1. Agreement to Terms
These Terms of Service ("Terms") govern your use of the Elvatrixa website (elvatrixa.com) and any professional services provided by Elvatrixa ("we", "us", "our") to you ("Client").
By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
2. Our Services
Elvatrixa provides digital professional services including but not limited to: SaaS product development, AI and automation systems, e-commerce development, data analytics, UI/UX design, digital marketing, website performance optimisation, and maintenance retainer plans.
The specific scope, deliverables, timeline, and pricing for each engagement are defined in a written Statement of Work ("SOW") or project proposal agreed upon by both parties before work commences.
3. Proposals & Fixed-Price Agreements
Elvatrixa provides fixed-price project proposals. Once a proposal is accepted in writing (including by email), it constitutes a binding agreement between Elvatrixa and the Client.
Fixed-price proposals cover the work explicitly described in the SOW. Requests for work outside the agreed scope constitute a "change request" and may incur additional charges, which will be agreed in writing before additional work begins.
Proposals are valid for 30 days from the date of issue unless otherwise stated.
4. Payment Terms
Unless otherwise specified in a proposal, payment terms are: 50% upfront before work commences, and 50% upon project completion prior to final delivery.
For ongoing retainer services, payment is due monthly in advance.
Invoices are payable within 14 days of issue. Late payments accrue interest at 8% per annum above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
All prices are exclusive of VAT where applicable.
5. Intellectual Property
Upon receipt of full payment for a project, Elvatrixa assigns to the Client full ownership of all custom code, designs, and deliverables created specifically for that project.
Elvatrixa retains ownership of all pre-existing intellectual property, frameworks, libraries, and tools used in the delivery of services ("Background IP"). A perpetual, non-exclusive licence to use Background IP as embedded in the deliverables is granted to the Client.
Elvatrixa reserves the right to include completed work in its portfolio unless the Client requests confidentiality in writing.
6. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the course of an engagement. This obligation does not apply to information that is publicly available, already known to the receiving party, or required to be disclosed by law.
Elvatrixa will not share your business data or project details with third parties without your consent, except as required to deliver the agreed services (e.g. sub-contractors under equivalent confidentiality obligations).
7. Warranties & Liability
Elvatrixa warrants that services will be performed with reasonable skill and care, and that deliverables will materially conform to the agreed SOW.
Elvatrixa's total liability in connection with any engagement shall not exceed the total fees paid by the Client for that engagement in the 12 months preceding the claim.
We are not liable for indirect, consequential, or incidental losses, including lost profits or data loss, except where such loss is caused by our gross negligence or wilful misconduct.
Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
8. Termination
Either party may terminate a project engagement with 14 days written notice. In the event of termination, the Client is liable for payment for all work completed up to the date of termination, calculated on a pro-rata basis.
Elvatrixa may terminate an engagement immediately if the Client materially breaches these Terms and fails to remedy the breach within 7 days of written notice.
9. Governing Law
These Terms are governed by the laws of England and Wales. Both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any disputes.
10. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated by updating the "Last Updated" date on this page. Continued use of our services after changes constitutes acceptance of the revised Terms.
11. Contact
For any questions about these Terms, please contact us at: hello@elvatrixa.com