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SiteBuilder Design

Terms of Service

Last updated: January 2025

1. Agreement to Terms

By accessing or using the website and services provided by SiteBuilder Design ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our website or services.

These Terms apply to all visitors, users, and clients of SiteBuilder Design's website and services.

2. Services

SiteBuilder Design is a digital media agency that provides services including but not limited to:

  • Website design and development
  • Ecommerce solutions
  • AI and automation integration
  • Digital strategy and consulting
  • Business profile management
  • Search engine optimization (SEO)
  • Content creation and management
  • Digital advertising and marketing

The specific scope of services will be outlined in individual project agreements, proposals, or statements of work between SiteBuilder Design and the client.

3. Client Responsibilities

As a client of SiteBuilder Design, you agree to:

  • Provide accurate and complete information necessary for us to deliver our services.
  • Respond to requests for approvals, content, and feedback in a timely manner.
  • Ensure that any materials you provide, including text, images, and logos, do not infringe on any third-party intellectual property rights.
  • Maintain the confidentiality of any account credentials we provide to you.
  • Use our services in compliance with all applicable laws and regulations.

4. Payment Terms

  • Payment terms will be outlined in individual project agreements or proposals.
  • Unless otherwise agreed upon, invoices are due within 14 days of issue.
  • A deposit may be required before work begins on a project.
  • Late payments may be subject to a late fee of 1.5% per month on the outstanding balance.
  • We reserve the right to suspend or terminate services if payment is not received in a timely manner.
  • All fees are non-refundable unless otherwise stated in the project agreement.

5. Intellectual Property

5.1. Our Intellectual Property

All content, designs, code, tools, frameworks, and methodologies created by or belonging to SiteBuilder Design remain our intellectual property unless explicitly transferred in writing. This includes proprietary systems, templates, and processes used in the delivery of our services.

5.2. Client Intellectual Property

Upon full payment for the agreed-upon services, the client will receive ownership or a license to use the deliverables as outlined in the project agreement. SiteBuilder Design reserves the right to showcase completed work in our portfolio unless otherwise agreed upon in writing.

5.3. Third-Party Assets

Some projects may incorporate third-party assets such as stock images, fonts, plugins, or software. These assets are subject to their respective licenses, and the client is responsible for complying with those license terms.

6. Project Timelines & Delivery

  • Estimated timelines will be provided in the project agreement or proposal.
  • Timelines are estimates and may be affected by factors including client responsiveness, scope changes, and third-party dependencies.
  • Delays caused by the client, such as late content delivery or delayed feedback, may extend the project timeline.
  • SiteBuilder Design will make reasonable efforts to meet agreed-upon deadlines and will communicate any anticipated delays.

7. Revisions & Changes

The number of revisions included in a project will be specified in the project agreement. Additional revisions beyond the agreed-upon scope may incur additional charges.

Significant changes to the project scope after work has begun may require a revised proposal and adjusted pricing and timeline.

8. Termination

Either party may terminate a project or service agreement by providing written notice. In the event of termination:

  • The client is responsible for payment of all work completed up to the date of termination.
  • Any deposits paid are non-refundable.
  • SiteBuilder Design will provide the client with any completed deliverables upon receipt of full payment for work performed.
  • SiteBuilder Design reserves the right to terminate services immediately if the client breaches these Terms.

9. Hosting & Ongoing Maintenance

If SiteBuilder Design provides hosting or ongoing maintenance services:

  • These services are provided on a subscription or retainer basis as outlined in the service agreement.
  • We will make reasonable efforts to ensure uptime and availability but do not guarantee 100% uptime.
  • We are not liable for downtime caused by third-party providers, force majeure, or circumstances beyond our control.
  • The client is responsible for maintaining backups of their own content unless backup services are included in their agreement.

10. Limitation of Liability

To the fullest extent permitted by law, SiteBuilder Design shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with our services.

Our total liability for any claim arising out of or relating to our services shall not exceed the total amount paid by the client for the specific service giving rise to the claim.

SiteBuilder Design does not guarantee specific results such as search engine rankings, traffic increases, or revenue growth from our services, as these depend on numerous factors beyond our control.

11. Warranties & Disclaimers

Our services are provided "as is" and "as available." SiteBuilder Design makes no warranties, express or implied, regarding the merchantability, fitness for a particular purpose, or non-infringement of our services.

While we strive to deliver high-quality work, we do not warrant that our services will be error-free, uninterrupted, or free of viruses or other harmful components.

12. Indemnification

You agree to indemnify and hold harmless SiteBuilder Design, its owners, employees, and contractors from any claims, damages, losses, or expenses including reasonable legal fees arising out of your use of our services, your breach of these Terms, or your violation of any third-party rights.

13. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the working relationship. This obligation survives the termination of any agreement between the parties. Confidential information does not include information that is publicly available or was known to the receiving party prior to disclosure.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which SiteBuilder Design operates, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved through good-faith negotiation, and if necessary, through binding arbitration or in the courts of the applicable jurisdiction.

15. Changes to These Terms

SiteBuilder Design reserves the right to update or modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our website or services after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

16. Contact Us

If you have any questions about these Terms of Service, please contact us:

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