Terms of Use

Last Updated: 01/04/2025

Welcome to TheHexatown! These Terms of Use constitute a legally binding agreement between you and TheHexatown ("we", "us", "our"), governing your access to our website and your use of our IT services. By browsing our website or engaging our services, you confirm that you have read, understood, and agreed to these Terms. If you do not agree, please do not use our website or services.

Acceptance of Terms

By using TheHexatown's website or engaging our services, you confirm that you are at least 18 years old (or the legal age of majority in your jurisdiction). If you are acting on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms. These Terms apply alongside any separate service agreement or statement of work ("SOW") signed between you and TheHexatown — in the event of a conflict, the SOW takes precedence.

Our Services

TheHexatown provides IT services including software development, digital transformation, technical consulting, and related solutions. All specific deliverables, timelines, and pricing are defined in a separate SOW or service agreement agreed upon by both parties. We reserve the right to:

  • Modify, update, or discontinue any service offering at any time, with reasonable notice where possible.
  • Decline or discontinue service to any client at our discretion, subject to obligations in any active SOW.
  • Engage qualified subcontractors or partners to fulfill parts of a service, while remaining responsible for the overall delivery.

Client Accounts

If you are granted access to a client portal or account to manage your projects or services, you are responsible for:

  • Account Security: Keeping your login credentials confidential. You must not share access with unauthorized individuals.
  • Account Activity: All activity carried out under your account, whether authorized by you or not.
  • Accurate Information: Providing truthful and up-to-date information when registering or communicating with our team.

If you suspect unauthorized access to your account, notify us immediately at contact@thehexatown.com.

Acceptable Use

You agree to use TheHexatown's website and any delivered software, tools, or systems only for lawful purposes and in accordance with these Terms. You must not:

  • Use any deliverable, system, or tool we provide to engage in illegal, harmful, or fraudulent activity.
  • Attempt to reverse engineer, decompile, or tamper with any software or systems delivered by TheHexatown without prior written consent.
  • Resell, sublicense, or redistribute any delivered work or proprietary tools without our explicit written permission.
  • Use automated tools (bots, scrapers, crawlers) to extract content or data from our website without written permission.
  • Attempt to gain unauthorized access to our systems, infrastructure, or other clients' data.

Violations may result in immediate suspension of services and may be reported to relevant authorities where required by law.

Payments & Billing

Payment terms for all services are defined in your SOW or service agreement. In general:

  • Invoicing: Invoices are issued per the schedule outlined in your agreement (e.g., milestone-based, monthly retainer, or project completion).
  • Payment Methods: Payments are processed securely via our supported payment providers. We do not store full payment details on our servers.
  • Late Payments: Overdue payments may result in a pause or suspension of active services until the balance is settled.
  • Disputes: Any billing disputes must be raised in writing within 14 days of the invoice date. After this period, invoices are considered accepted and final.
  • Refunds: Due to the nature of professional services, refunds are evaluated on a case-by-case basis. Please contact us at contact@thehexatown.com to discuss your situation.

Intellectual Property & Ownership

Ownership of work produced by TheHexatown is determined as follows:

  • Client Ownership: Upon receipt of full payment, you own the final deliverables as specified in your SOW, including custom-built software and related documentation.
  • TheHexatown IP: We retain ownership of all pre-existing tools, frameworks, methodologies, templates, and proprietary code used to build your solution. Where such tools are incorporated into your deliverable, we grant you a non-exclusive, perpetual license to use them as part of the delivered product.
  • Website Content: All content on our website — including text, images, graphics, videos, and logos — is protected by copyright and may not be copied, reproduced, or distributed without our prior written consent.

Trademarks

The name "TheHexatown," along with all associated logos and service marks, are trademarks of TheHexatown and may not be used, published, or promoted without our prior written permission. All other product and company names mentioned on this site may be trademarks™ or registered® trademarks of their respective owners. Their use does not imply any affiliation with or endorsement by them.

Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the service relationship, including but not limited to business strategies, technical specifications, client data, and pricing. This obligation survives the termination of any service agreement. Where a separate Non-Disclosure Agreement ("NDA") is in place, its terms take precedence.

Electronic & SMS Communications

By engaging our services or submitting your contact information, you consent to receive electronic communications from TheHexatown, including project updates, invoices, and service-related notices. You may opt out of non-essential communications at any time via the unsubscribe link in any email or by contacting us directly.

If you opt in to SMS communications, you may receive text messages regarding updates or service notifications. Message and data rates may apply. Reply STOP at any time to opt out. Phone numbers collected for SMS opt-in are never shared, sold, or disclosed to third parties for any purpose.

Third-Party Tools & Links

Our services may involve or recommend third-party tools, platforms, or integrations (e.g., cloud providers, analytics tools, payment processors). We are not responsible for the performance, availability, or data practices of any third-party service. Links to external websites are provided for convenience only and do not imply endorsement. We encourage you to review the terms and privacy policies of any third-party services you use.

Disclaimers

Our website and services are provided on an "as is" and "as available" basis without warranties of any kind. While we strive to deliver high-quality IT services, we do not warrant that:

  • Delivered software will be entirely free of bugs or perform without interruption in all environments.
  • Information on our website is always accurate, complete, or up to date.
  • Our services will achieve every specific business outcome beyond what is defined in your SOW.

Limitation of Liability

To the fullest extent permitted by law, TheHexatown shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our services or website — including but not limited to lost profits, business interruption, loss of data, or system failures in production environments — even if we have been advised of the possibility of such damages.

Our total liability for any claim arising from a specific engagement shall not exceed the total fees paid by you to TheHexatown for that engagement in the 3 months prior to the event giving rise to the claim.

Termination

Either party may terminate an engagement in accordance with the terms set out in the relevant SOW or service agreement. TheHexatown reserves the right to suspend or terminate access to our website or services immediately and at our sole discretion if you breach these Terms or engage in conduct harmful to our business or other clients. TheHexatown shall not be liable to you or any third party for any such termination.

Upon termination, all outstanding invoices become immediately due, and you must cease using any proprietary tools or licenses provided solely as part of the terminated engagement. Sections covering IP ownership, confidentiality, disclaimers, and limitation of liability survive termination.

Governing Law

These Terms shall be governed by and construed in accordance with applicable laws. Any disputes arising from these Terms or your use of our services will first be attempted to be resolved informally through direct communication. If unresolved, disputes shall be subject to binding arbitration or the jurisdiction of the competent courts, as applicable.

Changes to These Terms

We may update these Terms of Use from time to time. When we do, we'll update the "Last Updated" date at the top of this page. Continued use of our website or services after changes are posted constitutes your acceptance of the revised terms.

Contact Us

Questions about these terms? Reach out at contact@thehexatown.com or through our Contact Form.

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