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Services Agreement
Effective Date: April 30, 2025
Last Updated: April 30, 2025
Purpose of This Document
This document provides a general overview of the standard terms and conditions under which Website Design Agency (WebsiteDA.com), a part of the Digital Dive network, (“we,” “us,” or “our”) provides professional services to our clients (“you” or “Client”). Its purpose is to outline our typical processes, responsibilities, and policies to foster clear communication and manage expectations.
Please Note: This summary is for informational purposes only. It does not replace or supersede any formal, signed Service Agreement, Proposal, or Scope of Work (SOW) document executed between you and Website Design Agency (WebsiteDA.com). The specific deliverables, timelines, payment schedules, and unique terms applicable to your project(s) will be detailed in those legally binding documents. In case of any discrepancy, the terms of the signed Agreement/Proposal/SOW shall always prevail.
1. Scope of Services Offered
Website Design Agency (WebsiteDA.com) offers a range of specialized digital services, including but not limited to: Custom Website Solutions, Search Engine Optimization (SEO), Paid Media Management, Website Hosting & Maintenance, and AI & Automation Integration.
The precise scope, deliverables, technical specifications, milestones, and timelines for your specific project will be meticulously defined in the mutually signed Service Agreement or Proposal/SOW. We reserve the right to determine the manner and methods by which we perform our services. Any work requested outside of the defined scope (“Scope Creep”) will require a formal, written Change Order, which may impact timelines and budget, and must be approved by both parties before work commences.
2. Project Initiation and Kickoff
Project work will commence only after all the following conditions are met:
- A detailed Service Agreement or Proposal/SOW has been formally signed by authorized representatives of both parties.
- The required initial payment, deposit, or retainer fee, as specified in the agreement, has been received and cleared.
- The Client has provided all necessary access credentials, brand assets, content, and materials required to start the project. Delays by the Client in providing these items will result in a day-for-day extension of the project timeline and may lead to rescheduling based on our current availability.
3. Client Responsibilities & Cooperation
The Client understands that successful project completion is a collaborative effort. The Client agrees to the following:
- Timely Communication: Respond to communications promptly, typically within 2-3 business days, especially when feedback or approval is required to avoid project delays.
- Provide Necessary Materials: Submit all required content, assets, and information in the agreed-upon formats and timelines.
- Clear Feedback & Approvals: Provide clear, consolidated, and timely feedback at designated project milestones.
- Client-Furnished Material Warranty: The Client warrants that all information, materials, and content provided to us are accurate, complete, and that the Client has obtained all necessary rights, licenses, or permissions for their use.
- Adherence to Payment Schedule: Make all payments according to the schedule outlined in the signed agreement.
- Designated Point of Contact: Appoint a primary contact person authorized to make binding decisions on behalf of the Client.
Consequences of Non-Cooperation: Failure to meet these responsibilities may lead to project delays, suspension of work, and/or the incurrence of additional costs to cover disruption and extended management time, billed at our standard hourly rate.
4. Payment Terms & NO-REFUND POLICY
Financial terms are explicitly detailed in each client’s signed Agreement/Proposal/SOW.
- Pricing: Services are priced on a project, retainer, or hourly basis as specified in the SOW.
- Invoicing: Invoices are sent electronically and are due upon receipt unless otherwise specified.
- Late Payments: Payments not received by the due date will incur a late fee of 1.5% per month or the maximum rate permitted by law, whichever is less. Furthermore, we reserve the right to immediately suspend any and all services, including website hosting, active ad campaigns, and ongoing development, for any account with an overdue balance.
NO-REFUND POLICY: ALL PAYMENTS MADE TO WEBSITE DESIGN AGENCY (WEBSITEDA.COM), INCLUDING DEPOSITS, MILESTONE PAYMENTS, AND RETAINER FEES, ARE STRICTLY NON-REFUNDABLE. THIS POLICY IS FIRM AND WITHOUT EXCEPTION.
