Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and MoonFactory X ("MoonFactory," "we," "us," or "our") governing your use of our website, services, and deliverables.

By engaging our services, submitting a project inquiry, or accessing our website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or organization, you represent that you have the authority to bind that entity.

We reserve the right to modify these Terms at any time. Material changes will be communicated to active clients. Continued use of our services after modifications constitutes acceptance of the updated Terms.

2. Services Description

MoonFactory provides creative and technical services including, but not limited to:

• Web design and development
• Graphic design and branding
• White-label services for agencies
• Managed WordPress hosting and maintenance
• Content creation and copywriting
• E-commerce development
• UI/UX design

Specific services, deliverables, timelines, and pricing are defined in individual project proposals or service agreements provided to each client.

Managed WordPress Services

Our managed WordPress plans include hosting, maintenance, security monitoring, and support as detailed in the selected plan. Service levels, response times, and included features vary by plan tier. Specific terms for managed services are outlined in the service agreement provided upon signup.

3. Client Responsibilities

To ensure successful project delivery, you agree to:

• Provide Materials: Supply all necessary content, assets, logos, images, copy, and access credentials in a timely manner
• Timely Feedback: Respond to requests for approval, feedback, or information within agreed timeframes
• Accurate Information: Ensure all provided information is accurate, complete, and does not infringe on third-party rights
• Single Point of Contact: Designate a primary contact person authorized to provide feedback and approvals
• Legal Compliance: Ensure your business, products, and requested content comply with all applicable laws

Delays caused by failure to meet these responsibilities may result in extended timelines or additional charges.

4. Payment Terms

Project-Based Work

• A deposit of 50% is required before work begins unless otherwise agreed
• Remaining balance is due upon project completion, before final files are delivered
• For larger projects, milestone-based payments may be arranged

Managed Services

• Subscription fees are billed monthly in advance
• Payment is due upon receipt of invoice
• Services may be suspended for overdue accounts exceeding 15 days

General Terms

• All prices are in USD unless otherwise specified
• Late payments may incur a 1.5% monthly interest charge
• Additional work outside the original scope requires written approval and may incur additional charges
• Refunds are provided at our discretion and only for work not yet performed

5. Intellectual Property

Ownership Transfer

Upon receipt of full payment, ownership of final deliverables transfers to you, except for:

• Third-party assets (stock photos, fonts, plugins) which remain subject to their respective licenses
• MoonFactory's pre-existing tools, code libraries, and frameworks
• Work product for which payment has not been received in full

Portfolio Rights

Unless a white-label or NDA arrangement is in place, MoonFactory retains the right to display completed work in our portfolio and marketing materials.

White-Label Work

For white-label projects, MoonFactory waives attribution rights. The agency client may present deliverables as their own work product. This does not affect ownership of our underlying tools and processes.

Third-Party Licenses

You are responsible for maintaining any required licenses for third-party assets used in your project (fonts, stock images, plugins, etc.). We will provide documentation of licenses used.

6. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of the engagement. This includes, but is not limited to:

• Business strategies and plans
• Client lists and customer data
• Pricing and financial information
• Technical processes and methodologies
• Unpublished work and concepts

For projects requiring enhanced confidentiality, we offer a formal Mutual Non-Disclosure Agreement.

7. Warranties & Disclaimers

Our Warranties

We warrant that:

• Services will be performed professionally and in accordance with industry standards
• Deliverables will substantially conform to agreed specifications
• To our knowledge, original work created by us will not infringe on third-party intellectual property rights

Disclaimers

We do not warrant:

• Specific business results, traffic levels, or conversion rates
• Compatibility with all browsers, devices, or future technologies
• Uninterrupted or error-free operation of websites or applications
• Results from third-party services, hosting providers, or platforms

EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• MoonFactory's total liability for any claim arising from or related to these Terms or our services shall not exceed the total amount paid by you for the specific project or service giving rise to the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill
• We are not liable for damages resulting from circumstances beyond our reasonable control, including third-party service failures, internet outages, or force majeure events

9. Termination

By Client

You may terminate a project at any time with written notice. Upon termination:

• Payment is due for all work completed up to the termination date
• Deposits for unperformed work may be refunded at our discretion
• Partial deliverables may be provided upon request and full payment

By MoonFactory

We reserve the right to terminate services if:

• Payment is not received within 30 days of due date
• Client fails to provide necessary materials after repeated requests
• Client requests work that violates our policies or applicable laws
• The professional relationship becomes untenable

Managed Services Termination

Either party may cancel managed service subscriptions with 30 days written notice. Upon cancellation, we will provide a complete backup of your website and facilitate migration to your chosen provider.

10. Indemnification

You agree to indemnify, defend, and hold harmless MoonFactory and its owners, employees, and contractors from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your breach of these Terms
• Content or materials you provide that infringe on third-party rights
• Your use of deliverables in violation of applicable laws
• Claims by your end users or customers

11. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

Any disputes arising from these Terms or our services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in the State of Florida, in accordance with the rules of the American Arbitration Association.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. Contact Information

For questions about these Terms or our services, please contact us:

Legal Disclaimer: These Terms of Service are provided for general informational purposes. For specific legal advice regarding your situation, please consult with a qualified attorney.