Terms of Use

1) Who We Are & How to Contact Us

Custom Website For You
[Your legal business name if different]
[Street Address], [City, State/Province, ZIP/Postal], [Country]
Email: kenny@customwebsiteforyou.com  |  Phone: (805) 732-4561

2) Eligibility & Accounts

• You must be at least the age of majority in your jurisdiction to use our site or engage our services.
• Where accounts/portals are provided, you are responsible for safeguarding credentials and for all activity under your account.

3) Permitted Use of Our Website

You may browse, request quotes, and learn about our services. You agree not to:

• Infringe intellectual property or privacy rights;
• Upload or transmit malware or attempt to disrupt security or availability;
• Scrape or harvest data except via documented, permitted means;
• Use the site for unlawful, harmful, or misleading purposes.

We may suspend or block access for suspected violations.

4) Proposals, Projects & Change Management

Work is typically governed by a proposal, statement of work (SOW), or order form (collectively, “Order”). An Order specifies scope, deliverables, timeline, fees, and assumptions. Changes to scope require written approval and may adjust fees or schedule.

• Client Responsibilities. Provide timely feedback, access, and materials; designate a primary contact; ensure you have rights to any content you supply.
• Approvals. Milestones may require written or email approval to proceed.
• Delays. If client delays exceed [10] business days, we may pause the project and reschedule based on availability; additional fees may apply.

5) Content You Provide

You represent that you own or have valid licenses for all content you supply and that it does not violate rights or laws. You grant CW4U a non-exclusive license to use, reproduce, modify, and display such content solely to perform the services and operate the deliverables.

6) Intellectual Property & License to You

• Agency IP & Tools. Our pre-existing methods, libraries, templates, and processes remain our property.
• Deliverables. Upon full payment, we grant you a worldwide, non-exclusive, perpetual license to use the final deliverables for your business. We may retain copies for records and portfolio.
• Third-Party & Open-Source. Deliverables may include third-party or open-source components subject to their own licenses (e.g., WordPress, plugins, fonts). You agree to comply with their terms.
• Portfolio Display. Unless you opt out in writing, you grant us permission to display your project, name, and non-confidential visuals in our portfolio and marketing.

7) Fees, Invoicing & Taxes

• Fees and payment schedules are defined in the Order. Unless stated otherwise, invoices are due upon receipt.
• Late payments may incur the lesser of 1.5% per month or the maximum allowed by law, plus reasonable collection costs.
• Quoted fees exclude taxes, duties, and government charges, which you are responsible to pay.

8) Cancellations, Pauses & Refunds

• You may cancel with written notice. You remain responsible for fees for work performed to date, committed costs, and minimums specified in the Order.
• If we pause due to missing inputs for more than [30] days, we may invoice for work completed and reschedule remaining work.
• Deposits or setup fees may be non-refundable if stated in the Order.

9) Hosting, Maintenance & Third-Party Services

• Hosting. If hosting is provided, uptime, bandwidth, and storage are subject to the host’s terms and network conditions.
• Maintenance. Ongoing updates, backups, and support require an active maintenance plan; otherwise, post-launch changes are billable.
• Third Parties. We may recommend or integrate with services (e.g., plugins, analytics, email). Your use is governed by their terms, and availability is outside our control.

10) Accessibility, SEO & Performance

We design with accessibility, performance, and SEO best practices appropriate to scope; however, results can vary due to hosting, content, third-party scripts, and future changes. We do not guarantee specific rankings, scores, or outcomes unless expressly stated in an Order.

11) Confidentiality

Each party may access the other’s confidential information. The receiving party will protect it and use it only for the project. These duties do not apply to information that is public, independently developed, or obtained lawfully without duty of confidentiality.

12) Privacy

Your use of our site and services is also governed by our Privacy Policy. If we process personal data on your behalf, a separate data processing addendum (DPA) may apply.

13) Warranties & Disclaimers

• We warrant that we will perform services in a professional and workmanlike manner consistent with industry standards.
• EXCEPT AS EXPRESSLY STATED, THE SITE, SERVICES, AND DELIVERABLES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE. EXCEPT FOR YOUR PAYMENT OBLIGATIONS, IP INFRINGEMENT, OR INDEMNITY DUTIES, EACH PARTY’S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE TO CW4U FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT.

15) Indemnification

You will defend, indemnify, and hold CW4U harmless from claims, damages, and costs arising out of (a) content you supply; (b) your misuse of the site or services; or (c) your breach of these Terms or applicable law.

16) DMCA / Copyright Complaints

If you believe content on our site infringes your copyright, send a notice to kenny@customwebsiteforyou.com with: (i) your contact info; (ii) a description of the work; (iii) the URL of the allegedly infringing material; (iv) a statement of good-faith belief; and (v) a statement under penalty of perjury that the information is accurate and that you are authorized to act. We may remove content in our discretion.

17) Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control (e.g., natural disasters, outages, war, strikes, governmental actions), provided the affected party uses reasonable efforts to resume performance.

18) Changes to These Terms

We may update these Terms from time to time. The “Last updated” date above reflects the latest version. If changes are material, we may provide additional notice. Continued use after changes means you accept the updated Terms.

19) Governing Law & Dispute Resolution

20) Miscellaneous

• Entire Agreement. These Terms together with the Order (and any DPA/NDA) are the entire agreement for the relevant services.
• Order of Precedence. If there is a conflict, the Order controls, then these Terms.
• Assignment. You may not assign without our consent; we may assign in connection with a merger or sale.
• No Waiver. Failure to enforce a provision is not a waiver.
• Severability. If any provision is unenforceable, the rest remains in effect.
• Notices. We may send notices to the email you provide; you may send notices to kenny@customwebsiteforyou.com.
• Electronic Acceptance. You agree that electronic approvals, e-signatures, and emails constitute written consent.

21) Contact

Questions about these Terms? Contact kenny@customwebsiteforyou.com or call (805) 732-4561.