1. Agreement to Terms
By accessing or using any services provided by Infinity Binary ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must not use our services. These Terms constitute a legally binding agreement between you ("Client," "you," or "your") and Infinity Binary, operating under the laws of the State of Arizona, United States.
We reserve the right to refuse service to any individual or business entity at our sole discretion. Your continued use of our services following the posting of any changes to these Terms constitutes acceptance of those changes. If you are entering into this agreement on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.
These Terms apply to all services offered by Infinity Binary, including but not limited to website development, digital marketing, search engine optimization, branding, public relations campaigns, custom software development, and consulting services. Supplementary terms may apply to specific services, which will be communicated to you prior to engagement.
2. Services Description
Infinity Binary provides a comprehensive suite of digital services designed to help businesses establish, grow, and optimize their online presence. Our services include website design and development, search engine optimization (SEO), digital marketing campaigns across multiple platforms, branding and visual identity creation, public relations and media outreach, custom software solutions, e-commerce platform development, point-of-sale (POS) system integration, UI/UX design, and strategic consulting.
The specific scope, deliverables, timelines, and pricing for each engagement will be outlined in a separate project proposal or statement of work (SOW) agreed upon by both parties before work commences. Any services not explicitly included in the SOW shall be considered out of scope and subject to additional charges.
We strive to deliver all services to the highest professional standards. However, we do not guarantee specific business outcomes, including but not limited to search engine rankings, revenue increases, or engagement metrics. Our services are designed to maximize your probability of success based on industry best practices and our extensive experience across 500+ projects.
3. Client Obligations
As a client, you agree to provide all necessary materials, information, and access required for the timely delivery of services. This includes, but is not limited to, brand assets (logos, color palettes, fonts), content (text, images, videos), account credentials for third-party platforms, product or service descriptions, and any other resources outlined in the project proposal.
You are responsible for the accuracy and legality of all content you provide to us. Infinity Binary shall not be held liable for any intellectual property infringement, defamation, or legal issues arising from client-supplied materials. You agree to review and provide feedback on deliverables within the timeframes specified in the project agreement. Delays in client response may result in corresponding adjustments to project timelines.
You agree not to use our services for any unlawful purpose, including the promotion of illegal products or services, fraudulent activities, spam, or any content that violates applicable laws or regulations in your jurisdiction or ours. We reserve the right to terminate services immediately if we determine that your use violates these obligations or any applicable law.
4. Payment Terms
Payment terms are outlined in the individual project proposal or contract. Unless otherwise specified, our standard payment structure is as follows: a non-refundable deposit of 40% is required before work commences, 30% upon delivery of the first major milestone, and the remaining 30% upon final delivery and project completion. For ongoing services such as digital marketing retainers or SEO packages, monthly invoicing applies with payment due within 14 days of invoice issuance.
All fees are quoted in Euros (EUR), Pounds Sterling (GBP), or United States Dollars (USD) as specified in the project agreement. We accept cash and electronic payments in any of these three currencies. Bank transfer fees and currency conversion charges are the responsibility of the client. Late payments exceeding 30 days past the due date will incur a penalty of 1.5% per month on the outstanding balance.
In the event of project cancellation by the client after work has commenced, the initial deposit is non-refundable. Additional charges may apply for work already completed beyond the initial milestone. If Infinity Binary cancels the engagement due to client breach of these Terms, all outstanding fees for work completed become immediately due and payable.
5. Intellectual Property
Upon full payment of all agreed-upon fees, the client receives ownership of all custom deliverables created specifically for the project, including website designs, custom code, branding materials, and content produced by Infinity Binary. This transfer of ownership does not include any pre-existing intellectual property, proprietary tools, frameworks, or methodologies owned by Infinity Binary.
Infinity Binary retains the right to use anonymized versions of project deliverables, case studies, and process descriptions in our portfolio, marketing materials, and public communications unless a written confidentiality agreement states otherwise. We also retain ownership of all underlying code libraries, frameworks, and tools developed independently of any specific client engagement.
Third-party assets used in project deliverables, including stock photographs, licensed fonts, plugins, and open-source software, remain subject to their respective license terms. Clients are responsible for maintaining appropriate licenses for any third-party assets used in their final deliverables beyond the project scope.
6. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary and sensitive information shared during the course of the engagement. This includes business strategies, financial data, customer information, trade secrets, and any other materials marked as confidential or that would reasonably be understood to be confidential in nature.
This confidentiality obligation survives the termination of these Terms for a period of two (2) years. Neither party shall disclose confidential information to any third party without the prior written consent of the disclosing party, except as required by law, regulation, or court order. In the event of a legal requirement to disclose, the receiving party must provide prompt written notice to the disclosing party.
Infinity Binary implements industry-standard security measures to protect client data. However, no method of electronic transmission or storage is completely secure. We are not liable for any unauthorized access to client information resulting from circumstances beyond our reasonable control, including hacking, phishing, or other cyber attacks targeting our systems or third-party services we utilize.
7. Limitation of Liability
To the maximum extent permitted by applicable law, Infinity Binary shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising out of or related to our services, regardless of the cause of action or theory of liability, even if we have been advised of the possibility of such damages.
Our total aggregate liability for any claims arising from or related to these Terms or our services shall not exceed the total amount paid by the client to Infinity Binary during the twelve (12) months immediately preceding the event giving rise to the claim. This limitation applies to all liability, whether based on contract, tort, strict liability, or any other legal theory.
We are not liable for any failures or delays in service caused by circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, pandemic-related disruptions, internet outages, third-party platform changes (such as algorithm updates by Google, Meta, or other platforms), or other force majeure events.
8. Termination
Either party may terminate the engagement by providing thirty (30) days written notice to the other party. In the event of termination, the client shall pay for all services rendered up to the date of termination, as well as any non-cancellable commitments made on behalf of the client (such as advertising spend, software licenses, or domain registrations).
Infinity Binary reserves the right to terminate services immediately and without prior notice in the event of client breach of these Terms, failure to make payments when due, or conduct that is harmful to Infinity Binary's reputation, business, or other clients. Upon termination, we will provide the client with all completed deliverables and work-in-progress files within a reasonable timeframe.
Post-termination, the client is entitled to a transition period of up to thirty (30) days during which Infinity Binary will provide reasonable assistance in migrating services, transferring access credentials, and ensuring continuity of operations. After this period, ongoing maintenance and support will require a separate agreement.
9. Dispute Resolution
Any disputes arising out of or related to these Terms shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved within thirty (30) days of one party providing written notice of the dispute to the other, the matter shall be submitted to mediation administered by a mutually agreed-upon mediator in Oro Valley, Arizona.
If mediation fails to resolve the dispute within sixty (60) days, either party may pursue binding arbitration in accordance with the Federal Arbitration Act and the rules of the American Arbitration Association. The arbitration shall be conducted in Oro Valley, Arizona, and the language of the arbitration shall be English. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened breach of confidentiality obligations or intellectual property rights, without the requirement to post a bond or other security.
10. Changes to Terms
Infinity Binary reserves the right to modify, update, or replace these Terms at any time at our sole discretion. Material changes will be communicated to clients via email notification at least fifteen (15) days before the changes take effect. Non-material changes may be implemented without prior notice.
The most current version of these Terms will always be available on our website at infinitybinary.com/terms.html. We encourage clients to review these Terms periodically to stay informed of any updates. Your continued use of our services after any changes become effective constitutes your acceptance of the revised Terms.
If you have any questions or concerns about changes to these Terms, please contact us at [email protected]. We are happy to discuss any modifications and work with you to find mutually agreeable terms.
11. Contact Information
For any questions, concerns, or requests related to these Terms of Service, please contact Infinity Binary using the following information:
- Email: [email protected]
- Phone: +1 (602) 610-1760
- Address: 12580 N Oracle Rd, Suite 210, Oro Valley, AZ 85755 (Main Office)
- Business Hours: Monday through Friday, 9:00 AM to 6:00 PM MST (Mountain Standard Time)
We aim to respond to all inquiries within two (2) business days. For urgent matters, please indicate the nature of your request in the subject line of your email or mention it when calling during business hours. We are committed to maintaining transparent and responsive communication with all our clients and partners.