—SECTION 1—

Services Provided:

We offer a variety of web design and digital marketing services, including, but not limited to, website design and development, Search Engine Optimization (SEO), content management, website updates, performance monitoring, and other related services (“Services”).

Scope of Work:

The Services to be provided will be defined in the individual project proposal or agreement. Services may include, but are not limited to, SEO optimization, website design, content updates, performance monitoring, and website maintenance. Additional services outside the agreed scope may incur additional fees. Any modifications to the scope of work must be agreed upon in writing.

Ownership and Intellectual Property:

Website Content: Upon full payment for the Services, the Client retains ownership of the website content, including text, images, logos, and other materials provided by the Client. Website Design and Code: The design and development code remain the property of the Service Provider until full payment has been received. Once full payment is made, the Client will have the right to use the website as they see fit. Third-Party Tools and Software: Any third-party software, tools, or plugins used on the website are subject to their respective licenses and are not owned by the Client or Service Provider.

Term and Termination: 

This Agreement will begin on the effective date and continue on a monthly basis until terminated by either party. Either party may terminate this Agreement. In the event of termination, the Client is responsible for paying any outstanding fees for services rendered up to the termination date. The Service Provider may terminate this Agreement immediately if the Client fails to make timely payments, engages in illegal activities, or violates the terms outlined in this Agreement.

Payment and Fees:

Monthly Subscription: Client agrees to pay a monthly fee for the Services rendered, as outlined in the proposal or agreement. Payments are due on monthly on the monthly anniversary of the first payment, and every month thereafter until cancellation or termination. There is no cancellation fee. No refunds will be given for previous months in your subscription.

Client Responsibilities:

The Client agrees to provide timely feedback and necessary information to complete the project. The Client is responsible for securing all necessary licenses and permissions for content, including images, videos, and text, used on the website. The Client agrees to keep their account information (usernames, passwords, etc.) confidential and promptly notify the Service Provider of any security issues or breaches.

Limitation of Liability: 

The Service Provider will not be liable for any damages, including indirect, incidental, or consequential damages, arising from the use or inability to use the website, the Services, or any delay or interruption in the Services. The Client agrees to indemnify and hold harmless the Service Provider from any claims, damages, or liabilities arising out of the Client’s use of the website.

Use of AI Tools:

The Service Provider may utilize AI-based tools as part of the content creation and optimization process, such as for generating content ideas, research, or drafts. However, AI is used solely as a tool to assist and enhance our services, and we do not rely on it for the complete creation of website content, including blog posts or other written material. All blog posts, articles, and other written content are crafted by our team of professional writers, who ensure that the content is tailored to your brand, audience, and goals.

While AI can assist in streamlining certain processes, the final content produced will always be reviewed, edited, and approved by our team to ensure high-quality, original, and engaging material that aligns with your objectives.

SEO Disclaimer:

The Client understands and acknowledges that Search Engine Optimization (SEO) is not an exact science, and there are numerous factors outside the control of the Service Provider that can affect SEO outcomes. These factors include, but are not limited to, changes in search engine algorithms, competitive actions, and external market conditions. While the Service Provider will employ best practices and strategies to improve the website’s visibility and search engine rankings, the Service Provider cannot guarantee specific results, such as rankings, traffic, or conversions.

SEO is an ongoing process that requires time and may take several months before noticeable improvements are seen. The Service Provider will provide regular updates and reports regarding SEO efforts, but the Client agrees that no specific or immediate outcome can be assured.

—SECTION 2 FILE TRANSFER TERMS—

The following applies to the transferring of site files to the client. Including but not limited to hosting, cpanel credentials, WHM access, WordPress Access and login credentials and any logins non-specified for the website itself or any plugins. With this process, the service provider “Metalmancer Web Design” will no longer be managing the website and all necessary files will be granted to the client.

1. No Additional Support:

You understand and accept that, upon receiving the files, no further support, updates, or modifications to the Website will be provided by the Service Provider. Any assistance with setup, maintenance, or troubleshooting must be handled independently by you or through another provider.

2. Responsibility for Website Management:

You agree that you are responsible for the successful implementation of the Website on your chosen hosting and domain registrar. This includes managing any technical aspects related to hosting, domain configuration, and any other related services.

3. Limitation of Liability:

You acknowledge that the Service Provider is not liable for any issues that may arise after the file transfer, including but not limited to problems with the Website’s functionality, compatibility issues, or challenges related to hosting and domain management.

4. Completion to Specifications:

You confirm that the e-commerce website has been completed in accordance with the specifications and requirements that you provided. The Service Provider has delivered the project exactly as outlined in the agreed scope of work, and you are satisfied with the final product.

5. Project Completion and Satisfaction:

You affirm that the e-commerce website has been delivered in full compliance with the specifications, requirements, and feedback provided by you throughout the project. The Service Provider has completed the project as per the agreed scope of work, and you have had the opportunity to review and approve the final deliverables. Your acknowledgment of receipt and agreement to these terms confirms your satisfaction with the project’s completion according to the agreed-upon criteria.

6. Confidentiality:

You agree to keep any proprietary or confidential information related to the Website and its development confidential. This includes any design elements, source code, and business information.

7. Payment Dispute Policy:

You acknowledge that the payment is non-refundable. If a payment dispute or claim is initiated, you understand that access and any rights to the website, files and domain will be forfeited.

8. Governing Law:

This agreement shall be governed by and construed in accordance with applicable laws, without regard to its conflict of law principles.

9. Entire Agreement:

This agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, relating to the subject matter herein.

10. Amendments:

Any amendments to this agreement must be made in writing and signed by both parties.

11. Responsibility for Use:

You agree that once the files are transferred, you are solely responsible for their use, including any issues related to hosting, functionality, or compatibility with other services. The Service Provider is not liable for any problems arising after, before or during the transfer.