search engine optimization, branding, website maintenance, and related digital services. The specific scope, deliverables, timeline, and fees for any project will be defined in a separate Project Agreement or Statement of Work ("SOW") signed by both parties. These Terms govern all such engagements unless superseded by a specific agreement.

2. Eligibility

You must be at least 18 years old and capable of entering into legally binding contracts under applicable law to use our services. By using our services, you represent that you meet these requirements. If you are entering into these Terms on behalf of a business, you represent that you have the authority to bind that business.

3. Client Responsibilities

To enable us to deliver services effectively, you agree to:

4. Payment Terms

5. Intellectual Property

5.1 Ownership Upon Payment

Upon receipt of full payment for a project, EPS Web Services assigns to you all rights, title, and interest in the custom design and code created specifically for your project, including source files and related materials, except as noted below.

5.2 Retained Rights

EPS Web Services retains: (a) rights to any pre-existing tools, frameworks, libraries, and proprietary methodologies incorporated into your project (you receive a perpetual license to use them as part of your delivered project); (b) the right to display completed work in our portfolio; and (c) rights to any third-party software, themes, plugins, or assets licensed from other parties (your use is subject to those third-party licenses).

5.3 Client-Provided Materials

You retain ownership of all content, logos, images, and other materials you provide to us. You grant us a license to use such materials solely for delivering your project.

6. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement ("Confidential Information") and not to disclose it to third parties without the other party's written consent. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

7. Revisions and Scope

Each Project Agreement specifies the number of revision rounds included. Requests for revisions beyond the agreed scope, or changes to the original brief, may be subject to additional fees. We will always notify you in writing before proceeding with out-of-scope work. Major scope changes may require a revised Project Agreement.

8. Third-Party Services

Projects may incorporate third-party services, platforms, plugins, or APIs (e.g., WordPress, Shopify, Stripe, Google services). Your use of these third-party services is subject to their respective terms and conditions. EPS Web Services is not responsible for downtime, policy changes, or discontinuation of third-party services.

9. Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. We do not warrant that our work will be error-free, uninterrupted, or that your website will achieve specific search engine rankings, conversion rates, or business results. THE SITE AND SERVICES ARE PROVIDED "AS IS" TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EPS WEB SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless EPS Web Services and its officers, employees, agents, and contractors from any claims, damages, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of our services or Site; (b) materials you provide to us that infringe third-party rights; (c) your violation of these Terms; or (d) your violation of any applicable law.

12. Termination

Either party may terminate a project engagement with 14 days written notice. Upon termination: (a) you owe payment for all work completed to the termination date; (b) we will deliver all completed work product upon receipt of payment; (c) the deposit is non-refundable. We may immediately terminate for non-payment or breach of these Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any dispute arising from these Terms shall first be subject to good-faith negotiation. If unresolved after 30 days, disputes shall be settled by binding arbitration in Austin, Texas under the rules of the American Arbitration Association. YOU WAIVE ANY RIGHT TO A JURY TRIAL OR CLASS ACTION.

14. Force Majeure

Neither party shall be liable for delays or failures in performance caused by circumstances beyond their reasonable control, including natural disasters, acts of government, pandemics, or internet outages.

15. Changes to Terms

We reserve the right to update these Terms at any time. Updated Terms will be posted on this page with a revised "Last Updated" date. Continued use of our Site or services after changes constitutes acceptance of the updated Terms.

16. Contact

Legal inquiries: legal@epsprinterwifi.store | EPS Web Services, 1234 Digital Ave, Suite 400, Austin, TX 78701