Terms & Conditions
The terms governing all Foxstone Industries consulting, hosting, and managed services engagements.
Client Responsibilities
The following tasks shall be completed by the Client:
- ‣ Provide access to relevant systems, credentials, and documentation required for the engagement.
- ‣ Designate an authorized point of contact with decision-making authority.
- ‣ Communicate business requirements, timelines, and success criteria.
- ‣ For web projects: supply domain name, site content, graphics, keywords, and design preferences.
- ‣ Review and approve deliverables in a timely manner to avoid project delays.
Foxstone Responsibilities
The following tasks shall be completed by Foxstone:
- ‣ Initialize and configure servers, infrastructure, databases, and environments as required.
- ‣ Provide the Client access to review, comment, and provide direction as work progresses.
- ‣ Deliver custom solutions, integrations, graphics, and documentation as specified in the engagement scope.
- ‣ Provide training on delivered systems, tools, and management consoles.
- ‣ Assist with setup of email, security configurations, monitoring, and ongoing support as agreed.
Content Copyrights and Trademarks
The Client unconditionally guarantees that all elements of text, graphics, photos, designs, trademarks, data, or other materials furnished to Foxstone Industries for inclusion in any engagement are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Foxstone Industries and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
Deliverable Ownership
Copyright and ownership of all deliverables produced by Foxstone — including code, configurations, documentation, graphics, custom applications, and integrations — will be owned by the Client upon project completion and final payment.
Foxstone and its subcontractors retain the right to describe the nature of the engagement and display non-confidential elements as examples of their work in their respective portfolios.
The Client retains the right, as long as their account is in good standing, to terminate the engagement with Foxstone and to transition all deliverables, data, and access credentials to an alternate provider of their choosing at any time.
Regulatory Compliance
The Client agrees that the Client is solely responsible for complying with any laws, regulations, taxes, and tariffs applicable in any way to the engagement or any other services contemplated herein, and will hold harmless, protect, and defend Foxstone and its subcontractors from any claim, suit, penalty, tax, fine, or tariff arising from the Client's use of delivered systems and services and/or any failure to comply with such laws, taxes, and tariffs.
Acceptable Use Policy
For any systems hosted or managed by Foxstone, the Client agrees to conduct their activities in accordance with the Acceptable Use Policy as posted on the Foxstone website.
Payments
Payments must be made promptly based on the terms of the engagement. Foxstone reserves the right to suspend services until outstanding payments are received. All payments are to be made within 30 days of invoice. In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process.
This agreement becomes effective only when signed by Foxstone. Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into in Maricopa County, Arizona, and any dispute will be litigated or arbitrated in Maricopa County, Arizona. The Client hereby consents to the personal jurisdiction of the Arizona State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. All payments will be made in U.S. Dollars.
Refunds
Month-to-month hosting and managed service charges are not subject to refund under any circumstances. Cancellation of service or transfer to alternate hosting of quarterly, semi-annual, and annual pre-paid accounts qualify for a refund for all pre-paid months excluding the current month.
Service Delivery
Consulting services are delivered remotely or on-site as agreed. Web-based deliverables are provided via standard web access. Infrastructure and AI deliverables are deployed to the Client's designated environments. At this time, Foxstone Industries does not deliver any physical product.
Privacy Policy
Foxstone has a policy to respect and protect the privacy of its clients and the information stored with Foxstone. Foxstone will only access and disclose information as necessary to comply with applicable laws and government requests, to provide Foxstone services, to operate or maintain its systems, or to protect itself or its clients.
Legal Notice
Notwithstanding anything to the contrary contained in this agreement, neither Foxstone nor any of its employees or agents warrants that the services or deliverables provided will be uninterrupted or error-free. The entire risk as to the quality and performance of the engagement is with the Client. In no event will Foxstone be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, hosting services, telecommunications carriers, or any other circumstances beyond reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate any delivered systems, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any servers, the Client's computer or software, even if Foxstone has been advised of the possibility of such damages.
Need Clarification?
If you have questions about these terms or need a custom agreement for your engagement, we're happy to help.