Terms of Service

WebFoundry provides website design and development services primarily for businesses and organizations.

Our services may include:

• Website design
• Website development
• Responsive desktop and mobile design
• Business information pages
• Contact forms
• Social media integration
• Business hours and location information
• Galleries and portfolios
• Testimonials and review sections
• Basic search engine optimization (SEO) setup
• Basic analytics setup
• Domain connection assistance
• Website deployment
• Other website-related services agreed upon by WebFoundry and the Client

The exact services included in a project depend on the package purchased or the custom quote accepted by the Client.

WebFoundry does not guarantee that a website will generate a specific amount of traffic, leads, sales, revenue, search-engine rankings, or other business results.

WebFoundry currently offers two standard website packages.

WebFoundry may modify package features or pricing for future projects. The package and price agreed to at the time of purchase will govern that Client's project.

For purposes of these Terms, a “page” means a distinct website URL or primary website destination.

Sections within a single page do not count as separate pages.

For example, a homepage containing a hero section, services section, about section, testimonials, contact call-to-action, and footer is still considered one page.

If a Client requests additional pages beyond the package limit, WebFoundry may charge an additional fee or provide a custom quote.

Projects that fall outside the standard packages may be handled as custom projects.

Examples may include:

• E-commerce functionality
• Online booking systems
• Advanced forms
• Membership systems
• Customer portals
• Complex integrations
• Large websites
• Websites requiring more than the included page limits
• Advanced databases or application functionality
• Specialized third-party integrations
• Other features requiring substantial additional development

Before beginning a custom project, WebFoundry will provide the Client with a quote or project agreement describing the expected scope and price.

Custom work will not be considered included in a standard package unless WebFoundry expressly agrees to include it in writing.

A project begins when WebFoundry and the Client agree on the project scope, pricing, and applicable terms.

Quotes are based on the information provided by the Client. If the Client later requests additional work or changes the agreed scope, WebFoundry may provide an additional quote.

WebFoundry is not required to perform work outside the agreed scope without additional payment.

Unless otherwise agreed in writing, WebFoundry uses a 50/50 payment structure.

The Client must pay:

• 50% of the total project price before work begins
• The remaining 50% before the completed website is launched

WebFoundry is not required to begin work until the initial 50% payment has been received.

The final payment is due once the website has been completed and is ready for launch.

WebFoundry may withhold website launch, transfer, deployment, or other final deliverables until the remaining balance has been paid in full.

Payments may be processed through third-party payment providers.

WebFoundry does not store complete payment-card information unless expressly stated otherwise.

Payment providers may have their own terms and privacy policies, and the Client may be subject to those providers' terms when making a payment.

The Client is responsible for providing WebFoundry with the information and materials reasonably necessary to complete the project.

Depending on the project, this may include:

• Business name
• Business description
• Services offered
• Business address
• Phone number
• Email address
• Business hours
• Logo
• Brand colors
• Brand fonts
• Business photographs
• Product or service photographs
• Team information
• Service descriptions
• About information
• Social media links
• Testimonials or reviews
• Domain information
• Other requested website content

The Client is responsible for ensuring that all information provided to WebFoundry is accurate, current, and lawful to use.

The Client represents that they have the necessary rights, permissions, licenses, or authorization to provide WebFoundry with any text, images, logos, videos, testimonials, trademarks, photographs, or other materials supplied for use on the website.

The Client is responsible for obtaining permission to use third-party content.

WebFoundry is not responsible for claims arising from the Client's unauthorized use of content or materials.

WebFoundry may refuse to use content that it reasonably believes may violate the law, infringe another party's rights, or create an unreasonable risk.

Project timelines depend on the Client providing required information, materials, feedback, approvals, and payments in a timely manner.

If the Client delays providing necessary materials, feedback, approvals, or payment, the project deadline may be extended.

WebFoundry is not responsible for delays caused by:

• Late Client responses
• Missing Client content
• Delayed approvals
• Late payments
• Third-party services
• Domain issues
• Hosting issues
• Technical problems outside WebFoundry's reasonable control
• Other circumstances outside WebFoundry's control

A revision round allows the Client to review the website and provide a consolidated list of requested changes.

The Essential package includes one revision round.

The Professional package includes two revision rounds.

Revision rounds are intended for reasonable changes to the agreed project scope.

Examples of normal revisions may include:

• Changing text
• Adjusting images
• Minor layout changes
• Adjusting spacing
• Changing colors
• Making reasonable design adjustments

A revision does not include completely redesigning the project, adding new pages, adding major functionality, or changing the original project scope.

Additional revisions or out-of-scope changes may require an additional fee.

The Client is responsible for reviewing the website and identifying errors or requested changes during the revision process.

Once the Client approves the website or the included revision rounds have been completed, additional changes may be treated as additional work.

The Client is ultimately responsible for verifying that business information, prices, contact information, addresses, hours, legal statements, and other Client-provided information are accurate before launch.

The website will generally be launched after:

• The agreed website has been completed;
• Included revisions have been completed;
• The Client has had an opportunity to review the website; and
• The final 50% payment has been received.

WebFoundry may delay launch if the Client has an unpaid balance or has not provided information necessary for launch.

The Client may be required to purchase and maintain certain third-party services, including:

• Domain registration
• Hosting
• Email services
• Payment processing
• Analytics services
• Booking services
• Other third-party software or services

Unless specifically included in a written agreement, third-party fees are not included in WebFoundry's project price.

The Client is responsible for ongoing fees charged by third-party providers.

WebFoundry may assist with connecting these services but does not control the policies, pricing, availability, or performance of third-party providers.

Unless otherwise agreed in writing, after the Client has paid the project in full, the Client receives ownership of the final website design and website-specific content created specifically for the Client.

WebFoundry retains ownership of:

• WebFoundry's pre-existing materials
• Reusable design systems
• General development techniques
• Templates
• Frameworks
• Code libraries
• Tools
• Processes
• Know-how
• Third-party materials
• Open-source software
• Other materials not created exclusively for the Client

Payment does not transfer ownership of third-party software, frameworks, services, or licenses.

Unless the Client requests otherwise in writing before the project is completed, WebFoundry may display the completed website and publicly available portions of the project in its portfolio, website, social media, promotional materials, and marketing.

WebFoundry will not intentionally publish confidential information that the Client has specifically identified as confidential.

WebFoundry will make reasonable efforts to produce a functional and responsive website.

However, WebFoundry does not guarantee uninterrupted operation or specific performance results because website functionality may depend on hosting providers, browsers, domain providers, APIs, third-party services, internet connections, or other systems outside WebFoundry's control.

WebFoundry does not guarantee specific Google rankings, search traffic, conversion rates, sales, leads, revenue, or other business outcomes.

WebFoundry may use artificial intelligence-assisted tools, software, templates, development platforms, or other technologies as part of its design and development process.

The use of such tools does not change WebFoundry's responsibility to deliver the agreed project.

Third-party tools and platforms may have their own terms, limitations, and policies.

Because website projects involve time, planning, design, development, and other work performed specifically for the Client, payments are generally non-refundable once work has begun, except where otherwise required by applicable law or expressly agreed by WebFoundry.

If a Client cancels before work begins, WebFoundry may determine whether the initial payment is refundable based on the circumstances and any work already performed.

If WebFoundry is unable to complete a project for reasons within WebFoundry's control, WebFoundry will work with the Client to determine an appropriate resolution, which may include completing the project, rescheduling the project, or providing a refund for work not performed.

If a Client becomes unresponsive for an extended period, WebFoundry may pause or close the project.

Before closing a project, WebFoundry may attempt to contact the Client using the contact information provided.

If the Client later requests that an abandoned project be resumed, additional fees or a revised timeline may apply.

Either party may terminate a project when reasonably necessary.

If a project is terminated after work has begun, the Client remains responsible for payment for work already performed and any non-cancellable third-party costs incurred for the project.

If the Client has already paid more than the amount earned for work performed, WebFoundry may issue an appropriate refund at its discretion, subject to applicable law and the project agreement.

The Client may not request or use WebFoundry's services to create websites or content that facilitate unlawful activity, fraud, impersonation, infringement of intellectual-property rights, malicious activity, or other prohibited conduct.

WebFoundry reserves the right to refuse or terminate projects involving unlawful or abusive activity.

If WebFoundry receives a credible claim that Client-provided content or requested website functionality infringes another party's rights, WebFoundry may suspend the affected work until the matter is resolved.

The Client remains responsible for content and materials supplied by the Client.

WebFoundry will make reasonable efforts to keep non-public Client business information confidential and will not intentionally disclose confidential information except when reasonably necessary to provide the services, comply with the law, protect WebFoundry's rights, or operate necessary third-party services.

The Client should not provide WebFoundry with highly sensitive information that is unnecessary for the project.

To the maximum extent permitted by applicable law, WebFoundry will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to the services.

To the maximum extent permitted by law, WebFoundry's total liability relating to a project will not exceed the total amount actually paid to WebFoundry for that project.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited.

WebFoundry provides website design and development services, not guaranteed business results.

WebFoundry does not guarantee:

• Increased sales
• Increased revenue
• Increased traffic
• Increased customers
• Search-engine rankings
• Specific advertising results
• Specific conversion rates
• Business growth
• Any particular return on investment

WebFoundry will not be responsible for delays or failures caused by circumstances outside its reasonable control, including major technical failures, internet outages, third-party service outages, natural disasters, governmental actions, or other unforeseeable circumstances.

WebFoundry may update these Terms from time to time.

Updated Terms will be posted on the WebFoundry website with a revised effective date.

Changes will generally apply to future projects unless otherwise required by law.

These Terms will be governed by the laws of the state in which WebFoundry is legally organized, without regard to conflict-of-law principles, unless applicable law requires otherwise.

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

These Terms, together with any written project agreement, quote, invoice, or other written agreement expressly incorporated into the project, constitute the agreement between WebFoundry and the Client regarding the applicable services.

If there is a conflict between these Terms and a specific written project agreement, the specific project agreement will control to the extent of the conflict.

Questions regarding these Terms may be directed to:

WebFoundry

Website: https://webfoundry.design

Email: contact@webfoundry.design

Last Updated: [Insert Date]