Terms & Conditions

Introduction

Welcome to Xito. By accessing and using our website and services, you agree to comply with and be bound by the following terms and conditions. Please read them carefully. If you do not agree to these terms, please do not use our website or services. Xito reserves the right to modify these terms at any time, and such modifications will be effective immediately upon posting on our website. Your continued use of the site and services will constitute your acceptance of the modified terms.

Definitions

"We," "us," and "our" refer to Xito, a software development company located at 2/232 Plant Street, Welshpool, WA 6106, Australia.
"You" refers to the user or client accessing our website or utilizing our services.
"Services" include Website Development, SEO Services, Digital Marketing, Google Ads, Graphics Designing, App Development, Software Development, and SM Marketing.
"Website" refers to www.xito.com.au.

Use of Services

You agree to use our services only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the services. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our services.

Intellectual Property

All content provided on our website and through our services, including text, graphics, logos, images, and software, is the property of Xito and is protected by Australian and international copyright laws. You may not reproduce, distribute, or create derivative works from any content found on our website or through our services without our express written permission.

Privacy Policy

We are committed to protecting your privacy. Our Privacy Policy, which sets out how we collect, use, and protect your information, can be found on our website. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

Payment Terms

All payments for services must be made in accordance with the terms outlined in the invoice or contract provided. Payments are due upon receipt unless otherwise stated. We accept various payment methods, including credit card and bank transfer. Late payments may incur interest charges and may result in the suspension of services until payment is received.

Service Delivery

We strive to deliver all services in a timely and professional manner. However, we are not responsible for any delays caused by unforeseen circumstances or events beyond our control, such as natural disasters, strikes, or technical issues. We will make reasonable efforts to communicate any delays to you and work to resolve them as quickly as possible.

Termination of Services

We reserve the right to terminate or suspend your access to our services at any time, without notice, for conduct that we believe violates these terms, is harmful to other users, or is otherwise inappropriate. You may also terminate your use of our services at any time by notifying us in writing. Upon termination, all rights and obligations under these terms will cease, except for any that expressly or by their nature should survive termination.

Limitation of Liability

To the fullest extent permitted by law, Xito will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, our services. Our liability for direct damages shall be limited to the amount paid by you for the services that are the subject of the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Xito, its affiliates, officers, directors, employees, agents, and licensors from any claim or demand, including reasonable attorneys' fees, arising out of your use of our services, your violation of these terms, or your violation of any rights of another.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Western Australia. Any disputes arising out of or relating to these terms or your use of our services will be subject to the exclusive jurisdiction of the courts located in Western Australia.

Dispute Resolution

If a dispute arises between you and Xito, our goal is to resolve it quickly and cost-effectively. Before resorting to legal action, we strongly encourage you to contact us directly to seek a resolution by email at Info@xito.com.au. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

User Conduct

You agree not to use our services for any purpose that is unlawful or prohibited by these terms. You agree not to:

Use our services in any manner that could damage, disable, overburden, or impair any Xito server, or the network(s) connected to any Xito server, or interfere with any other party's use and enjoyment of our services.
Attempt to gain unauthorized access to any services, other accounts, computer systems, or networks connected to any Xito server or to any of our services, through hacking, password mining, or any other means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through our services.

Confidentiality

Both parties agree to keep confidential all information concerning the business and affairs of the other party that they have obtained or received as a result of the discussions leading up to or the entering into of these terms and the performance of the terms themselves. This obligation of confidentiality will survive the termination of these terms and conditions.

Changes to Terms

Xito reserves the right to change, modify, add or remove portions of these terms and conditions at any time without notice. It is your responsibility to review these terms periodically for changes. Your continued use of the services following the posting of changes will mean that you accept and agree to the changes.

Disclaimer of Warranties

The services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Xito does not warrant that the services will be uninterrupted or error-free, nor do we make any warranty as to the results that may be obtained from the use of the services or as to the accuracy, reliability, or content of any information, service, or merchandise provided through the services.

Third-Party Links

Our website and services may contain links to third-party websites or services that are not owned or controlled by Xito. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Xito shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Entire Agreement

These terms and conditions, together with our Privacy Policy and any other legal notices published by Xito on our website, constitute the entire agreement between you and Xito concerning your use of our website and services. If any provision of these terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

No Waiver

No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and Xito's failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

Conclusion

Thank you for taking the time to read our Terms and Conditions. By using Xito's website and services, you agree to these terms and conditions. We are committed to providing high-quality services and value your trust and partnership. If you have any questions or need further clarification, please do not hesitate to contact us.