Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") are an agreement between Chisholm Web Solutions ("Chisholm," "we," "us" or "our") and you, either as an individual or on behalf of the business you represent ("you" or "Client").

By using this website, approving a quote, paying a deposit or signing up for hosting, you agree to these Terms and to our Privacy Policy. If you're agreeing on behalf of a business, you confirm you have authority to do so. If you don't agree, please don't use our website or Services.

2. Definitions

• "Services" means the website design, development, hosting, domain management and related services we provide.
• "Quote" means the written proposal, estimate or statement of work we send you describing a project's scope, price and timeline.
• "Project" means the work described in an approved Quote.
• "Deliverables" means the final website and files we create for you under a Project.
• "Client Materials" means anything you provide to us, such as text, logos, photos, videos, product information and account access.
• "Hosting Plan" means our monthly Hosting or Hosting Plus service.

3. Quotes and project scope

• Written quotes. Before any Project begins, we'll send you a Quote. Package prices on our website are starting prices. Your Quote sets the final price based on your needs.
• Fixed pricing. The price in your approved Quote won't change unless you request work outside its scope (see Section 7).
• Validity. Quotes are valid for 30 days from the date we send them.
• Approval. A Quote is approved when you confirm in writing (email is fine) and we receive your deposit.
• Order of priority. If a Quote or signed agreement conflicts with these Terms, the Quote or signed agreement controls for that Project.

4. Your responsibilities

Great websites are a team effort. You agree to:

• Provide Client Materials, feedback and approvals promptly and in usable formats;
• Make sure your Client Materials are accurate and lawful, and that you own or have permission to use everything you send us, including photos, logos, fonts and written content;
• Give us access to accounts we need (such as your domain registrar or Google Business Profile), and keep your own login details secure;
• Review your website before launch and tell us about anything that needs fixing;
• Make sure your website's content, offers, privacy policy and business practices comply with the laws that apply to your business; and
• Keep your own backup copies of important Client Materials.

5. Timelines and delays

• Estimates. Timelines in your Quote and on our website (for example, "1–2 weeks") are good-faith estimates. They begin once we've received your deposit and the Client Materials needed to start.
• Your delays. If we're waiting on content, feedback or approvals from you, the timeline extends by at least the same amount of time.
• Inactive projects. If we don't hear from you for 30 days while waiting on something we need, we may pause the Project. After 60 days of no response, we may close it. Restarting a closed Project may require an updated Quote.
• Our delays. If we expect to miss an estimated date, we'll let you know as early as we can, along with a new date.

6. Payment

6.1 Build projects

• Deposit: 50% of the Project price is due to begin work. The deposit reserves your spot in our schedule and covers initial planning and design. It is non-refundable once work has begun.
• Balance: the remaining 50% is due when your website is approved and ready to launch. We launch your website and transfer final files once payment is received.

6.2 Hosting Plans

• Hosting Plans are billed monthly in advance, starting on the date your website goes live on our hosting or the date you sign up, whichever comes later.
• By signing up, you authorize us (through our payment provider) to charge your payment method each month until you cancel.

6.3 General payment terms

• Due date. Invoices are due within 14 days unless your invoice says otherwise.
• Late payments. Overdue amounts may incur a late fee of 1.5% per month, or the maximum allowed by law if lower. We may pause work, delay launch or suspend hosting for invoices more than 15 days overdue, after giving you notice by email.
• Taxes. Prices don't include sales tax. Where Texas or other law requires it, applicable sales tax will be added to your invoice.
• Disputes and chargebacks. If you have a billing concern, please contact us first so we can make it right. Filing a chargeback for Services already delivered is a breach of these Terms.
• Payment processing. Payments are handled by our third-party payment provider. We never see or store your full card or bank account numbers.

7. Revisions and changes

• Included revisions. Each package includes a set number of revision rounds: Starter (1), Business (2) and Pro (3), unless your Quote says otherwise. A "round" is one consolidated list of changes to work we've presented.
• Additional revisions. Rounds beyond those included, or changes after you've approved a design or page, are available at an additional cost that we'll quote in writing before doing the work.
• Scope changes. New pages, features or functionality not in your Quote are "change requests." We'll quote each one in writing, and may adjust the timeline, before starting.

8. Approval and launch

• When your website is ready, we'll ask you to review and approve it. Please check all content, links and forms carefully.
• If you don't respond with approval or a list of fixes within 10 days of our request, the website is considered approved, and the final balance becomes due.
• After launch, you're responsible for content changes you make yourself and their effects on the website.

9. Ownership

• Your website. Once you've paid for a Project in full, you own the final Deliverables, including the design, code and content we created specifically for you, and you may use, change or move them however you like.
• Before full payment. Until you've paid in full, Chisholm owns the Deliverables and you may not publish or use them.
• Your materials. You keep ownership of your Client Materials. You give us permission to use them only as needed to provide the Services.
• Our tools. We may use our own pre-existing code snippets, templates, techniques and know-how ("Chisholm Tools") to build your website. We keep ownership of the Chisholm Tools, and you receive a permanent, royalty-free license to use them as part of your website.
• Third-party items. Fonts, stock images, plugins and other third-party items remain subject to their own licenses, which we'll pass through to you.
• Portfolio. We will only feature your website, name or logo in our portfolio, case studies or marketing with your permission.

10. Hosting plans

10.1 What's included

• Hosting ($25/month): hosting for your website, an SSL certificate, uptime monitoring, domain and DNS management, fixes if your website stops working because of a problem with our hosting or our code, and email support.
• Hosting Plus ($50/month): everything in Hosting, plus up to 30 minutes of content edits per month, priority response and a monthly traffic report. Unused edit time doesn't roll over. Edits beyond 30 minutes are quoted before we start.

Hosting Plans cover websites we built. We may agree to host other websites at our discretion.

10.2 What's not included

Unless agreed in writing, Hosting Plans don't include new features, redesigns, fixing problems caused by changes made by you or others, third-party service outages, or business email hosting.

10.3 Availability

We use reputable hosting providers and work to keep your website online, but no host can promise 100% uptime. Brief outages may happen for maintenance or reasons outside our control. We'll work to restore service as quickly as reasonably possible.

10.4 Acceptable use

You may not use our hosting for anything illegal, harmful or abusive, including malware, spam, phishing, content that infringes others' rights, or adult, hateful or fraudulent content. We may suspend a website that violates this section or creates a security risk, and we'll notify you when we do.

10.5 Changing or canceling

• Hosting Plans are month-to-month with no long-term contract. You can switch between Hosting and Hosting Plus at any time, effective your next billing cycle.
• To cancel, email us with 30 days' notice. Your plan ends at the end of the billing period after the notice period. Payments already made are non-refundable.
• When hosting ends, we'll provide your website files and help transfer your website and domain to a provider you choose. We'll keep a copy for 30 days after hosting ends, then delete it.
• We may end hosting for any reason with 30 days' notice, or sooner for non-payment or violations of Section 10.4, and we'll help you move your website.

11. Domain names

• Whenever possible, we register domain names in your name, so you're the owner even if we manage them for you.
• Domain registration and renewal fees are your responsibility unless your Quote says otherwise.
• If we manage your domain, we'll renew it on time as long as your account with us is in good standing. We're not responsible for a lapsed domain if a renewal can't be completed because of non-payment or an expired payment method on your account.
• On request, we'll transfer full control of your domain to you or your new provider.

12. Third-party services

Your website may rely on third-party services, such as form delivery, booking systems, payment processors, maps, fonts or your domain registrar. These services are provided under their own terms. We're not responsible for their availability, pricing changes or performance, but we'll help you work around problems where we reasonably can.

13. Our promise and its limits

13.1 Our promise

• We'll perform the Services in a professional, workmanlike manner.
• For 30 days after launch, we'll fix bugs in the work we created at no charge, as long as the problem wasn't caused by changes made by you or others, or by third-party services.

