LEGAL,

Terms of Service

Effective Date: January 20, 2026

Last Updated: January 20, 2026

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Duane J. Davis ("Service Provider," "we," "us," or "our") regarding your use of our website (duanejdavis.com) and web development services.

By accessing our website, submitting a consultation request, or entering into a service agreement with us, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

Services Provided

We offer professional web development services, including but not limited to:

  • Custom website design and development
  • Full-stack web application development
  • E-commerce solutions
  • Content management system (CMS) implementation
  • Website maintenance and support
  • UI/UX design services
  • Consulting and strategy
  • Other related services as agreed upon

Specific services, deliverables, timelines, and pricing will be outlined in individual project proposals or service agreements.

Service Packages and Pricing

Website Development Packages

We offer three primary service tiers:

  • Starter: $1,500 - $3,500 (2-3 weeks)
  • Professional: $4,000 - $10,000 (4-8 weeks)
  • Enterprise: $12,000 - $30,000+ (8-16 weeks)

Hourly Rates

For flexible scope or ongoing work:

  • Web Development: $75 - $100/hour
  • Full-Stack Development: $100 - $150/hour
  • UI/UX Design: $85 - $125/hour
  • WordPress/CMS Development: $65 - $95/hour
  • E-commerce Development: $90 - $130/hour
  • Consulting/Strategy: $125 - $175/hour
  • Rush Work (48-hour turnaround): +50% premium

Minimum engagement: 2 hours
Time tracking: 15-minute increments

Monthly Support & Maintenance

  • Essential: $149/month (2 hours, 48-hour response)
  • Growth: $349/month (5 hours, 24-hour response)
  • Premium: $749/month (12 hours, same-day response)

Prices are subject to change. Current pricing will be confirmed in individual proposals.

Project Process

Initial Consultation

We offer a complimentary 30-minute consultation to discuss your project needs, objectives, and requirements.

Discovery and Proposal

After the initial consultation, you will be asked to complete a Project Discovery Questionnaire. Based on your responses, we will provide a detailed proposal including:

  • Project scope and deliverables
  • Timeline and milestones
  • Pricing and payment terms
  • Terms and conditions specific to your project

Project Agreement

Work will commence only after:

  1. Both parties have signed the project agreement or statement of work
  2. The initial deposit has been received
  3. All necessary materials and access have been provided by the Client

Communication and Updates

We will maintain regular communication throughout the project via your preferred method (email, phone, video calls, project management tools). Update frequency will be agreed upon at project kickoff.

Payment Terms

Project-Based Work

  • 50% deposit required to begin work
  • 25% due at design approval or midpoint milestone
  • 25% due upon project completion, before launch
  • For projects over $10,000, custom payment schedules are available

Hourly and Retainer Work

  • Invoiced bi-weekly or monthly
  • Net 15 payment terms (payment due within 15 days of invoice date)
  • Monthly retainers billed on the 1st of each month

Late Payments

  • Invoices not paid within the agreed timeframe may incur a 1.5% monthly late fee (18% annual)
  • Work may be paused or suspended for accounts more than 30 days overdue
  • We reserve the right to remove or disable work for non-payment

Accepted Payment Methods

  • Credit/Debit Cards
  • ACH Bank Transfer
  • PayPal
  • Venmo
  • Check (business or personal)

Refund Policy

  • Deposits are non-refundable once work has commenced
  • If a project is cancelled before work begins, deposits will be refunded minus a 10% administrative fee
  • Partial refunds may be considered on a case-by-case basis for work not yet completed

Client Responsibilities

To ensure successful project completion, you agree to:

Timely Cooperation

  • Provide all necessary materials, content, access credentials, and information
  • Respond to requests for feedback, approvals, or clarification within agreed timeframes
  • Designate a primary point of contact with decision-making authority

Content and Materials

  • Provide accurate, complete, and legal content
  • Ensure you have the rights to all materials provided (text, images, videos, etc.)
  • Review and approve designs, content, and functionality in a timely manner

Access and Credentials

  • Provide access to necessary systems, hosting, domains, and third-party accounts
  • Maintain the security of your credentials and notify us immediately of any security concerns

Delays Caused by Client

  • Project timelines may be extended if Client fails to meet responsibilities
  • Additional fees may apply if delays require substantial rescheduling or additional work

Intellectual Property

Client-Provided Materials

You retain all rights to materials you provide, including content, logos, images, and branding. You grant us a limited license to use these materials solely for the purpose of completing your project.

Work Product and Ownership

Upon full payment of all invoices:

  • You will own the final deliverables as specified in the project agreement
  • This includes custom code, designs, and content created specifically for your project
  • Ownership transfers only after final payment is received in full

Our Retained Rights

We retain ownership of:

  • Pre-existing tools, frameworks, libraries, and code we developed before your project
  • Reusable components, templates, and methodologies
  • Our general knowledge, techniques, and skills

We reserve the right to:

  • Use general knowledge and skills gained from your project in future work
  • Display your project in our portfolio unless you request otherwise in writing
  • Use anonymized project data for case studies or testimonials (with your approval)

Third-Party Components

Projects may include third-party software, libraries, frameworks, or plugins that have their own licenses. You are responsible for complying with those licenses.

Confidentiality

Our Commitment

We will keep confidential any proprietary or sensitive information you share with us, including:

  • Business plans and strategies
  • Trade secrets and proprietary processes
  • Customer or financial data
  • Any information marked as confidential

We will not disclose this information to third parties without your consent, except as required by law or to service providers bound by confidentiality obligations.

Your Commitment

You agree to keep confidential any proprietary information we share about our processes, pricing strategies, or business methods.

Exceptions

Confidentiality obligations do not apply to information that:

  • Is publicly available or becomes publicly available through no fault of ours
  • Was known to us before you disclosed it
  • Is independently developed by us
  • Is required to be disclosed by law

Warranties and Disclaimers

Our Warranties

We warrant that:

  • Services will be performed in a professional and workmanlike manner
  • