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Outsourceship & MSB IT Solutions LLC

By visiting this website, submitting an order form, accepting a quotation, making a payment, or otherwise engaging our services under any of our trading names, you confirm that you have read, understood and agreed to be bound by these Terms. If you do not agree, do not place an order or make a payment.

1. Our Company, Our Brands and Who Charges Your Card

Outsourceship & MSB IT Solutions LLC operates, owns, manages and/or provides back-office, production, billing and merchant-of-record services for a portfolio of trading names, brands and websites, including but not limited to:

  • Fixmywebs
  • San Jose Logo Design
  • Los Angeles Logo Designs
  • DesignsLegend

Each of the above is a trading name / brand of Outsourceship & MSB IT Solutions LLC, and not a separate legal entity unless expressly stated in a signed written agreement. References in these Terms to "we", "us" and "the Company" apply equally to every brand listed above.

IMPORTANT — BILLING DESCRIPTOR NOTICE. All payments for services ordered from any of our brands are collected, processed and receipted by Outsourceship & MSB IT Solutions LLC. Accordingly, the charge appearing on your credit card, debit card, bank statement or payment-processor record may read "OUTSOURCESHIP", "OUTSOURCESHIP & MSB IT", "MSB IT SOLUTIONS", or a similar abbreviation, even where you placed your order through Fixmywebs, San Jose Logo Design, Los Angeles Logo Designs or DesignsLegend.

By placing an order you expressly acknowledge and accept this billing arrangement, and you agree that a charge bearing the Outsourceship & MSB IT Solutions LLC descriptor is authorised, legitimate, and not an unrecognised or fraudulent transaction. You further agree that you will not file a chargeback, dispute or fraud claim on the sole basis that the merchant name on your statement differs from the brand name on the website from which you ordered. If you are ever unsure about a charge, contact us before contacting your bank, using the details in Section 24.

Nothing in this Section limits any right you may hold under applicable consumer-protection law.

2. Definitions

  • "Services" — any and all services described in Section 4, whether one-off, milestone-based, retainer, subscription or recurring.
  • "Deliverables" — the files, designs, code, artwork, copy, videos, reports or printed goods produced for you under an accepted Order.
  • "Order" — an accepted quotation, proposal, invoice, order form, checkout transaction, statement of work or written/emailed confirmation of scope and price.
  • "Order Confirmation" — our written or emailed acknowledgement of an Order, which sets the commencement date for all delivery, revision and refund timelines.
  • "Client Portal" / "My Account" — the online area (where provided) through which files, messages and approvals are exchanged.
  • "Recurring Services" — hosting, domain registration and renewal, SSL certificates, email hosting, website maintenance and care plans, SEO retainers, digital-marketing retainers, software licences, subscriptions and any other Service billed on a repeating cycle.
  • "Business Day" — Monday to Friday, 9:00 a.m. to 6:00 p.m. U.S. Central Time, excluding U.S. federal public holidays.

3. Acceptance, Eligibility and Formation of Contract

You must be at least eighteen (18) years old and legally capable of entering into binding contracts. If you contract on behalf of a company, partnership or other organisation, you warrant that you are duly authorised to bind that entity, and "you" shall mean that entity.

A contract is formed when we issue an Order Confirmation, or when we receive your payment (in whole or in part), whichever occurs first. Quotations are valid for thirty (30) days unless stated otherwise and may be withdrawn or revised before acceptance. Prices displayed on our websites are indicative, may vary by brand and package, and are subject to correction for typographical or pricing errors.

Where a separate signed agreement, statement of work, master services agreement or service-level agreement exists between you and the Company, that document shall prevail over these Terms to the extent of any direct conflict. In all other respects these Terms continue to apply.

4. Services We Provide

The Company provides the following categories of Services. Not every brand offers every Service, and the exact inclusions, exclusions, page counts, revision limits, file formats and turnaround times applicable to you are those stated in your Order or package description.

4.1 Logo Design, Branding and Identity

Custom logo design, logo redesign and refresh, brand identity systems, stationery design, brand guideline documents, and delivery of source and export files (which may include AI, EPS, PDF, SVG, PNG, JPG and similar formats, as specified in your package). Concept counts, revision rounds and included file formats are defined by the package purchased. Requests beyond the purchased package are chargeable at our then-current rates.

