Terms of Service

Digitex designs, builds, deploys, hosts, and manages custom websites for small businesses. Your services may include ongoing edits and updates, hosting, and a managed domain, as described in your proposal or order.

By creating an account, accepting a proposal, or clicking to agree, you consent to enter into this agreement electronically and agree that your electronic acceptance has the same legal effect as a handwritten signature. You consent to receive agreements, notices, disclosures, and other communications from us electronically — by email, by SMS where you have opted in, or through the portal — and you agree that electronic delivery satisfies any requirement that such communications be in writing.

You are responsible for the accuracy of the information you provide and for keeping your login credentials secure. You are responsible for all activity under your account, and you represent that you are authorized to bind the business on whose behalf you are contracting.

• Term. Service is provided on a twelve (12) month initial term, billed monthly.
• First payment. Your first monthly payment is due when you accept your proposal; it authorizes us to begin building your website and saves your payment method for recurring billing.
• Recurring billing. Your saved payment method is automatically charged each month at the price stated in your proposal until the subscription is cancelled.
• Renewal. After the initial twelve-month term, your subscription automatically continues month-to-month at the then-current monthly price until cancelled as described above.
• Failed payments. If a payment fails, we may retry the charge and ask you to update your payment method. Continued non-payment may result in suspension or termination.
• Early cancellation during the term. Because development begins immediately, if you cancel or stop paying during the initial twelve-month term you remain responsible for the remaining monthly payments for that term, and we may suspend or take down the website and hosting. After the initial term you may cancel the month-to-month subscription at any time as described above.
• No partial refunds. Except where required by law, fees are non-refundable for partial billing periods.

You are responsible for the materials you provide for your website (text, images, logos, and other content) and you represent that you have the rights to use them. You agree not to provide content that is unlawful, infringing, or that violates these Terms or the rights of others.

• Your content. You retain ownership of the content and materials you supply.
• Your website. Upon full payment of amounts due, you own the final website deliverables we create for you, subject to any third-party components, fonts, or stock assets, which remain governed by their own licenses.
• Our materials. Digitex retains all rights to its own tools, frameworks, templates, and know-how used to deliver the services.
• Portfolio. Unless you ask us in writing not to, we may reference that we built your site and display it in our portfolio.

We may register and manage a domain on your behalf or connect a domain you own. While your subscription is active, we provide hosting for your site. Upon termination, provided your account is paid in full, you may request, within 30 days, an export of your final website files and content and the transfer of any domain registered in your name; managed hosting and the live site will cease at the end of the paid period. We are not obligated to retain your data after a reasonable period following termination.

You agree not to use the services to violate any law, infringe intellectual property, or attempt to disrupt or gain unauthorized access to our systems. You will not use the services or any messaging or email features to send communications without the recipient’s required consent, and you will comply with all applicable laws, including the TCPA, CAN-SPAM, and carrier/messaging-provider requirements. You are solely responsible for obtaining and documenting consent for any messages sent to your own contacts through the services.

The services rely on third-party providers (for example, for payments, messaging, hosting, and AI assistance). Your use of those features is also subject to those providers’ terms, and we are not responsible for their services.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITEX LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or damages, so the above limits apply only to the extent permitted by law.

You agree to indemnify and hold Digitex harmless from claims arising out of the content you provide, your use of the services, or your violation of these Terms or applicable law. We will promptly notify you of any such claim, give you reasonable control of its defense and settlement (provided no settlement admits liability or imposes obligations on us without our consent), and reasonably cooperate. This indemnity does not apply to the extent a claim arises from our own gross negligence or willful misconduct.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute arising out of or relating to these Terms or the services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and not in court. YOU AND DIGITEX WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. You may opt out of arbitration by emailing hello@godigitex.com within 30 days of first accepting these Terms. Either party may bring an individual claim in small-claims court.

We may suspend or terminate the services for non-payment or for a material breach of these Terms. The following survive termination: payment obligations, ownership and intellectual property, electronic acceptance, disclaimers, limitations of liability, indemnification, dispute resolution/arbitration, governing law, and any other provision that by its nature should survive.

These Terms are governed by the laws of the United States and the State of Kentucky, without regard to conflict-of-laws rules. Subject to the arbitration section, the exclusive venue for any permitted court action lies in the state and federal courts located in the State of Kentucky, and the parties consent to personal jurisdiction there.

These Terms, together with your accepted proposal or order and the Privacy Policy, are the entire agreement between you and Digitex. If there is a conflict, your proposal controls for commercial terms (price, scope, cancellation notice) and these Terms control for all other terms.

We may update these Terms from time to time. Material changes will be reflected by the “Last updated” date above, and your continued use of the services constitutes acceptance of the updated Terms.

Questions about these Terms? Email hello@godigitex.com, or write to Digitex LLC, 8115 Carlisle Drive, Ashland, KY 41102.