1. Agreement to Terms
By accessing or using hyperformics.com, you agree to comply with and be bound by these Terms & Conditions.
2. Scope of Services
HYperformics provides digital marketing, performance marketing, web and software development, design, automation, consulting and related professional services. Specific deliverables, timelines and commercial terms are governed by individual agreements or proposals.
3. Professional Services Disclaimer
All services are provided using commercially reasonable skill, care and industry standards. Outcomes may vary based on multiple external factors including market conditions, platform policies, competition and client participation.
4. Intellectual Property Rights
All Website content, trademarks, designs, graphics, text, software, methodologies and materials are the exclusive intellectual property of HYperformics unless otherwise stated. No license is granted except for personal, non-commercial use.
5. Client Obligations
Clients agree to provide accurate information, timely approvals and lawful content. HYperformics is not responsible for issues arising from inaccurate, delayed or non-compliant materials supplied by clients.
6. Payments & Commercial Terms
All fees, payment schedules and refund terms are defined in individual agreements. Unless expressly stated otherwise in writing, payments are non-refundable once services have commenced.
7. Limitation of Liability
To the maximum extent permitted by applicable law:
- HYperformics shall not be liable for indirect, incidental, special or consequential damages.
- Liability for any claim shall be limited to the fees paid for the specific service giving rise to the claim within the preceding billing period.
- HYperformics is not liable for business interruption, data loss, revenue loss or third-party platform actions.
8. Third-Party Services & Platforms
Services may involve third-party tools, platforms or providers (including but not limited to Google, Meta, TikTok, LinkedIn, hosting providers). HYperformics does not control and is not responsible for their policies, availability or changes.
9. Confidentiality
Both parties agree to maintain confidentiality of proprietary, technical and business information disclosed during the course of engagement, except where disclosure is required by law.
10. Termination
HYperformics reserves the right to suspend or terminate Website access or services for violation of these Terms, misuse of services or unlawful activity, with or without notice where permitted by law.
11. Governing Law & Jurisdiction
These Terms shall be governed by and interpreted in accordance with international principles of commercial law, without exclusive jurisdiction, allowing enforcement in any competent court where legally permissible.
12. Modifications
HYperformics may update these Terms at any time. Continued use of the Website constitutes acceptance of the updated Terms.