4.2 Website Design and Development

Custom and template-based website design, front-end and back-end development, content-management system builds (including WordPress, Shopify and comparable platforms), landing pages, e-commerce storefronts, payment-gateway integration, third-party API and plugin integration, migrations, redesigns, responsive optimisation and browser testing.

Unless expressly itemised in your Order, the following are excluded and are chargeable separately: content writing and copywriting, stock photography and video licences, premium themes, plugins, extensions and third-party software licences, payment-gateway or merchant-account fees, data migration from legacy systems, multilingual/translation work, accessibility remediation to a specified standard (e.g. WCAG conformance), ongoing maintenance, and hosting beyond any promotional period stated in Section 4.7.

4.3 Mobile Application Development

Native and cross-platform iOS and Android application design and development, UI/UX design, prototyping, API development and integration, testing, and assistance with app-store submission.

App-store approval is not guaranteed. Apple, Google and other store operators apply their own review criteria and may reject, delay, remove or de-list an application for reasons outside our control. We will make commercially reasonable efforts to address reviewer feedback that relates to our work; rejection by a store operator does not constitute a defect in our Deliverables, does not entitle you to a refund, and does not extend or suspend any payment obligation. Developer-account fees, annual store fees and third-party service fees are your responsibility.

4.4 Animation, Video and Motion Graphics

Whiteboard, 2D and 3D animation, explainer videos, motion graphics, logo animation, storyboarding, scripting, voice-over sourcing and licensed background music.

Voice-over talent, licensed music and licensed stock footage are supplied under third-party licences whose terms flow through to you. Once a script, storyboard or voice-over is approved and production has commenced, changes to that approved element are treated as a chargeable change of scope, not a revision, because the associated production time and talent fees are irrecoverable.

4.5 Digital Marketing, SEO and Content

Search engine optimisation, local SEO and Google Business Profile management, pay-per-click and paid social campaign management, social media management, email marketing, content writing, copywriting and analytics reporting.

NO GUARANTEE OF RANKINGS OR RESULTS. Search engines, social platforms and advertising networks operate proprietary, undisclosed and frequently changing algorithms and policies. We do not warrant, guarantee or represent any specific search ranking, position, keyword placement, indexation, impression volume, click-through rate, conversion rate, lead volume, sales figure, return on ad spend or revenue outcome. Any figures, forecasts, projections, benchmarks or case studies presented to you are illustrative estimates only and are expressly not a promise of performance.

SEO and marketing are ongoing services billed for time, labour, tools, licences and platform access consumed within each billing cycle, and are not billed against, nor refundable by reference to, any performance outcome. Advertising spend (Google Ads, Meta, LinkedIn, TikTok and similar) is separate from and additional to our management fee, is payable to the platform, and is non-refundable by us once placed with the platform. You are responsible for the accuracy and legality of the products, claims and offers you ask us to promote. Penalties, suspensions or account bans imposed by a platform arising from your own content, prior SEO history, prior vendors, or your industry's regulatory status are outside our control.

4.6 Print Design, Printing, Production and Fulfilment

This Section applies to any Service involving physically produced goods, including business cards, letterheads, brochures, flyers, catalogues, banners, signage, packaging, labels, apparel, promotional merchandise and comparable printed or manufactured items, whether produced in-house or through third-party print partners and fulfilment vendors.

