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Terms of Service

Last Updated: February 2026

Welcome to Apex Digital ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, client portal, and web design services. By accessing or using our services, you agree to be bound by these Terms.

1. Services

Apex Digital provides web design, development, and related digital services. Our services include but are not limited to:

• Website design and development
• Web application development
• E-commerce solutions
• Brand and design systems
• Client portal access for file sharing

2. Client Accounts

When you create a client account, you agree to:

• Provide accurate, current, and complete information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms.

3. Intellectual Property

Our Work: Upon full payment, clients receive ownership rights to final deliverables specifically created for their project. We retain the right to showcase work in our portfolio unless otherwise agreed.

Client Materials: You retain ownership of all materials you provide to us (logos, content, images). You grant us a license to use these materials solely for completing your project.

Third-Party Assets: Any third-party assets (fonts, stock images, plugins) are subject to their respective licenses.

4. Payment Terms

• A deposit of 50% is required before work begins
• Final payment is due upon project completion, before final files are delivered
• All payments are non-refundable once work has commenced
• Late payments may result in project suspension and additional fees

5. Project Process

• Timelines are estimates and may vary based on client feedback and revisions
• We allow up to 2 rounds of revisions per project phase
• Additional revisions may incur extra charges
• Client delays in providing feedback or materials may extend project timelines

6. Client Responsibilities

You agree to:

• Provide timely feedback and approvals
• Supply all necessary content and materials
• Ensure you have rights to all materials provided
• Not upload malicious files or content
• Use the client portal only for legitimate business purposes

7. File Uploads and Storage

Through our client portal, you may upload files. You agree that:

• You will not upload illegal, harmful, or copyrighted content you don't own
• Files are stored securely but we are not a backup service
• We may remove files that violate these Terms
• Maximum file size is 100MB per upload

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY ARKANSAS LAW:

• Our total liability shall not exceed the amount paid for the specific service in question
• We are not liable for indirect, incidental, special, or consequential damages
• We are not responsible for third-party hosting issues, domain registrar problems, or external service failures
• We do not guarantee specific business outcomes from our services

9. Indemnification

You agree to indemnify and hold harmless Apex Digital, its owners, employees, and contractors from any claims, damages, or expenses arising from:

• Your use of our services
• Content you provide
• Your violation of these Terms
• Your violation of any third-party rights

10. Confidentiality

Both parties agree to keep confidential any proprietary information shared during the project. This does not apply to information that is publicly available or independently developed.

11. Termination

Either party may terminate the agreement with written notice. Upon termination:

• Client pays for all work completed to date
• We deliver all completed work upon payment
• Client portal access may be revoked

12. Dispute Resolution

Any disputes arising from these Terms shall be:

• First attempted to be resolved through good-faith negotiation
• Governed by the laws of the State of Arkansas
• Subject to the exclusive jurisdiction of courts in Arkansas

13. Changes to Terms

We may update these Terms at any time. Continued use of our services after changes constitutes acceptance of the new Terms. We will notify active clients of significant changes.

14. Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.

15. Contact

For questions about these Terms, contact us at:

Email: andrew@apexdigitalagency.net