Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website, products, and services offered by Buteo Systems ("Buteo Systems," "we," "us," or "our"). By engaging our services, creating an account, submitting a contact or booking request, or making a payment, you agree to these Terms.

1. Services Overview

Buteo Systems is a digital product and software services company. We provide professional services including, but not limited to:

• SEO and Generative Engine Optimization (GEO)
• WordPress website design and development
• Shopify e-commerce storefront builds
• Custom React and Next.js web applications
• Custom software development (mobile apps, AI integrations, internal tools, and related deliverables)

Services are offered through tiered packages (Nest, Flight, and Talon) and through custom scoped engagements. Specific scope, timeline, and pricing are defined in your proposal, statement of work ("SOW"), invoice, or service agreement.

2. One-Time Deliverables

One-time services are fixed-scope engagements with a defined deliverable and completion date — for example, an SEO audit, a website build, or a software MVP. Unless otherwise stated in writing:

• Payment is due according to the schedule in your SOW or invoice (typically a deposit before work begins and balance upon delivery or per agreed milestones).
• All fees are quoted in U.S. dollars (USD) unless otherwise specified.
• Work begins after payment of any required deposit and receipt of materials we need from you (brand assets, credentials, content, etc.).
• Deliverables are considered accepted if you do not provide written rejection with specific deficiencies within 14 calendar days of delivery notification.
• Requests for changes outside the agreed scope may require a change order and additional fees.

3. Monthly Subscription Services

Subscription services are ongoing engagements billed on a recurring monthly basis — for example, monthly SEO and GEO management. Unless otherwise stated in writing:

• Subscriptions renew automatically each billing period until cancelled.
• Payment is charged at the start of each billing cycle.
• You may cancel by providing written notice to info@buteosystems.com before the next billing date. Cancellation takes effect at the end of the current paid period; no partial-month refunds are provided unless required by law.
• We may adjust subscription pricing with at least 30 days' written notice. Continued use after the effective date constitutes acceptance of the new pricing.
• We may suspend or terminate a subscription for non-payment, material breach, or abusive conduct after reasonable notice when practicable.

4. Consultations and Bookings

Free or paid consultations scheduled through our website (including via Cal.com or similar tools) are for discovery and scoping purposes. Consultations do not obligate either party to enter a paid engagement unless a separate agreement is signed or payment is made for a defined service.

5. Client Responsibilities

You agree to:

• Provide accurate information and timely access to accounts, content, and stakeholders needed to perform the work.
• Review and approve deliverables, feedback, and change requests within reasonable timeframes so we can meet project schedules.
• Ensure you have rights to any content, trademarks, or materials you supply to us.
• Maintain security of credentials shared with you and notify us promptly of unauthorized access.
• Comply with applicable laws, including those governing your business, marketing, and data collection practices.

Delays caused by missing client inputs may extend timelines and are not our responsibility. We are not liable for performance issues caused by third-party platforms you control (e.g., hosting, domain registrars, Shopify, WordPress plugins, payment processors).

6. Payment, Late Fees, and Taxes

• Invoices are due on the date stated on the invoice unless otherwise agreed in writing.
• Late payments may incur a fee of 1.5% per month (or the maximum permitted by law) on overdue balances and may result in paused work or suspended subscriptions.
• You are responsible for applicable sales, use, or similar taxes unless we state otherwise. We will collect tax where we are legally required to do so.
• Payment processing may be handled by third-party providers (e.g., Stripe). Your use of those services is subject to their terms.

7. Refunds

Because our work is professional and custom in nature, fees are generally non-refundable once work has commenced, except as required by law or as explicitly stated in your SOW. If you cancel before work begins, we may refund amounts paid minus any non-recoverable costs already incurred. Subscription fees are not refunded for partial billing periods.

8. Intellectual Property

Your materials: You retain ownership of content, trademarks, and materials you provide to us. You grant us a license to use them solely to perform the services.

Deliverables: Upon full payment of all fees due for a one-time engagement, you receive ownership of the custom deliverables created specifically for you (e.g., custom code, designs, copy written for your project), as defined in your SOW. We retain ownership of our pre-existing tools, frameworks, libraries, methodologies, and general know-how.

Our property: The Buteo Systems name, logo, website, internal tools, and non-client-specific assets remain our exclusive property. We may display completed work in our portfolio and marketing unless you request otherwise in writing before delivery.

Third-party components: Deliverables may include open-source or licensed third-party software subject to their own terms. We will use commercially reasonable efforts to identify material third-party dependencies.

9. Confidentiality

Each party agrees to keep confidential non-public business, technical, and financial information received from the other party, and to use it only for performing obligations under the engagement. This does not apply to information that is publicly available, independently developed, or rightfully received from a third party without restriction.

10. Third-Party Services

Our deliverables often integrate with or depend on third-party services — including hosting providers, cloud platforms (AWS, Vercel, Fly.io), Shopify, WordPress, analytics tools, and AI platforms. We do not control those services and are not responsible for their availability, pricing, policy changes, or outages. You are responsible for maintaining your own accounts, subscriptions, and compliance with third-party terms.

11. Disclaimers

Except as expressly stated in a signed SOW, our services are provided "as is". We do not guarantee specific business outcomes — including search rankings, revenue, traffic, AI citation placement, or conversion rates. Digital marketing and software results depend on many factors outside our control.

We do not warrant that the website, deliverables, or hosting environments will be uninterrupted or error-free. We will use commercially reasonable skill and care in performing the services.

12. Limitation of Liability

To the maximum extent permitted by law, Buteo Systems and its officers, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, arising from or related to these Terms or our services.

Our total aggregate liability for any claim arising from a specific engagement shall not exceed the fees paid by you to us for that engagement in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify and hold harmless Buteo Systems from claims, damages, and expenses (including reasonable attorneys' fees) arising from your materials, your use of deliverables, your violation of these Terms, or your violation of applicable law — including claims that content you supplied infringes third-party rights.

14. Termination

Either party may terminate an engagement for material breach if the breach is not cured within 15 days of written notice. We may terminate immediately for non-payment or conduct that is unlawful, abusive, or harmful to our team or reputation. Upon termination, you pay for work performed through the termination date. Sections that by nature should survive (payment, IP, confidentiality, disclaimers, limitation of liability, and governing law) will survive termination.

15. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page will reflect the revision. Material changes will be posted on this page; continued use of our services after changes become effective constitutes acceptance. Active paid engagements are governed by the Terms in effect at the time of agreement unless otherwise stated.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any dispute arising from these Terms or our services shall be brought exclusively in the state or federal courts located in Harris County, Texas, and each party consents to that jurisdiction.

17. General

• Entire agreement: These Terms, together with your SOW or invoice, constitute the entire agreement for the applicable services unless a separate signed agreement states otherwise.
• Severability: If any provision is unenforceable, the remaining provisions remain in effect.
• No waiver: Failure to enforce a provision is not a waiver of that provision.
• Assignment: You may not assign your rights without our written consent. We may assign our rights in connection with a merger, acquisition, or sale of assets.

18. Contact

Questions about these Terms may be directed to:

• Email: info@buteosystems.com
• Buteo Systems · Houston, TX

See also our Policies.