  • Proof approval is final and binding. Before any job is sent to press or production we will supply a digital proof. It is your sole responsibility to check spelling, grammar, names, dates, telephone numbers, email addresses, web addresses, pricing, legal notices, dimensions, quantities, finishes and all other content. Once you approve a proof in writing (including by email or through the Client Portal), the job is locked and the artwork is deemed correct. We accept no liability whatsoever for errors, omissions or typographical mistakes contained in an approved proof, and reprints necessitated by such errors are chargeable to you in full.
  • Color variance. Screens display color in RGB; printing reproduces color in CMYK, spot or process inks. Exact color matching between a monitor, a digital proof, a previous print run, a different substrate, a different press or a different vendor is not technically achievable and is not warranted. Reasonable commercial color variance is not a defect and is not a ground for reprint, refund or rejection. If precise color matching is critical, you must request and pay for a physical press proof or a specified Pantone match in advance.
  • Quantity tolerance. Commercial printing is subject to industry-standard overruns and underruns of up to ten percent (10%) of the ordered quantity. Delivery within this tolerance constitutes full performance of the Order; underruns are invoiced pro rata and overruns may be invoiced pro rata or supplied at no charge at our discretion.
  • Materials and finishes. Paper stocks, weights, coatings, textures, garment colors, substrates and finishing options are subject to supplier availability. Where a specified material becomes unavailable we may substitute a material of equivalent or superior quality after notifying you.
  • Turnaround and shipping. Production timelines commence on the Business Day after written proof approval and receipt of cleared payment in full. Stated turnaround times exclude shipping transit time. Shipping, freight, handling, customs duties, import taxes and brokerage fees are your responsibility unless expressly included in your Order. Risk of loss and title to printed goods pass to you on dispatch from the production facility or its carrier. We are not liable for carrier delays, mis-delivery, damage in transit, or loss once goods have been handed to a carrier, though we will assist you in pursuing a carrier claim.
  • NON-REFUNDABLE ONCE IN PRODUCTION. Printed and manufactured goods are custom-made to your specification. Once a proof is approved and the job enters production or is transmitted to a print partner, the Order is final, non-cancellable and non-refundable in full. This includes situations where you change your mind, your business circumstances change, your branding changes, or the item is no longer required.
  • Defect claims window. Claims for genuine manufacturing defects (misprint against an approved proof, material fault, damaged goods on arrival) must be notified in writing with photographic evidence within five (5) Business Days of delivery. We may require the defective goods to be returned. Our sole and exclusive remedy for a validated manufacturing defect, at our election, is a reprint of the affected quantity or a credit limited to the amount you paid for that item. We are not liable for any consequential loss, including missed events, trade shows, launches or campaigns.
  • Artwork supplied by you. If you supply print-ready artwork, you are responsible for its resolution, bleed, trim, safe margins, color profile, embedded fonts and overall press-readiness. We are not liable for output quality arising from deficient supplied files, and file-preparation or remediation work is chargeable.
  • Storage of files and plates. We are under no obligation to store print files, plates, screens or dies indefinitely, and reprints may require a repeat of set-up charges.

4.7 Hosting, Domains, SSL, Email and Website Maintenance

This Section applies to all Recurring Services and is one of the most important sections of these Terms. Please read it carefully.

(a) Hosting. Where hosting is purchased or bundled, it is provided on shared, cloud or third-party infrastructure. Hosting is provisioned for a fixed term (monthly, annual or as stated in your Order). We aim for high availability but do not warrant uninterrupted, error-free or uninterruptible service, and no uptime guarantee applies unless a written service-level agreement has been signed. Scheduled maintenance, emergency maintenance, upstream provider outages, denial-of-service attacks and force-majeure events may cause downtime.

(b) Free or bundled hosting periods. Where hosting, domains, email or SSL are described as "free", "included" or "complimentary", that benefit applies only for the promotional period expressly stated in your Order (commonly the first twelve (12) months). At the end of the promotional period these Services convert to paid Services at our then-current standard rates and will be invoiced accordingly. The promotional benefit is not transferable, has no cash value, and is forfeited if the associated project is cancelled or refunded.

(c) AUTOMATIC RENEWAL — EXPRESS CONSENT. Hosting, domain registrations and renewals, SSL certificates, email hosting, maintenance and care plans, SEO and marketing retainers, and all other Recurring Services renew automatically at the end of each billing cycle at our then-current rates, and we are authorised to charge the payment method you have on file, on a recurring basis, without further notice or authorisation, until you cancel in accordance with Section 4.7(d). By purchasing a Recurring Service you expressly consent to this recurring charge.

(d) Cancellation of Recurring Services. You may cancel any Recurring Service by giving written notice of at least fifteen (15) days before the renewal date, sent by email to the address in Section 24 or submitted through the Client Portal. Cancellation notices given by telephone, live chat, social media or to any individual staff member are not effective. Cancellation takes effect at the end of the current paid term; service continues until that date and no partial-period refund is given. A renewal charge that has already been processed is non-refundable, including where you state that you forgot, did not intend, or did not notice the renewal.

