Master Architectural Engineering Terms & Conditions Terms & Conditions of Service

1. Agreement to Terms

These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("Client", "you"), and Arcos Multimedia Group, LLC ("Arcos Multimedia", "Agency", "we", "us", or "our"), regarding your access to and use of arcosmultimedia.com as well as any associated proposals, Statements of Work (SOW), service retainers, and design/development contracts.

By executing a project proposal, submitting a consultation request, issuing a deposit, or authorizing Arcos Multimedia Group, LLC to begin web architecture, Generative Engine Optimization (GEO), or AI automation services, you expressly agree that you have read, understood, and agreed to be bound by all of these Terms.

2. Services, Statements of Work & Change Orders

2.1 Scope of Services: Arcos Multimedia Group, LLC provides bespoke website design, enterprise frontend architecture, Generative Engine Optimization (GEO / AI Search Indexing), custom AI lead automation workflows, and ongoing conversion growth retainers. Specific deliverables, technical milestones, project schedules, and pricing are defined in custom Statements of Work (SOW) or written proposals executed between the parties.

2.2 Revisions & Acceptance: Each milestone includes up to two (2) consolidated rounds of structured design and functional revisions, unless otherwise specified in the SOW. Deliverables shall be deemed accepted if the Client fails to provide consolidated written feedback within ten (10) business days of delivery.

2.3 Change Orders: Any expansion of project scope, feature additions (e.g., unexpected third-party API integrations, additional bespoke page layouts, complex database restructuring), or major architectural pivots requested outside the executed SOW shall be scoped separately under a formal written Change Order with associated cost adjustments.

3. Client Responsibilities & Content Warranties

3.1 Provision of Assets: The Client agrees to provide all necessary copy, logos, branding guidelines, photography, third-party credentials, and domain DNS access in a timely manner. Project delivery timelines depend upon prompt asset delivery.

3.2 Client Content Warranty: The Client explicitly warrants that all text, photography, graphic designs, trademarks, fonts, and data supplied to Arcos Multimedia Group, LLC are owned by the Client or that the Client possesses full legal licensing and permission to use and authorize the Agency to use such materials. The Client assumes full legal responsibility for the legal compliance of all provided content.

3.3 Project Dormancy: If a project is delayed for more than thirty (30) consecutive calendar days due to Client unresponsive conduct or failure to deliver required materials, the project will be placed in dormant status. Reactivation may be subject to a rescheduling fee and updated milestone timelines.

4. Fees, Invoicing & Retainer Terms

4.1 Payment Milestones: Unless otherwise agreed in writing, fixed-price design and engineering engagements require a non-refundable commencement deposit (typically 50%), with remaining balances tied to milestone completion (e.g., Design Approval, Production Launch).

4.2 Monthly Growth Retainers: Retainers (e.g., Conversion Architecture, GEO AI Search Retainers, Infrastructure Maintenance) are billed monthly in advance on a recurring schedule. Retainer agreements require a thirty (30) day written notice for cancellation prior to the next billing cycle.

4.3 Late Invoices & Suspension: Invoices are payable upon receipt or under agreed Net 15 terms. Invoices unpaid after fifteen (15) days from the due date are subject to a late fee of 1.5% per month (or the maximum permitted by Texas law). The Agency reserves the right to suspend development, pause API access, or hold staging deployments until past-due balances are satisfied.

5. Intellectual Property Rights & Ownership

5.1 Agency Foundational Tools: Arcos Multimedia retains all intellectual property rights to its pre-existing starter frameworks, proprietary design systems, reusable utility libraries, deployment automation scripts, and general engineering methodologies ("Agency Tools"). The Agency grants the Client a perpetual, royalty-free, non-exclusive license to use these Agency Tools as embedded within the completed deliverable.

5.2 Portfolio & Case Study Rights: Unless protected under an explicit Non-Disclosure Agreement (NDA), the Agency reserves the standard professional right to showcase the completed project, creative screenshots, performance outcomes, and brand logos in its portfolio, case studies, and marketing materials.

6. AI Systems, Generative Engines (GEO) & Search Disclaimers

6.1 Algorithmic Non-Guarantee: Arcos Multimedia Group, LLC implements industry-leading Generative Engine Optimization (GEO), Schema.org 2.0 entity structuring, and technical speed architecture. However, search engines and AI language models (including Google, Perplexity, Claude, ChatGPT, Bing/Copilot) frequently update their proprietary ranking, indexing, and synthesis algorithms. The Agency does not and cannot guarantee specific numerical search rankings, citation frequencies, or AI snapshot placement.

6.2 Third-Party AI APIs: Where bespoke solutions interface with third-party Large Language Model APIs (e.g., OpenAI, Anthropic, Google Cloud Vertex), the Client acknowledges that upstream API availability, latency, per-token pricing changes, and non-deterministic AI generation models are governed by those third-party providers. The Agency is not liable for upstream provider outages or hallucinations inherent to LLM technology.

7. Hosting, Domain & Infrastructure Limitations

7.1 Infrastructure Providers: Web applications deployed to cloud hosting environments (such as Vercel, Netlify, Cloudflare, AWS, or client-provided web servers) are subject to the uptime Service Level Agreements (SLAs) of those respective hosting infrastructure providers.

7.2 Domain & Account Security: The Client is solely responsible for maintaining ownership, renewing domain names, managing third-party merchant accounts, and safeguarding internal client credentials. The Agency is not liable for domain expirations caused by the Client's failure to renew with their registrar.

8. Warranties & Limitation of Liability

8.1 Express Warranty Disclaimer: EXCEPT AS EXPRESSLY SET FORTH IN A SIGNED STATEMENT OF WORK, ALL SERVICES AND DELIVERABLES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE AGENCY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Aggregate Liability Limitation: TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, IN NO EVENT SHALL ARCOS MULTIMEDIA GROUP, LLC, ITS MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO THE CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR DOWNTIME), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Mutual Indemnification

The Client agrees to defend, indemnify, and hold harmless Arcos Multimedia Group, LLC, its officers, contractors, and affiliates from and against any claims, liabilities, losses, damages, judgments, or legal expenses (including reasonable attorney's fees) arising out of: (a) any breach by the Client of its content warranties or these Terms, (b) any materials, copy, or imagery supplied by the Client that infringes upon the intellectual property or privacy rights of any third party, or (c) the Client's business operations, products, or marketing claims.

10. Cancellation & Termination

10.1 Project Termination for Convenience: Either party may terminate an active project upon fifteen (15) days written notice. In the event of early termination by the Client, the Agency shall be compensated for all work performed, hours logged, and non-cancellable expenses incurred up to the effective termination date.

10.2 Termination for Cause: Either party may terminate immediately if the other party breaches any material term of this Agreement and fails to cure such breach within ten (10) business days of receiving written notice.

11. Texas Governing Law & Dispute Resolution

11.1 Governing Law: These Terms and any dispute or controversy arising out of or related to our services shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

11.2 Exclusive Venue & Jurisdiction: The parties irrevocably agree that the state and federal courts located in Travis County, Texas or Hays County, Texas shall have exclusive jurisdiction and venue to resolve any dispute, controversy, or claim arising out of or relating to this Agreement. Both parties expressly waive any objection to inconvenient forum.

11.3 Attorney's Fees: In any formal legal action brought to enforce these Terms or collect unpaid invoices, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs.

12. General Provisions

12.1 Independent Contractor: The relationship between Arcos Multimedia Group, LLC and the Client is strictly that of an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

12.2 Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

12.3 Entire Agreement: These Terms, together with any executed Statement of Work, constitute the entire understanding between the parties with respect to the subject matter hereof, superseding all prior oral or written agreements.