Terms of Service
Last updated: January 1, 2024
1. Acceptance of Terms
By engaging DFW WEB GUY ("Company," "we," "us," or "our") for web development services, you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and DFW WEB GUY.
If you do not agree to these Terms, please do not engage our services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting.
2. Services Description
DFW WEB GUY provides web development services including but not limited to:
- Custom website development and design
- Website redesigns and modernization
- Web application development
- AI workflow tools and automation
- MLS integration for real estate websites
- Website hosting and ongoing support
- SEO optimization and performance improvements
Specific services, deliverables, timelines, and costs will be outlined in a separate project proposal or statement of work ("SOW") that references these Terms.
3. Client Responsibilities
To ensure successful project completion, the Client agrees to:
- Provide all necessary content, materials, and information in a timely manner
- Respond to requests for feedback and approval within agreed timeframes
- Provide access to existing systems, accounts, and platforms as needed
- Ensure all provided content is original or properly licensed
- Review and approve deliverables according to project milestones
- Make payments according to the agreed schedule
- Communicate changes or concerns promptly and clearly
Delays in Client response or provision of materials may result in project timeline extensions and potential additional costs.
4. Payment Terms
4.1 Payment Schedule
Unless otherwise specified in the project proposal, payments are structured as follows:
- 50% deposit required before project commencement
- Remaining balance due upon project completion and delivery
- For projects over $10,000, payments may be divided into milestone-based installments
4.2 Payment Methods
We accept payment via bank transfer, check, or approved online payment platforms. All payments must be made in US Dollars.
4.3 Late Payments
Invoices are due within 30 days of issuance. Late payments may incur a 1.5% monthly service charge and may result in project suspension until payment is received.
4.4 Additional Costs
Third-party costs (hosting, domains, licenses, etc.) are the Client's responsibility unless otherwise agreed. These costs will be clearly outlined in the project proposal.
5. Intellectual Property
5.1 Client Content
The Client retains ownership of all content, materials, and intellectual property provided to DFW WEB GUY. The Client grants us a license to use such materials solely for the purpose of completing the agreed services.
5.2 Developed Work
Upon full payment, the Client will own the custom code, designs, and materials specifically created for their project. However, DFW WEB GUY retains ownership of:
- General methodologies, processes, and techniques
- Reusable code components and frameworks
- Pre-existing intellectual property
- Knowledge and experience gained during the project
5.3 Third-Party Components
Projects may include third-party components, libraries, or frameworks subject to their respective licenses. The Client is responsible for compliance with such licenses.
5.4 Portfolio Rights
DFW WEB GUY reserves the right to display completed work in our portfolio and marketing materials unless otherwise agreed in writing.
6. Project Timeline
Project timelines are estimates based on the scope of work and Client responsiveness. While we strive to meet all deadlines, timelines may be affected by:
- Delays in Client feedback or material provision
- Scope changes or additional requests
- Technical challenges or third-party dependencies
- Force majeure events beyond our control
We will communicate any potential delays promptly and work with the Client to minimize impact.
7. Revisions & Changes
7.1 Included Revisions
Each project includes a specified number of revision rounds as outlined in the project proposal. Revisions must be requested within the agreed timeframe and scope.
7.2 Additional Revisions
Revisions beyond the agreed scope or number may incur additional charges at our standard hourly rate. We will provide estimates for additional work before proceeding.
7.3 Scope Changes
Significant changes to project scope will require a new proposal and may affect timeline and cost. We will document all scope changes in writing.
8. Termination
8.1 Termination by Client
The Client may terminate the project at any time with written notice. In such cases:
- Client is responsible for payment of all work completed to date
- Client will receive all work products completed up to termination date
- Deposits are non-refundable
- Final invoice will be provided within 7 business days
8.2 Termination by DFW WEB GUY
We may terminate the project if:
- Client fails to make required payments
- Client fails to provide necessary materials or feedback
- Client requests work that violates our ethical standards
- Continuation of the project becomes impractical
9. Warranties & Disclaimers
9.1 Service Warranty
We warrant that our services will be performed in a professional manner consistent with industry standards. We will correct any defects in our work at no charge for 30 days after project delivery.
9.2 Disclaimers
Except as expressly stated, all services are provided "as is" without warranties of any kind. We disclaim all warranties, express or implied, including but not limited to:
- Merchantability or fitness for a particular purpose
- Non-infringement of third-party rights
- Uninterrupted or error-free operation
- Specific business results or outcomes
9.3 Third-Party Services
We are not responsible for the performance, availability, or security of third-party services, hosting providers, or external integrations.
10. Limitation of Liability
To the maximum extent permitted by law, DFW WEB GUY's total liability for any claims arising from or related to our services shall not exceed the total amount paid by the Client for the specific project giving rise to the claim.
In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any disputes arising from these Terms or our services shall be resolved in the courts of Dallas County, Texas.
Both parties agree to attempt to resolve any disputes through good faith negotiation before pursuing legal action.
12. Contact Information
If you have any questions about these Terms of Service, please contact us:
DFW WEB GUY
Email: kevin@dfwwebguy.com
Phone: (555) 123-4567
Address: Dallas-Fort Worth, Texas