Legal

Terms & Conditions

Acutix Marketing — Windsor, Colorado — Effective March 2025

Please read these Terms and Conditions carefully before using acutixmarketing.com or submitting any service request. By accessing our website or submitting a form, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree, please do not use this website or submit any requests.

1. Acceptance of Terms

By accessing or using acutixmarketing.com, or by submitting any form, inquiry, or request for services, you agree to these Terms and Conditions in full. These terms apply to all visitors, users, and anyone who submits information through our website. Acutix Marketing reserves the right to modify these terms at any time without prior notice. Continued use of the website after any modification constitutes your acceptance of the revised terms.

2. Free Preview Service

Acutix Marketing offers a complimentary website preview service through which we design a custom website concept for prospective clients. The following terms apply to this service:

  • Nature of the Preview: The free website preview is a design concept or mockup only. It is not a final deliverable, a functioning website, or a commitment to deliver any particular product or service. It is provided solely as an illustrative representation of what a finished website might look like.
  • Right to Refuse: Acutix Marketing reserves the right to refuse, decline, or cancel any free preview request, at any time, for any reason, without obligation to provide an explanation. Submission of a request does not guarantee delivery of a preview or any other service.
  • Intellectual Property: All designs, concepts, mockups, and work product created in connection with the free preview remain the sole intellectual property of Acutix Marketing until a paid service agreement is signed and payment is received in full. No rights, licenses, or ownership interests are transferred to the requester by virtue of receiving a preview.
  • No Guarantee of Delivery: Submission of a free preview request creates no obligation on the part of Acutix Marketing to deliver any design, concept, or preview. Delivery timelines, if communicated, are estimates only.

3. No Warranty / Limitation of Liability

All services provided by Acutix Marketing, including website design, development, copywriting, SEO, and related services, are provided “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

To the fullest extent permitted by applicable law, Acutix Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services or website, even if we have been advised of the possibility of such damages.

In no event shall Acutix Marketing's total cumulative liability to any client or user exceed the total amounts actually paid to Acutix Marketing for services rendered in the three (3) months immediately preceding the event giving rise to the claim.

Acutix Marketing is not responsible for issues arising from third-party platforms, hosting providers, domain registrars, or any technology not directly under our control. We make no guarantees regarding search engine rankings, traffic, leads, conversions, or other outcomes that depend on factors outside our direct control.

4. Intellectual Property

All designs, graphics, code, copy, concepts, and other work product created by Acutix Marketing remain the exclusive intellectual property of Acutix Marketing until the client has paid all fees in full pursuant to a signed service agreement. Upon receipt of full payment, Acutix Marketing grants the client a non-exclusive license to use the delivered work for its intended purpose. Unless otherwise specified in a written agreement, Acutix Marketing retains the right to display completed work in its portfolio and marketing materials.

The Acutix Marketing name, logo, and brand assets are the exclusive property of Acutix Marketing and may not be used without express written permission.

5. Client Responsibilities

Clients engaging Acutix Marketing for services agree to:

  • Provide accurate, complete, and truthful information about their business, goals, and requirements
  • Respond to requests for feedback, approvals, and content in a timely manner; delays caused by the client may affect project timelines
  • Provide all necessary content, assets, credentials, and materials required to complete the project
  • Ensure that any content, images, or materials provided to Acutix Marketing do not infringe on the intellectual property rights of any third party
  • Comply with all applicable laws and regulations in connection with their business and use of our services

6. Payment Terms

Project work will not commence until a signed agreement is in place and any required deposit has been received by Acutix Marketing. Final deliverables, files, and access credentials will be transferred to the client only upon receipt of full payment of all outstanding fees. Overdue invoices may result in suspension of work or services. Specific payment schedules and amounts are governed by the individual service agreement between Acutix Marketing and the client.

7. Indemnification

You agree to indemnify, defend, and hold harmless Acutix Marketing, its owners, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of our website or services; (b) any content, materials, or information you provide to us; (c) any misrepresentation made by you; or (d) your breach of these Terms and Conditions or any applicable law or regulation.

8. Right to Refuse Service

Acutix Marketing reserves the right, in its sole discretion, to refuse, suspend, or terminate services to any individual or entity at any time, for any reason, with or without cause. This includes but is not limited to situations involving violation of these terms, abusive behavior, non-payment, or any other circumstance we deem appropriate. No refund will be issued for services already rendered prior to termination.

9. Governing Law & Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these terms or our services shall be subject to the exclusive jurisdiction of the state and federal courts located in Weld County, Colorado. You consent to personal jurisdiction in such courts and waive any objection to venue or inconvenient forum.

10. Changes to These Terms

Acutix Marketing may update, modify, or replace these Terms and Conditions at any time without prior notice. The effective date at the top of this page reflects the date of the most recent revision. Your continued use of acutixmarketing.com or submission of any request following any changes constitutes your acceptance of the revised terms. It is your responsibility to review these terms periodically.

Contact Us

If you have questions about these Terms and Conditions, please contact us:

Acutix Marketing

Windsor, Colorado

[email protected]

acutixmarketing.com