Upon receipt of payment, we commit resources, schedule personnel, incur costs, and perform work. The non-refundable nature of payments reflects this immediate allocation of resources and the customized nature of our services. Initiating a chargeback or payment dispute constitutes a material breach of the agreement and may result in legal action to recover the owed funds, in addition to any fees incurred in the collection process. By making a payment, the Client acknowledges and agrees to this no-refund policy.
5. Revisions and Scope Changes
- Defined Revisions: Your SOW will outline the number of revision rounds included. These rounds are for minor refinements and iterative adjustments, not for fundamental changes to the design, structure, or functionality already approved.
- Scope Creep: Work requested outside the originally defined scope will require a Change Order outlining additional costs and timeline impacts, which must be approved in writing before work begins.
6. Intellectual Property Rights
- Client Ownership Upon Full Payment: Upon our receipt of final and full payment for all outstanding project fees, we grant the Client the agreed-upon rights (as specified in the SOW) to the final, approved project deliverables created specifically for the Client.
- Our Pre-existing IP: We retain full ownership of all our pre-existing intellectual property, including proprietary methods, code libraries, tools, software, and processes. Clients receive a non-exclusive license to use these elements only as integrated into the final deliverables.
- Portfolio Rights: We retain the non-exclusive, perpetual right to display and use the final project deliverables in our portfolio, marketing materials, and for case study purposes.
- Work Product Prior to Full Payment: We retain full ownership and rights to all work product, drafts, concepts, and deliverables until all agreed-upon payments have been received in full.
7. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information (“Confidential Information”) shared during the engagement. This obligation extends beyond the termination of the Agreement, subject to standard legal exceptions.
8. Project Cancellation
- Cancellation by Client: Should the Client cancel the project, all payments made to date are non-refundable. The Client will be invoiced for all work completed and costs incurred up to the date of cancellation, calculated based on hours logged or milestones achieved. Any partially completed work remains our property until full payment for work performed is received.
- Cancellation by Us: We reserve the right to cancel the project at our discretion due to circumstances such as failure to make payments, material breach of the Agreement, prolonged lack of cooperation, or a breakdown of the professional relationship due to unethical, abusive, or inappropriate conduct by the Client.
9. Termination of Ongoing Services
For recurring services (hosting, retainers), either party may terminate by providing written notice, typically thirty (30) days in advance. The Client is responsible for all fees up to the effective termination date. Upon termination, the Client is solely responsible for migrating their data and assets from our systems.
10. Disclaimer of Warranties & Limitation of Liability
- Disclaimer of Warranties: ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WEBSITE DESIGN AGENCY (WEBSITEDA.COM) EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
- Limitation of Liability: IN NO EVENT SHALL WEBSITE DESIGN AGENCY (WEBSITEDA.COM), ITS AFFILIATES, OR THEIR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM OUR SERVICES. OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF A SPECIFIC SERVICE AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO US UNDER THAT SPECIFIC AGREEMENT DURING THE SIX (6) MONTHS PRECEDING THE CLAIM.
11. Indemnification
The Client agrees to indemnify, defend, and hold harmless Website Design Agency (WebsiteDA.com), its affiliates, officers, and employees from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or in any way connected with: (a) the content, materials, or information supplied by the Client; (b) the Client’s business operations, products, or services; or (c) any breach by the Client of the terms of the Agreement.
12. Governing Law and Dispute Resolution
This Agreement shall be governed by the laws of the State of Kansas, United States. In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation. If negotiation fails, the parties agree to pursue mediation in Kansas before initiating any litigation. Both parties hereby waive their right to a jury trial and agree to submit to the exclusive jurisdiction of the state and federal courts located in Kansas.
13. Force Majeure
Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable) for causes beyond that party’s reasonable control, including but not limited to acts of God, war, terrorism, government action, riots, or natural disasters.
14. Entire Agreement & Amendments
The signed Service Agreement or Proposal/SOW constitutes the entire agreement between the parties. It supersedes all prior discussions and understandings. Any amendments must be made in writing and signed by both parties.
15. Contact Information
For questions regarding your specific Service Agreement, project status, or billing, please contact:
Website Design Agency (WebsiteDA.com) Client Services Team
Email: [email protected]
Website: https://websiteda.com