Terms of Service

Section 01Company information

These Terms of Service (“Terms”) govern your use of malinoisds.com and the engagement of services from MALINOIS DIGITAL SERVICES LLC (“Malinois Digital Services”, “we”, “us”), a limited liability company registered in the State of New Mexico, United States. Full company details appear in the identification panel on this page.

By using this website or engaging our services, you agree to these Terms.

Section 02Services

We provide digital services including web design and development, e-commerce solutions, digital marketing and SEO, automation and AI integration, cloud and IT consulting, and data and analytics work. Each client engagement is defined in a written proposal, quote, or statement of work (“SOW”) that describes scope, deliverables, timeline, and price. If a SOW conflicts with these Terms, the SOW prevails for that engagement.

Section 03Quotes, invoicing and payment

Quotes are valid for the period stated on them (or 30 days if none is stated). Unless a SOW says otherwise, work is invoiced as agreed per engagement — typically a deposit before work begins and the balance on delivery — and invoices are payable within 14 days. Prices exclude any applicable taxes, which are added where required by law. We may pause work on accounts with overdue invoices.

Section 04Cancellations and refunds

You may cancel an engagement by written notice at any time. In that case: fees for work already performed up to the cancellation date are due and non-refundable; any prepaid amounts covering work not yet performed will be refunded; and deposits are refundable only to the extent they exceed the value of work already performed. Recurring services (for example maintenance or marketing management) can be cancelled with the notice period stated in the SOW, or 30 days if none is stated.

Section 05Client responsibilities

You agree to provide the materials, information, access, and timely feedback reasonably needed for us to perform the services, and you confirm that materials you supply do not infringe third-party rights. Delays in providing these may extend timelines accordingly.

Section 06Intellectual property

Upon full payment, you own the final deliverables created specifically for you under a SOW. We retain ownership of our pre-existing materials, tools, know-how, and generic components, and grant you a non-exclusive license to use them as part of the deliverables. Unless agreed otherwise in the SOW, we may reference completed work in our portfolio.

Section 07Third-party services

Deliverables may rely on third-party platforms and services (for example hosting, e-commerce platforms, advertising networks, or software licenses). Those services are governed by their own terms and fees, which are your responsibility unless the SOW says otherwise. We are not responsible for changes, outages, or decisions of third-party providers.

Section 08Warranties and disclaimers

We will perform the services with reasonable skill and care consistent with industry practice. Except as expressly stated, the services and this website are provided “as is”, and we do not guarantee specific business outcomes such as revenue, rankings, or traffic. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

Section 09Limitation of liability

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to an engagement is limited to the fees you paid us for that engagement in the six months before the event giving rise to the claim, and neither party is liable for indirect, incidental, or consequential damages, or for loss of profits, revenue, or data.

Section 10Termination

Either party may terminate an engagement for material breach if the breach is not cured within 14 days of written notice. Sections concerning payment, intellectual property, disclaimers, limitation of liability, and governing law survive termination.

Section 11Governing law and disputes

These Terms are governed by the laws of the State of New Mexico, United States, without regard to conflict-of-law rules. The parties will first try to resolve any dispute amicably; failing that, disputes are subject to the exclusive jurisdiction of the state and federal courts located in Bernalillo County, New Mexico.

Section 12Changes to these terms

We may update these Terms from time to time. The effective date above reflects the current version; the version in force when a SOW is signed continues to apply to that engagement.

Section 13Contact

MALINOIS DIGITAL SERVICES LLC · 1209 Mountain Road Pl NE, Ste N, Albuquerque, NM 87110, United States · admin@malinoisds.com