13.2 What we can't guarantee

• Results. We build websites to help you win customers, but we can't guarantee specific search rankings, traffic, leads, sales or other business results. These depend on many factors outside our control, including search engine algorithms and your market.
• Performance targets. Speed scores and similar goals we mention are targets we work toward, not guarantees.
• Accessibility and legal compliance. We follow reasonable accessibility and best practices, but we don't guarantee that your website complies with any particular law or standard (such as the ADA or WCAG). You're responsible for your website's legal compliance and may want to consult a professional.
• Compatibility. We test on current versions of major browsers and devices. We can't guarantee identical behavior on every browser, device or future update.

Except as stated in this section, and to the fullest extent allowed by law, the Services and this website are provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

14. Limitation of liability

To the fullest extent allowed by law:

• Chisholm will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business opportunities, even if we were told such damages were possible; and
• Chisholm's total liability for any claim relating to the Services or these Terms is limited to the amount you paid us for the Project or Services giving rise to the claim during the 12 months before the claim arose.

Some laws don't allow certain limits on liability, so some of these limits may not apply to you. Nothing in these Terms limits liability that can't legally be limited, such as liability for fraud or gross negligence.

15. Indemnification

You agree to defend, indemnify and hold harmless Chisholm from any claims, damages, losses and reasonable legal fees arising from your Client Materials (including any claim that they infringe someone else's rights), your website's content, products, services or business practices, your violation of any law, or your breach of these Terms.

16. Confidentiality

Each of us may share non-public information with the other, such as business plans, pricing, customer details or account logins. We'll each keep the other's confidential information private, use it only for the Project or Services, and protect it with reasonable care. This doesn't apply to information that's already public, was already known, or must be disclosed by law. See our Privacy Policy for how we handle personal information.

17. Ending a project

• Either of us may end a Project by giving written notice (email is fine).
• If a Project ends early, you'll pay for work completed up to that point, based on the portion of the Project completed. The deposit is non-refundable once work has begun. Any prepaid amount beyond the value of completed work will be refunded.
• Once all amounts owed are paid, we'll deliver the work completed so far, and you'll own it as described in Section 9.
• Sections that by their nature should continue after a Project ends, including payment, ownership, limitation of liability, indemnification, confidentiality and disputes, will continue.

18. Using this website

• The text, design, graphics, logo and code of this website belong to Chisholm Web Solutions. You may view and share pages for personal or business evaluation, but you may not copy or reuse our content or branding without permission.
• You agree not to misuse the website, including by submitting spam or false information through our forms, attempting to break or bypass its security, or using automated tools to overload or scrape it.
• Information on this website, including prices, is provided for general information and may change. Your Quote controls the actual price of a Project.

19. Disputes and governing law

• Talk to us first. If a problem comes up, please email us. We'll both try in good faith to resolve it informally within 30 days before taking any formal action.
• Governing law. These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules.
• Where disputes are heard. Any dispute not resolved informally will be handled in the state or federal courts located in the Texas county where Chisholm Web Solutions has its principal place of business, and both of us agree to that location. Either of us may bring a qualifying claim in small claims court instead.

20. General terms

• Entire agreement. These Terms, our Privacy Policy and any approved Quote or signed agreement are the entire agreement between us about the Services.
• Changes to these Terms. We may update these Terms from time to time. We'll change the effective date at the top of this page, and we'll email current clients about significant changes. Changes don't affect Projects already underway unless you agree.
• Independent contractor. Chisholm is an independent contractor. Nothing in these Terms creates an employment, partnership or joint-venture relationship.
• Subcontractors. We may use trusted subcontractors to help with parts of a Project. We remain responsible for their work.
• Events outside our control. Neither of us is responsible for delays or failures caused by events beyond reasonable control, such as natural disasters, power or internet outages, third-party service failures, or government actions.
• Notices. We'll send notices to the email address you've given us. You can send notices to contact@chisholmwebsolutions.com.
• Assignment. You may not transfer your rights under these Terms without our written consent. We may transfer ours as part of a sale or reorganization of our business.
• Severability. If any part of these Terms is found unenforceable, the rest stays in effect.
• No waiver. If we don't enforce a part of these Terms right away, we can still enforce it later.

21. Contact us

Questions about these Terms? We're happy to explain anything.

Chisholm Web Solutions
Texas, United States
contact@chisholmwebsolutions.com