terms of service.

1. Agreement & Acceptance

Welcome to Modern X Webs ("Agency", "we", "us", or "our"). Modern X Webs operates the website modernxwebs.com and delivers professional digital design, engineering, and performance growth services to corporate, entrepreneurial, and individual clients worldwide.

By accessing or utilizing our website, scheduling a strategy discovery session, executing a proposal, or remitting payment for our services, you ("Client" or "User") agree to be bound by these Terms of Service ("Terms"). If you represent a legal corporate entity, you represent and warrant that you possess the requisite authority to bind that entity to these Terms.

2. Agency Services & Deliverables

Modern X Webs unites design, software engineering, and customer acquisition into four core service pillars:

• Web Development: High-performance bespoke websites, progressive web applications, headless CMS builds, interactive three-dimensional / canvas experiences, API integrations, and code optimization.
• Performance Ads: Paid media strategy, multi-channel advertising campaign setup, conversion rate optimization (CRO), creative asset production, audience segmentation, and analytics attribution across Google, Meta, and partner ad networks.
• Brand Identity: Comprehensive visual systems, vector logotypes, typographic styling, color tokens, brand guidelines, digital asset kits, and design collateral.
• Technical SEO: Core Web Vitals optimization, semantic markup structure, crawl budget optimization, indexation auditing, speed enhancements, and metadata architecture.

3. Consultations & Project Scoping

Prospective clients may request a direct strategy discovery session via our online booking module (/book). Scheduling a consultation does not obligate Modern X Webs to take on a project, nor does it create a binding partnership.

Prior to commencing work, Modern X Webs and the Client will establish an agreed Statement of Work (SOW), formal quotation, or written project brief detailing the project deliverables, specifications, estimated timelines, and milestone fee schedule. Any modifications or expansions to project scope requested by the Client after kickoff are subject to supplementary scope estimates and approval.

4. Commercial Fees & Payment Schedule

Client engagements are structured under two standard models:

A. Fixed-Scope Milestone Engagements

Fixed-scope design and development contracts are partitioned into clear project milestones (e.g., initial kickoff deposit, design review approval, engineering completion, and final pre-launch DNS pointing/code handover). Invoices are due upon receipt or within seven (7) calendar days of issuance unless otherwise stipulated in writing.

B. Monthly Retainer & Growth Engagements

Retainers for ongoing development, SEO maintenance, or paid advertising management are billed in advance on a recurring monthly cycle. Retainers reserve dedicated senior engineering and design bandwidth exclusively for your brand.

5. Refund & Cancellation Policy

Due to the bespoke, creative, and resource-intensive nature of custom web engineering, brand identity design, and marketing campaign architecture, our refund and cancellation policy operates strictly on a Milestone & Retainer model:

Suspension for Overdue Invoices: If an invoice remains unpaid beyond fourteen (14) calendar days past the due date, Modern X Webs reserves the unilateral right to suspend active development, pause ad campaign management, and withhold project deliverables until accounts are brought current.

6. Client Obligations & Asset Timelines

Timely and successful project completion requires active client collaboration. The Client agrees to:

• Furnish high-resolution branding assets, vector logos, copy, photography, API credentials, domain DNS access, and ad account permissions in an expeditious manner.
• Designate a single authorized project point of contact with decision-making and approval authority.
• Provide milestone feedback and design approvals within five (5) business days of deliverable submission. Client delays exceeding ten (10) consecutive business days automatically shift scheduled delivery deadlines.
• Warrant that all materials, media, copy, and trademarks supplied to Modern X Webs are owned by the Client or legally licensed for use without infringing upon third-party copyrights.

7. Intellectual Property & Code Ownership

A. Client Ownership of Final Deliverables

Upon complete and final settlement of all outstanding milestone invoices and contractual fees, Modern X Webs transfers full intellectual property ownership, copyright, and title to the custom visual designs, customized application source code, and bespoke brand assets generated specifically for the Client under the applicable Statement of Work.

B. Agency Pre-Existing Materials & Tooling

Modern X Webs retains all rights, title, and interest in and to our pre-existing proprietary methodologies, starter boilerplates, internal workflow scripts, animation utilities, and design frameworks ("Agency Tooling"). To the extent Agency Tooling is incorporated into client deliverables, Modern X Webs grants the Client a perpetual, royalty-free, non-exclusive license to use, maintain, and execute such tooling solely as integrated into the final deliverable.

C. Open-Source Software

Deliverables may incorporate open-source libraries (e.g., Astro, React, Tailwind CSS, TypeScript, Lenis). Such components remain subject to their respective open-source licenses (MIT, Apache 2.0, BSD).

8. Showcase & Portfolio Usage

Modern X Webs takes pride in crafting industry-defining digital experiences. Unless an explicit, signed Non-Disclosure Agreement (NDA) or custom contract amendment stipulates otherwise, Modern X Webs reserves the right to:

• Feature completed client websites, user interfaces, branding assets, and project visuals in our curated portfolio (/work), agency case studies, pitch decks, and social channels.
• Include a subtle, elegant credits link in website footers (e.g., "Crafted by Modern X Webs" or wordmark) where agreed upon in project specifications.
• Display client logotypes as proof of partnership in our client roster and marketing materials.

9. Performance Ads & SEO Disclaimers

Digital advertising and search rankings are inherently dictated by third-party platforms (Google, Meta, TikTok, Apple) and real-time market dynamics. Algorithm revisions, ad account reviews, bidding auctions, competitor actions, and consumer demand lie outside our direct control. The Client maintains sole financial responsibility for ad spend disbursed to third-party ad networks.

10. Warranties & Limitation of Liability

Professional Standard: Modern X Webs warrants that all services will be executed in a professional, workmanlike manner in conformity with accepted industry software and design practices.

As-Is Website Operation: Our website and free materials are provided on an "as is" and "as available" basis without warranties of any kind. We do not warrant that website functionality will be uninterrupted, error-free, or compatible with obsolete legacy browsers.

Limitation of Liability: To the maximum extent permitted by applicable Indian law, in no event shall Modern X Webs, its founders, officers, employees, or contractors be liable for any indirect, incidental, special, exemplary, or consequential damages (including loss of business profits, loss of data, loss of business reputation, or commercial interruption), even if advised of the possibility of such damages.

Aggregate Cap: Modern X Webs' total cumulative liability arising out of or related to any client engagement or website interaction, whether in contract, tort, or otherwise, shall be strictly capped at the total monetary fees actually received by Modern X Webs from the Client for the specific project milestone or service giving rise to the claim during the three (3) months immediately preceding the event.

11. Indemnification

The Client agrees to defend, indemnify, and hold harmless Modern X Webs, its principals, and affiliates from and against any third-party claims, liabilities, damages, losses, or legal expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) any materials, copy, images, or assets provided by the Client that infringe upon intellectual property, privacy, or proprietary rights; (b) the Client's breach of these Terms; or (c) the Client's business offerings, products, or customer relationships.

12. Confidentiality & Non-Disclosure

During project consultations and client engagements, either party may disclose proprietary, technical, or business information ("Confidential Information"). Both Modern X Webs and the Client agree to maintain the strict confidentiality of such information with the same degree of care used to protect their own sensitive assets (not less than reasonable care).

Confidential Information does not include information that: (a) becomes publicly known through no breach of this agreement; (b) is already in the recipient's possession without restriction; or (c) is independently developed without reference to the disclosing party's data.

13. Governing Law & Dispute Resolution

These Terms, all client engagements, and any disputes arising out of or relating to Modern X Webs shall be governed by, interpreted, and enforced in accordance with the substantive laws of India, without giving effect to any principles of conflicts of law.

Amicable Negotiation: In the event of any controversy, claim, or dispute, the parties agree to first attempt in good faith to resolve the matter through direct senior executive discussions for a minimum period of thirty (30) calendar days.

Exclusive Jurisdiction: If amicable resolution fails, the competent courts situated in India shall possess exclusive territorial and subject-matter jurisdiction to adjudicate any legal proceedings, dispute, or enforcement arising hereunder.

14. Modifications & Agency Contact

Modern X Webs reserves the right to modify these Terms of Service at our discretion. Notice of substantial revisions will be indicated through the "Last Updated" timestamp at the top of this document. Continued engagement with our agency or continued use of modernxwebs.com following updates signifies agreement to the revised Terms.