Last updated: December 2024
By accessing or using Flourishtendon's website and services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
Flourishtendon provides web design, development, branding, SEO, and related digital services for small businesses. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.
Our services include but are not limited to:
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We may also impose limits on certain features or restrict access to parts or all of our services without notice or liability.
You agree to use our services only for lawful purposes and in accordance with these Terms of Service. You agree not to:
Violation of these acceptable use terms may result in immediate termination of your access to our services and may subject you to legal action.
If you create an account with us, you are responsible for maintaining the security of your account and password. You agree to:
We reserve the right to suspend or terminate accounts that violate these terms or engage in fraudulent, abusive, or illegal activity.
As a client, you agree to:
Payment terms will be specified in your project agreement. Generally:
We accept various payment methods including credit cards, bank transfers, and other methods as specified in your agreement. All payments must be made in the currency specified in your contract.
If payment is not received by the due date, we reserve the right to:
Refund policies are detailed in our Refund Policy. Generally, refunds are calculated based on work completed and are subject to the terms outlined in your project agreement.
If you dispute any charges, you must notify us in writing within 30 days of the charge date. We will investigate the dispute and respond within 10 business days.
You retain ownership of all content, materials, and intellectual property you provide to us. By providing content, you grant us a license to use it solely for the purpose of completing your project.
Upon full payment, you will receive ownership of the final website design and code created specifically for your project. We retain the right to:
Each project includes a specified number of revision rounds as outlined in your agreement. Additional revisions beyond the agreed amount may incur additional fees. Major changes to project scope may require a new agreement and additional payment.
Revisions must be requested within the timeframe specified in your agreement. All revision requests should be submitted in writing and clearly specify the changes desired. We will complete revisions within the timeframe agreed upon in your contract.
Any changes to the project scope, including but not limited to additional pages, features, or design elements, will be considered a change order and may result in additional charges and timeline adjustments. We will provide a written estimate for any scope changes before proceeding.
Client approval is required at various stages of the project. Delays in providing feedback or approvals may extend the project timeline. We are not responsible for delays caused by late client responses.
Project timelines are estimates based on the information provided. Delays caused by late client feedback, missing content, or scope changes may extend the timeline. We will communicate any significant delays promptly.
We warrant that our services will be performed in a professional manner consistent with industry standards. However, we make no warranties regarding:
To the maximum extent permitted by law, Flourishtendon shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our services.
Our total liability to you for all claims arising from or related to our services shall not exceed the total amount paid by you to us in the 12 months preceding the claim, or $5,000, whichever is less.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
We shall not be liable for any failure or delay in performance under these terms which is due to earthquake, fire, flood, act of God, act of war, terrorism, epidemic, pandemic, labor dispute, civil commotion, interruption in telecommunications or internet services, or any other cause beyond our reasonable control.
We understand that you may share confidential or proprietary information with us during the course of our engagement. We agree to:
These confidentiality obligations do not apply to information that is publicly available, independently developed by us, or required to be disclosed by law.
In the event of any dispute arising out of or relating to these Terms of Service or our services, we encourage you to contact us first to attempt to resolve the dispute amicably.
If we cannot resolve a dispute through direct negotiation, both parties agree to attempt to resolve the dispute through mediation before pursuing other legal remedies. Mediation will be conducted by a mutually agreed-upon mediator.
If mediation is unsuccessful, any dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the United States, and the arbitrator's decision shall be final and binding.
You agree that any disputes will be resolved on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.
If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms of Service, together with any project agreements or service contracts, constitute the entire agreement between you and Flourishtendon regarding the use of our services and supersede all prior agreements and understandings, whether written or oral.
You may not assign or transfer these Terms of Service or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms of Service, in whole or in part, without restriction.
No waiver of any term or condition of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Either party may terminate a project agreement with written notice. If you terminate before completion, you will be responsible for payment for all work completed up to that point. We reserve the right to terminate services if payment is not received or if you breach these terms.
Our services may integrate with third-party services (hosting, payment processors, etc.). We are not responsible for the availability, functionality, or terms of these third-party services. Any issues with third-party services should be directed to the respective provider.
You agree to indemnify and hold harmless Flourishtendon from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our services, violation of these terms, or infringement of any rights of another.
These Terms of Service shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
We reserve the right to modify these terms at any time. We will notify clients of any material changes. Continued use of our services after changes constitutes acceptance of the new terms.
If you have any questions about these Terms of Service, please contact us: