Terms of Service

1. Overview

These Terms of Service ("Terms") govern your use of the website at https://netius.com (the "Site") operated by NETIUS LLC, a Florida Limited Liability Company ("we," "our," or "us").

By accessing or using this Site, you agree to these Terms. If you do not agree, please do not use the Site.

2. Purpose of This Site

The Site provides information about our web design and development services and allows visitors to:

• Request quotes or consultations
• Schedule meetings
• Contact our team
• Submit reviews and feedback about our work

The Site does not directly sell digital products or process payments online.

3. Use of the Site

You agree to:

• Provide accurate and complete information in any forms you submit.
• Use the Site only for lawful purposes and not in a way that may impair its function or security.
• Not attempt to gain unauthorized access to our servers or systems.

We reserve the right to suspend or restrict access to the Site if we detect abuse or security risks.

4. Intellectual Property

All content on this Site — including text, design, code, graphics, and branding — is owned by or licensed to NETIUS LLC and protected by applicable copyright and trademark laws.

You may not copy, reproduce, or redistribute any material from the Site without prior written consent.

5. Quotes and Project Inquiries

Submitting a quote or meeting request through this Site does not create a contractual relationship.

Any project engagement will require a separate written agreement that outlines:

• Scope of work
• Deliverables
• Payment terms
• Timelines

We reserve the right to accept or decline project requests at our discretion.

6. User-Submitted Content (Reviews and Testimonials)

If you submit a review or testimonial through our client feedback form:

• You represent that your review is truthful, accurate, and based on your genuine experience with our services.
• You grant us permission to publish your review (including your name and company name) on our website, marketing materials, or social media if you check the permission box on the form.
• You retain ownership of your review content, but grant us a non-exclusive, royalty-free, perpetual license to use, display, and distribute it for promotional purposes.
• Company Logos: If you upload your company logo, you represent that you have the right to share it and grant us permission to display it on our website. You retain all ownership rights to your logo, but grant us a non-exclusive, royalty-free license to display it in our client showcase or portfolio. We may convert your logo to black and white to match our site design.
• Website Links: If you provide your website URL, you grant us permission to link your logo or company name to your website in our client showcase.
• You may request removal of your published review at any time by contacting us at web@netius.com.

We reserve the right to edit or remove reviews that contain inappropriate content, false information, or violate these Terms.

7. Indemnification

You agree to indemnify, defend, and hold harmless NETIUS LLC, its owners, employees, and contractors from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney's fees) arising from:

• Your use of this Site or violation of these Terms;
• Any content you submit, including reviews, testimonials, logos, or other materials;
• Your infringement of any third-party rights, including intellectual property rights;
• Any false, misleading, or defamatory statements you make through this Site.

This indemnification obligation will survive termination of your use of the Site.

8. Links to Other Websites

Our Site may contain links to third-party websites (such as scheduling tools, hosting services, or resources).

We are not responsible for the content or privacy practices of those third-party sites.

9. Disclaimers

• The Site and its content are provided "as is" and "as available."
• We make no warranties or representations about the accuracy or completeness of the information on this Site.
• While we take steps to keep the Site secure and available, we cannot guarantee uninterrupted or error-free operation.

10. Limitation of Liability

To the fullest extent permitted by law, NETIUS LLC and its team shall not be liable for:

• Any indirect, incidental, or consequential damages;
• Loss of data, profits, or business opportunities;
• Any damages arising from use or inability to use the Site.

Your sole remedy for dissatisfaction with the Site is to stop using it.

11. Privacy

Your use of the Site is also governed by our Privacy Policy, which explains how we collect and handle personal data.

12. Governing Law and Jurisdiction

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

Any disputes, claims, or controversies arising out of or relating to these Terms or your use of this Site shall be resolved exclusively in the state or federal courts located in Polk County, Florida. You consent to the personal jurisdiction of such courts and waive any objection to venue in these courts.

If you are accessing this Site from outside the United States, you are responsible for compliance with your local laws.

13. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of this Site or our services, the parties agree to the following dispute resolution process:

Good Faith Negotiation

The parties shall first attempt to resolve any dispute through good faith negotiation. Either party may initiate negotiations by providing written notice to the other party describing the nature of the dispute.

Mediation

If the dispute cannot be resolved through negotiation within thirty (30) days, the parties agree to attempt to resolve the dispute through mediation before a mutually agreed-upon mediator in Polk County, Florida. The costs of mediation shall be shared equally between the parties.

Binding Arbitration

If mediation is unsuccessful, any remaining dispute shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Polk County, Florida, or via video conference at the arbitrator's discretion.

• The arbitrator's decision shall be final and binding on both parties.
• Each party shall bear its own attorney's fees and costs unless the arbitrator determines otherwise.
• The prevailing party in arbitration may be awarded reasonable attorney's fees and costs at the arbitrator's discretion.
• Judgment on the arbitration award may be entered in any court having jurisdiction over the parties.

Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information without first engaging in mediation or arbitration.

14. International Considerations

Services Provided from the United States

All services provided by NETIUS LLC are performed from our offices in Davenport, Florida, United States. While we welcome clients from around the world, our operations, infrastructure, and legal obligations are based in the United States.

Compliance with Local Laws

If you are accessing this Site or using our services from outside the United States, you are responsible for ensuring that your use complies with all applicable laws and regulations in your jurisdiction. This includes but is not limited to:

• Data protection and privacy laws
• Import/export regulations
• Tax obligations
• Professional licensing requirements
• Consumer protection laws

U.S. Export Controls and Sanctions

NETIUS LLC complies with all applicable U.S. export control laws and regulations, including those administered by the Office of Foreign Assets Control (OFAC) and the Bureau of Industry and Security (BIS).

We do not provide services to individuals, entities, or countries that are subject to U.S. economic sanctions or trade embargoes. By using our services, you represent and warrant that:

• You are not located in, organized under the laws of, or a resident of any country subject to U.S. sanctions or embargoes;
• You are not identified on any U.S. government list of prohibited or restricted parties, including the OFAC Specially Designated Nationals List;
• You will not use our services in violation of any U.S. export control or sanctions laws or regulations.

We reserve the right to refuse service or terminate existing services if we determine that providing such services would violate U.S. export control or sanctions laws.

International Data Transfers

If you are located outside the United States, please be aware that any information you provide to us will be transferred to and processed in the United States. By using our services, you consent to this transfer and processing. For more information about how we handle international data transfers, please see our Privacy Policy.

15. Force Majeure

NETIUS LLC shall not be liable for any failure or delay in performing our obligations under these Terms or any project agreement if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters (including hurricanes, floods, earthquakes, fires, or other acts of nature);
• Pandemics, epidemics, or public health emergencies;
• War, terrorism, civil unrest, or government actions;
• Labor disputes, strikes, or lockouts;
• Failure or disruption of internet services, telecommunications, hosting providers, or other third-party services;
• Power outages or utility failures;
• Cyberattacks, hacking, or other security incidents;
• Serious illness or incapacity of key personnel;
• Any other event or circumstance beyond our reasonable control.

In the event of a force majeure occurrence, we will make reasonable efforts to notify affected clients as soon as practicable and will resume performance as soon as the force majeure condition is resolved. Project timelines may be extended by a period equal to the duration of the force majeure event.

If a force majeure event continues for more than thirty (30) days, either party may terminate the affected project agreement upon written notice. In such case, you will be responsible for payment for work completed up to the date of termination, and we will refund any prepaid amounts for work not yet performed.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Payment Terms

The following payment terms apply to all web design and development services provided by NETIUS LLC. Specific project agreements may include additional terms, but these general terms serve as the baseline for all engagements.

Project Initiation and Deposits

A 50% non-refundable deposit is required before work begins on any project. This deposit:

• Secures your project slot in our schedule;
• Covers initial project planning, research, and design work;
• Represents our commitment of time and resources to your project;
• Is non-refundable once work has commenced.