(e) Domain names. Domain registrations are governed by ICANN rules and by the terms of the relevant registrar and registry, which flow through to you. Domain fees are non-refundable once a registration, renewal or transfer has been submitted, as they are paid to the registry and are irrecoverable by us. Domain renewal is ultimately the registrant's responsibility; where we manage renewal we will use reasonable efforts to renew on time, but we are not liable for expiry, redemption fees, loss of a domain, or its acquisition by a third party arising from a failed, declined or expired payment method, an out-of-date contact address, your instruction, or registrar/registry action. Where you request a domain be registered in our name for convenience, we will transfer it to you on written request provided your account is fully paid and any registrar transfer-lock period has elapsed.

(f) Maintenance and care plans. Maintenance plans cover the specific tasks listed in your plan (which may include core, theme and plugin updates, backups, uptime monitoring, security scanning and a stated allocation of support hours). Unused hours do not roll over. Work outside the plan is chargeable. Maintenance does not include new feature development, redesigns, or rectification of damage caused by you or a third party with access to the site.

(g) Backups. Where backups are included we will take them on the stated schedule as a courtesy. You remain solely responsible for maintaining your own independent backups of your website, database, content and data. We accept no liability for data loss, corruption or failure of a backup to restore.

(h) Suspension for non-payment. If any invoice for a Recurring Service remains unpaid, we may suspend the Service after written notice. Where an account remains unpaid for thirty (30) days after suspension, we may terminate the Service and permanently delete all associated data, files, databases, email accounts and backups without further notice or liability. Reactivation after suspension may attract a reinstatement fee.

(i) Acceptable use. You may not use our hosting or infrastructure to store, transmit or link to material that is unlawful, infringing, defamatory, obscene, malicious, or that constitutes spam, phishing, malware, cryptomining, or a breach of any third-party right. We may suspend or terminate service immediately, without refund, for a breach of this clause, and may disclose relevant information to law enforcement.

(j) Migration away. On termination we will, on written request made within thirty (30) days of termination and provided your account is fully paid, supply a reasonable export of your site files and database. Migration assistance beyond a standard export is chargeable.

4.8 Other Services

We may also provide IT consultancy, AI automations and dedicated-resource hiring, business-process outsourcing, software licensing resale, and such other services as may be agreed in writing. Dedicated-resource and staff-augmentation engagements are billed for time made available and are not refundable for days already worked or reserved.

5. Client Responsibilities

Timely performance by us depends on timely cooperation by you. You agree to:

  • provide complete, accurate content, brand assets, credentials, approvals and feedback promptly;
  • nominate a single authorised point of contact empowered to give approvals and instructions;
  • respond to requests for information, feedback or approval within five (5) Business Days;
  • check the Client Portal and the email address on file regularly, as this is our primary channel for delivery, approvals, invoices and renewal notices;
  • maintain a valid, current payment method and billing address on file;
  • keep independent copies of all files and data supplied to and delivered by us.

Project delays caused by you do not extend any refund window, do not entitle you to a discount, and do not relieve you of any payment obligation. Where you are unresponsive for fifteen (15) Business Days or more, we may place the project on hold. Where you are unresponsive for thirty (30) Business Days or more, we may treat the project as abandoned and closed, all sums paid are forfeited as compensation for time and resources already committed, and reactivation may attract a fee of up to twenty-five percent (25%) of the original Order value.

6. Content You Supply and Third-Party Rights

You warrant that all text, images, logos, trademarks, video, audio, data and other material you supply to us is either owned by you or properly licensed for the use requested, and that our use of it will not infringe any copyright, trademark, design right, patent, privacy right, publicity right or other right of any third party, nor breach any law or regulation. You agree to indemnify, defend and hold us harmless against any claim, demand, loss, damage, cost or expense (including reasonable legal fees) arising from material you supply or instruct us to use.

We may use licensed stock assets, fonts, plugins, themes, libraries and third-party components in your Deliverables. These remain subject to their originating licences, which flow through to you; you are responsible for maintaining any licence that requires ongoing payment or renewal.

7. Intellectual Property and Ownership

Ownership transfers only upon receipt of payment in full. Until every invoice relating to a project has been paid and cleared, all Deliverables, concepts, drafts, source files, code and artwork remain the exclusive property of the Company, and any use of them by you is unlicensed and unauthorised.

Upon full payment, we assign to you the rights in the final approved Deliverables produced specifically for you, subject to: (a) third-party licences described in Section 6; (b) our retained ownership of all pre-existing materials, frameworks, libraries, code, tools, methodologies, templates and know-how used in producing the Deliverables, in respect of which you receive a non-exclusive, non-transferable licence to use as embedded in the Deliverables; and (c) our retained ownership of unused, rejected or alternate concepts, which we may reuse or resell.

Trademark registration is a separate legal process. We do not conduct trademark clearance searches unless expressly engaged to do so, and we do not warrant that any logo or name is available for registration or free from conflicting third-party rights. You are advised to obtain independent legal advice before adopting a mark commercially.

Portfolio and promotion. Unless you notify us otherwise in writing before the project commences, we reserve the right to display the Deliverables and your business name and logo in our portfolio, case studies, website and marketing materials across any of our brands.

8. Revisions

Revision entitlements are as stated in your package. Where a package is described as offering "unlimited revisions", that entitlement applies only to refinements within the originally approved concept, direction, scope and structure, and is subject to fair use.

The following are not revisions and are chargeable as new work or a change of scope: a change of concept or creative direction after approval; additional pages, screens, features, integrations or deliverables; changes to an approved design, script, storyboard, wireframe or proof; changes arising from your late supply of content; and repeated cycles that in our reasonable opinion constitute abuse of the revision process. We reserve the right to decline further revisions where usage is unreasonable, abusive, or where the client is concurrently engaging another provider for the same scope.

Standard revision turnaround is forty-eight (48) hours for straightforward changes; complex changes take longer. Revision requests must be submitted in writing through the Client Portal or by email, consolidated into a single list per round.

9. Fees, Invoicing and Payment

  • All prices are in United States Dollars (USD) unless expressly stated otherwise.
  • Work commences only on receipt of cleared payment of the deposit or first milestone.
  • Milestone and instalment invoices are due on receipt unless the invoice states otherwise. Failure to pay a milestone entitles us to suspend work immediately.
  • You are responsible for all applicable sales, use, VAT, GST, withholding and similar taxes, and for any bank, transfer, currency-conversion or payment-processor fees.
  • Overdue amounts may attract interest at one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law if lower, together with reasonable costs of collection, including collection-agency and legal fees.
  • We may, without prejudice to our other rights, suspend all Services (including hosting and live websites) while any amount is overdue.
  • Payments are non-transferable between projects, brands or accounts except at our discretion.

10. Refund Policy

We stand behind our work. This policy balances your protection with the reality that our costs are incurred as human creative and technical labour that cannot be recovered once expended.

10.1 Design Orders (Logo, Branding and Graphic Design)

  • Full refund, less a ten percent (10%) processing and administrative fee — if requested before any initial designs or concepts have been delivered.
  • Sixty-six percent (66%) refund — if requested within forty-eight (48) hours of delivery of the initial concepts.
  • Thirty-three percent (33%) refund — if requested within ninety-six (96) hours of delivery of the initial concepts.
  • No refund — once any of the following has occurred: a design has been approved; revisions have been requested or commenced; final files have been delivered; you have been unresponsive for five (5) Business Days or more; or seven (7) Business Days have elapsed after initial delivery without client action.

10.2 Website and Application Projects

No refund is issued once the homepage design has been approved, once inner pages or templates have been developed, or once development, staging or deployment has commenced. Where a project is cancelled before those milestones, any refund is calculated on the proportion of work not yet performed, as reasonably assessed by us, less a ten percent (10%) processing and administrative fee.

10.3 Non-Refundable Services

The following are non-refundable in all circumstances once activated, provisioned, submitted, placed or produced:

  • Hosting fees, once the account has been provisioned or the period has commenced;
  • Domain registrations, renewals and transfers, once submitted to the registrar;
  • SSL certificates, email hosting and any third-party licence, subscription, plugin, theme or software purchased on your behalf;
  • All renewal charges for any Recurring Service, once processed;
  • Printing, production, packaging and fulfilment orders, once a proof is approved or the job enters production (Section 4.6);
  • Shipping, freight, customs, duty and handling charges;
  • Advertising spend paid to Google, Meta, Microsoft, LinkedIn, TikTok or any other platform;
  • SEO, digital-marketing and social-media retainer fees for any month in which work has commenced;
  • Rush, expedited and priority-delivery surcharges;
  • Dedicated-resource and staff-augmentation fees for days worked or reserved;
  • Voice-over, talent, licensed music, stock media and other third-party production costs already committed;
  • App-store, developer-account and registration fees paid to third parties;
  • Consultation, strategy, audit and discovery work already delivered.

10.4 Circumstances in Which No Refund Is Payable

No refund is payable where: you change your mind, your budget changes or your business circumstances change; you fail to supply content, feedback or approvals; you engage another provider for the same scope concurrently; the request is made outside the applicable window; the request relates to a performance outcome we expressly did not guarantee (Section 4.5); the delay or defect arises from your own act, omission or supplied materials; or you have breached these Terms.

10.5 How to Request a Refund

Refund requests must be made in writing to the email address in Section 24, quoting your order number, the brand you ordered through, and the reason for the request. We will acknowledge and review within two (2) Business Days and respond with a determination. Approved refunds are processed within five (5) to ten (10) Business Days and are returned exclusively to the original payment method; we do not issue refunds by cash, cheque, wire, cryptocurrency or to a third-party account.

Effect of a refund. Upon a refund being issued, all rights, title and licences in the associated Deliverables revert immediately and entirely to the Company. You must cease all use of those Deliverables, delete all copies, and you may not use, publish, register, distribute, resell or claim ownership of them in any form. Continued use of refunded work constitutes copyright infringement and will be pursued.

11. Chargebacks and Payment Disputes

You agree to contact us and allow us a reasonable opportunity to resolve any concern before contacting your bank or card issuer. Given the billing arrangement disclosed in Section 1, please check the merchant descriptor before assuming a charge is unrecognised.

Filing a chargeback, payment dispute or fraud claim without first raising the matter with us is a material breach of these Terms. In such an event we may, without prejudice to our other rights: immediately suspend or terminate all Services and hosting; revoke all licences to the Deliverables; submit full documentary evidence to the card network, including these Terms, your Order, communication logs, approvals, IP and access records and delivery records; recover from you all chargeback fees, administrative costs, and reasonable legal and collection costs; refer the outstanding balance to a collections agency; and pursue recovery through the courts.

A chargeback filed in respect of work already delivered and used constitutes both a breach of contract and unauthorised use of our intellectual property.

12. Delivery

Deliverables are supplied to the Client Portal and/or by email to the address on file, on the date stated in the Order Confirmation. All revision and refund timelines run from the date and time of delivery to the Client Portal or email, irrespective of when you actually open or review it.

Standard custom design orders are typically delivered within five (5) to seven (7) Business Days of Order Confirmation and receipt of complete requirements. Where offered, a rush or expedited service is available for an additional fee. All timelines are good-faith estimates, not guarantees, and are extended by any period of client delay.

13. Record Maintenance and File Retention

We archive final delivered files for a reasonable period as a courtesy and will re-send them on request where still held. We do not guarantee indefinite retention and you should download and independently back up all Deliverables on receipt. A retrieval fee may apply to requests made more than twelve (12) months after delivery.

14. Communication and Correspondence Policy

We accept responsibility only for correspondence sent from email addresses on our own registered domains, and from telephone numbers published on our official websites. We are not responsible for, and accept no liability arising from, any communication, quotation, promise, invoice or payment request purporting to come from us but originating from any other email address, domain, messaging account or telephone number. If you receive a suspicious communication, or a request to pay to an unfamiliar account, do not act on it — verify with us first using the contact details in Section 24.

Verbal assurances, statements made in live chat, and statements by individual staff members are not binding unless confirmed in writing by an authorised representative of the Company.

15. Confidentiality

Each party shall keep confidential all non-public information disclosed by the other in connection with the Services and shall use it solely for the purpose of performing this agreement. This obligation does not apply to information that is or becomes public through no breach, was already lawfully known, is independently developed, or must be disclosed by law or court order. This clause survives termination.

16. Third-Party Services and Platforms

Our Services may depend on or integrate with third-party platforms, hosting providers, registrars, payment gateways, print partners, couriers, plugins, APIs and software. We do not control those third parties and are not liable for their acts, omissions, outages, pricing changes, policy changes, discontinuation, data breaches or termination of service. Where a third-party dependency ceases to be available, remedial work is chargeable.

17. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UNINTERRUPTED OPERATION, ERROR-FREE OPERATION, SECURITY, OR ACHIEVEMENT OF ANY COMMERCIAL RESULT.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES OR THE DELIVERABLES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  • THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFIT, REVENUE, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OPPORTUNITY, DATA, RANKINGS, TRAFFIC OR REPUTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • THESE LIMITATIONS APPLY IN THE AGGREGATE ACROSS ALL BRANDS OPERATED BY THE COMPANY AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Some jurisdictions do not permit the exclusion or limitation of certain warranties or liabilities; in such jurisdictions our liability is limited to the maximum extent permitted by law.

19. Indemnification

You agree to indemnify, defend and hold harmless the Company, its members, officers, employees, contractors and affiliated brands from and against any claim, demand, action, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or relating to: (a) material or instructions you supply; (b) your use of the Deliverables; (c) your breach of these Terms or of any law; (d) your products, services, offers or advertising claims; or (e) any dispute between you and a third party.

20. Force Majeure

We shall not be liable for any delay or failure in performance caused by circumstances beyond our reasonable control, including acts of God, natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, governmental action or restriction, labour dispute, utility, internet, data-centre or telecommunications failure, cyber-attack, supply-chain disruption, or failure of a third-party supplier or platform.

21. Suspension, Termination and Right to Refuse Service

We may suspend or terminate Services immediately on written notice where you breach these Terms, fail to pay, file a chargeback, supply unlawful or infringing material, or subject our staff to abusive, threatening, harassing or discriminatory conduct. On termination for your breach, all sums paid are non-refundable and all outstanding sums become immediately due. Sections 1, 6, 7, 10.5, 11, 14, 15, 17, 18, 19, 22 and 23 survive termination.

We reserve the right to decline or discontinue service to any person or business at our discretion, including where the requested work is unlawful, deceptive, infringing, or contrary to our values.

22. Governing Law, Dispute Resolution and Venue

These Terms are governed by and construed in accordance with the laws of the State of Texas, United States, without regard to conflict-of-law principles.

Informal resolution first. Before commencing any formal proceeding, you agree to notify us in writing of the dispute and to negotiate in good faith for at least thirty (30) days.

Binding arbitration. Any dispute not resolved informally shall be finally settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association, before a single arbitrator, seated in Dallas County, Texas, conducted in English. Judgment on the award may be entered in any court of competent jurisdiction. Either party may bring an individual claim in small-claims court, or either party may seek injunctive relief in court to protect intellectual property or confidential information.

Class-action waiver. To the maximum extent permitted by law, all claims must be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding.

Where arbitration is unenforceable, the state and federal courts located in Dallas County, Texas shall have exclusive jurisdiction, and you consent to personal jurisdiction and venue there.

23. General Provisions

  • Entire agreement. These Terms, together with your Order and any signed agreement, constitute the entire agreement between the parties and supersede all prior discussions, representations and understandings.
  • Severability. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary, and the remaining provisions continue in full force.
  • No waiver. Failure to enforce any provision is not a waiver of it.
  • Assignment. You may not assign these Terms without our written consent. We may assign or novate to an affiliate or successor in connection with a merger, reorganisation or sale of assets.
  • Independent contractors. Nothing creates a partnership, joint venture, employment or agency relationship.
  • Notices. Notices to you may be sent to the email address on file. Notices to us must be sent to the email and postal address in Section 24.
  • Changes to these Terms. We may amend these Terms at any time by posting an updated version with a revised "Last Updated" date. Material changes will be notified by email or by prominent notice on our websites where reasonably practicable. Continued use of our websites or Services, or renewal of any Recurring Service, after the effective date constitutes acceptance. The version in force at the time of your Order governs that Order.
  • Language and headings. Headings are for convenience only. In case of translation, the English version prevails.

24. How to Contact Us

Outsourceship & MSB IT Solutions LLC
4615 Place One Dr, Garland, TX 75042-4555, United States
Telephone: (646) 651-8908
Email: info@outsourceshipandmsbitsolutions.com
Web: https://outsourceshipandmsbitsolutions.com/contact.php

Please quote your order number and the brand through which you ordered (Fixmywebs, San Jose Logo Design, Los Angeles Logo Designs, DesignsLegend or Outsourceship & MSB IT Solutions) in all correspondence.

By placing an order, making a payment, or continuing to use our websites and Services, you acknowledge that you have read, understood and agreed to these Terms & Conditions in their entirety.