1. Introduction

    • This Terms of Service Agreement (the “Agreement”) is between Vivum and its clients (“Client” or “you”) and governs the use of Vivum’s web development and WordPress theme design services (the “Services”). By accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, you may not access or use the Services.
  2. Service Description:

    • Vivum provides professional web development and WordPress theme design services, including website design and development, theme customization, and SEO optimization. The Services are provided on a best-efforts basis, and Vivum does not guarantee that the Services will meet your specific requirements.
  3. Payment Terms:

    • You agree to pay Vivum the fees for the Services as set forth in the applicable proposal, invoice, or other agreement between you and Vivum. Unless otherwise agreed, all fees are due and payable in advance.
  4. Intellectual Property:

    • Vivum retains all right, title, and interest in and to all intellectual property rights related to the Services, including without limitation, all software, designs, and any other proprietary materials. Client shall have no right to use any intellectual property rights of Vivum except as expressly permitted under this Agreement.
  5. Limitation of Liability:

    • Vivum shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use of the Services, including without limitation, damages for loss of profits, business interruption, loss of data, or other pecuniary loss. Vivum’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Vivum for the Services.
  6. Termination:

    • Vivum may terminate this Agreement at any time, with or without cause, upon written notice to you. You may also terminate this Agreement at any time by discontinuing use of the Services. Upon termination, you will promptly pay all fees and other charges due and payable to Vivum under this Agreement.
  7. Dispute Resolution:

    • Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
  8. Governing Law:

    • This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of law provisions.
  9. Entire Agreement:

    • This Agreement constitutes the entire agreement between you and Vivum and supersedes all prior negotiations, understandings, and agreements between the parties, whether written or oral. This Agreement may not be amended except in writing signed by both parties.