Payment Schedule

Unless otherwise specified in a project-specific agreement, payments are structured as follows:

• 50% upfront deposit - Due before project commencement (non-refundable)
• 50% final payment - Due upon project completion and before final delivery/launch

For larger projects, we may establish milestone-based payment schedules as outlined in the project-specific agreement.

Refund Policy

The 50% upfront deposit is non-refundable once work has begun. This policy exists because:

• We dedicate significant time and resources to project planning and initial development;
• We turn away other potential clients to reserve time for your project;
• Design and development work cannot be "returned" once created;
• The deposit compensates us for opportunity cost and work performed.

If you are dissatisfied with our work, we will make reasonable efforts to address your concerns and revise deliverables within the agreed scope. However, the deposit remains non-refundable.

Project Cancellations

If you choose to cancel a project after work has begun:

• The 50% non-refundable deposit will be retained by NETIUS LLC;
• You will receive any completed work up to the point of cancellation;
• No additional payments will be required beyond the initial deposit;
• If cancellation occurs before work begins, we may refund the deposit at our discretion, minus any administrative fees.

Payment Due Dates and Late Fees

All invoices are due within thirty (30) days of the invoice date unless otherwise specified in writing.

If payment is not received within the specified timeframe:

• A 5% late fee will be applied to the outstanding balance if payment is not received within fourteen (14) days after the due date;
• Additional late fees may accrue monthly until the balance is paid in full;
• Work on your project may be paused or suspended until payment is received;
• We reserve the right to withhold delivery of final files, website access, or launch until all outstanding invoices are paid in full.

If you anticipate difficulty meeting a payment deadline, please contact us immediately to discuss alternative arrangements.

Payment Methods

We process all payments through Square, which supports:

• Credit cards (Visa, Mastercard, American Express, Discover)
• Debit cards
• ACH bank transfers (for U.S. clients)
• Digital wallets (Apple Pay, Google Pay)

You will receive a Square invoice via email that includes a secure payment link. All payment processing is handled by Square in accordance with their security standards and privacy policies.

Scope Changes and Change Orders

The initial project agreement defines the scope of work and deliverables. Any requests for additional features, functionality, pages, or revisions beyond the agreed scope will be treated as change orders and billed separately.

Change orders are handled as follows:

• You submit a request for additional work or changes beyond the original scope;
• We review the request and provide an estimate of time and cost;
• You approve the estimate before we proceed with the additional work;
• Change orders are billed at our standard hourly rate or as a fixed fee, as specified;
• Payment for change orders may be required before work begins, depending on the scope.

We will always provide a clear estimate and obtain your approval before proceeding with any work that falls outside the original project scope.

Project Completion and Final Delivery

The final 50% payment is due upon project completion and before final delivery. "Project completion" means:

• All deliverables outlined in the project agreement have been completed;
• You have reviewed and approved the final work;
• Any agreed-upon revisions within the original scope have been completed.

Upon receipt of final payment, we will provide:

• Access to the completed website or application;
• All source files, assets, and documentation as specified in the agreement;
• Instructions for managing and updating your website (if applicable);
• Any credentials, login information, or administrative access required.

We will not launch your website or transfer final files until the final payment has been received in full.

Taxes

All prices quoted are exclusive of applicable taxes. You are responsible for any sales tax, use tax, VAT, or other taxes that may apply based on your location. If we are required to collect such taxes, they will be added to your invoice.

18. Entire Agreement

These Terms of Service, together with any project-specific agreements, proposals, or contracts you enter into with NETIUS LLC, constitute the entire agreement between you and us regarding your use of this Site and our services. These Terms supersede all prior or contemporaneous communications, proposals, or agreements, whether oral or written, between you and us.

In the event of any conflict between these Terms and a project-specific agreement, the project-specific agreement shall control with respect to that particular project, but these Terms shall continue to govern all other aspects of your relationship with us.

19. Changes to These Terms

We may update these Terms occasionally to reflect business or legal changes.

The "Last updated" date will always indicate the most recent version. Continued use of the Site after updates means you accept the revised Terms.

20. Contact Us

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