Terms of Service

These Terms of Service ("Terms") govern the purchase and use of website design and hosting services provided by BD Digital Works, a trade name of BDDW LLC ("BD Digital Works," "we," "us," or "our"). By purchasing services, submitting payment, or checking the box to accept these Terms at checkout, you ("Customer," "you," or "your") agree to be bound by them. If you do not agree, do not purchase or use our services.

1. Services

BD Digital Works provides website design and build services, along with ongoing hosting, for service-based businesses. Specific deliverables (pages, features, design direction) for a given project are as agreed upon between BD Digital Works and Customer at the time of purchase.

1.1 Revisions. The initial build fee includes up to three (3) rounds of revisions prior to the site going live. Additional revisions beyond those included will be quoted separately.

1.2 Ongoing Revisions. Once a site is live, Customer's hosting plan includes up to four (4) minor revisions per year, not to exceed two (2) total hours of work. Revision requests beyond this annual allowance will be billed at BD Digital Works' then-current rate of $65.00/hour.

1.3 Timeline. Project timelines depend on Customer providing requested content, feedback, and approvals in a timely manner. BD Digital Works is not responsible for delays caused by Customer's failure to provide materials.

1.4 Customer Content. Customer is solely responsible for all text, images, logos, and other materials ("Content") it provides for use on its site. Customer represents that it owns or has the rights to all Content provided and that such Content does not infringe on any third party's rights. Customer agrees to indemnify BD Digital Works against claims arising from Content it provides.

2. Fees & Payment

2.1 Build Fee. The website build fee is the agreed-upon charge communicated at the time of purchase and is due in full upon Customer's approval of the completed site, prior to the site going live. Build fees are non-refundable once paid.

2.2 Hosting Fee. Following go-live, Customer will be billed a recurring hosting fee of $58.00/month, which includes domain registration, an SSL certificate, and site hosting.

2.3 Billing Date & Proration. Recurring hosting charges are billed on the 15th of each calendar month. The first hosting payment is prorated based on the number of days between the site's go-live date and the next occurring 15th of the month; full monthly billing begins on the following billing cycle.

2.4 Authorization for Recurring Charges. By accepting these Terms, Customer expressly authorizes BD Digital Works (via our payment processor, Stripe) to charge the payment method on file $58.00 on the 15th of each month, on a recurring basis, until services are cancelled in accordance with Section 3. This authorization remains in effect until cancellation or termination of this Agreement.

2.5 Failed Payments. If a payment fails and is not resolved within ten (10) calendar days of the failed attempt, BD Digital Works reserves the right to suspend the site until payment is received in full. BD Digital Works will make a good-faith effort to notify Customer by email of a failed payment and pending suspension, but is not obligated to do so beyond that effort.

2.6 Suspension & Deletion. Sites suspended for non-payment may be reactivated upon payment of all amounts due. Sites that remain suspended for more than 30 days may be permanently deleted, including all associated files, content, and data, without further notice.

2.7 Price Changes. BD Digital Works may change hosting fees with at least 60 days' advance notice by email. Continued use of hosting services after the effective date of a price change constitutes acceptance of the new rate.

2.8 Payment Processing. Payments are processed by Stripe. Use of Stripe's payment services is subject to the Stripe Services Agreement. BD Digital Works is not responsible for outages, errors, or issues caused by Stripe's platform.

2.9 Taxes. Fees do not include applicable sales, use, or similar taxes. Customer is responsible for any such taxes.

3. Term & Cancellation

3.1 Term. Hosting services continue on a month-to-month basis following go-live, until cancelled by either party as described below.

3.2 Cancellation by Customer. Customer may cancel hosting services at any time by providing 30 days' written notice to admin@bddigitalworks.com. Customer remains responsible for fees incurred through the end of the 30-day notice period. Fees already paid are non-refundable.

3.3 Cancellation or Suspension by BD Digital Works. BD Digital Works may suspend or terminate services immediately for non-payment, violation of these Terms, or use of the site for unlawful, abusive, or harmful purposes.

3.4 Effect of Cancellation. Upon cancellation, the site will be taken offline at the end of the applicable notice period. BD Digital Works will retain site files and data for 30 days following cancellation, during which Customer may request an export. After this period, all data may be permanently deleted. Domain names remain registered to the account of record and may be released or transferred to Customer upon request, subject to standard domain transfer procedures and any applicable transfer fee.

4. Ownership

4.1 The Site. Upon full payment of the build fee, Customer owns the final design and content of its site as delivered. BD Digital Works retains ownership of any underlying proprietary tools, templates, or frameworks used to build the site that are not unique to Customer's project.

4.2 Domain Names. Domain registration is included as part of the hosting service and is registered and managed on Customer's behalf during the active hosting term. Customer may request transfer of the domain to its own account at any time, subject to standard domain registrar transfer procedures, applicable ICANN rules, and any applicable transfer fee.

5. Disclaimers & Limitation of Liability

5.1 No Guarantee of Results. BD Digital Works does not guarantee specific business outcomes, including website traffic, leads, sales, or search engine rankings.

5.2 No Uptime Guarantee. BD Digital Works uses commercially reasonable efforts to maintain site availability but does not guarantee uninterrupted or error-free hosting, and is not liable for downtime caused by third-party infrastructure, DNS providers, or events outside its reasonable control.

5.3 Limitation of Liability. To the maximum extent permitted by law, BD Digital Works' total liability arising out of these Terms will not exceed the total fees paid by Customer to BD Digital Works in the twelve (12) months preceding the claim. BD Digital Works is not liable for indirect, incidental, special, or consequential damages, including lost profits or lost data.

5.4 "As Is" Basis. Services are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, except as expressly stated in these Terms.

6. General

6.1 Governing Law. These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles.

6.2 Changes to These Terms. BD Digital Works may update these Terms from time to time. Material changes will be reflected by an updated "Last updated" date above and, where appropriate, communicated by email. Continued use of services after changes take effect constitutes acceptance of the revised Terms.

6.3 Assignment. Customer may not assign this Agreement without BD Digital Works' prior written consent. BD Digital Works may assign this Agreement in connection with a merger, acquisition, or sale of assets.

6.4 Entire Agreement. These Terms, together with any order details provided at the time of purchase, constitute the entire agreement between the parties regarding the services and supersede any prior agreements or understandings.

6.5 Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

6.6 Contact. Questions about these Terms can be directed to admin@bddigitalworks.com.