Terms of Service

2. Scope of Services

Thinknex offers dynamic digital engineering and marketing options, including Web Design & Development, Digital Marketing, Search Engine Optimization (SEO), Mobile App Development, Social Media Management & ADS, and Google My Business Setup.

Each project is governed by a detailed Project Scope or Service Retainer Agreement which outlines the specific deliverables, assets, timelines, and costs. Any additional work outside the agreed-upon scope will be treated as a change order and subject to separate billing evaluations.

3. Intellectual Property & Code Ownership

Unless otherwise indicated inside a separate written contract, the visual layouts, templates, and compiled codebases generated during your project are the exclusive intellectual property of Thinknex until all outstanding invoices and final milestone payments have been cleared in full.

Upon complete payment clearance, Thinknex legally transfers full intellectual property ownership, source-code repositories, and administrative access to the client. Thinknex retains the right to display completed layouts and screenshots of the project in our public portfolio and case studies for promotional purposes, unless a written non-disclosure agreement (NDA) explicitly prohibits it.

4. Client Obligations

To complete your project on schedule, active client cooperation is required. You agree to supply all necessary business assets, text copy, vector logos, high-resolution imagery, and access credentials (such as domain registrar logins) in a timely manner.

Thinknex is not liable for project delays caused by a client's failure to provide required assets, reviews, or approvals. If a project remains stalled for more than 45 consecutive days due to client inaction, Thinknex reserves the right to archive the project, invoice for all milestones completed up to that date, and apply a reactivation fee to resume work.

5. Payments, Billing & Milestones

Project fees are structured around clear deliverables. For standard fixed-scope contracts, we require a **50% mobilization deposit** before any design or engineering work begins. The remaining **50% final balance** is invoiced and due upon project completion, immediately prior to hosting deployment and domain connection.

For our monthly Growth Retainers, billing is processed on a recurring subscription basis. Invoices are dispatched on the 1st of every calendar month and must be cleared within 5 business days. Failure to clear retainer invoices will result in immediate suspension of active marketing campaigns, social postings, and technical support.

6. Revisions & Approvals

We include a set number of revision rounds (usually **two rounds** of layout reviews) during the design phase of fixed-scope projects. This allows you to request changes to colors, font sizes, text placements, and general structures.

Revisions must be submitted in a unified, written document. Once you sign off on a design stage or approve a compiled development milestone, any subsequent structural changes or additions will be invoiced separately as a technical change order.

7. Cancellations & Refunds

Clients may cancel their projects at any time by submitting a written notice to Thinknex Support. Upon cancellation:

• Mobilization Deposits: Initial deposits are non-refundable as they are instantly allocated to cover initial research, wireframing, architecture setups, and secure server resource provisioning.
• Milestone Billing: The client is liable to pay for all development hours and completed layouts executed up to the date of cancellation.
• Retainer Subscriptions: Monthly retainer cancelation requests must be submitted 14 days prior to the next billing cycle.

8. Warranties & Disclaimers

While we optimize our compiled layouts to achieve exceptional Google Lighthouse performance and follow strict security protocols, our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.

Thinknex does not guarantee specific organic positions on Google Search Console or Google Maps. Search engine algorithms change constantly, and organic positioning depends on external regional competitors and search volume fluctuations beyond our direct control.

9. Limitation of Liability

To the maximum extent permitted by law, in no event shall Thinknex, its CEO Ezekwe Emmanuel, or its engineers be liable for any direct, indirect, incidental, special, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, data breaches, website downtime, or business interruption) arising out of the use or inability to use our digital services.

Our total cumulative liability to any client under any contract agreement or dispute shall not exceed the exact total amount of fees paid by the client to Thinknex for that specific project or service retainer.

10. Governing Law

These Terms of Service and your relationship with Thinknex shall be governed by, interpreted, and enforced in accordance with the laws of the Federal Republic of Nigeria.

Any disputes, claims, or controversies arising out of or relating to these terms, our software contracts, or our marketing retainers shall be submitted to the exclusive jurisdiction of the state and federal courts located in Lagos State, Nigeria.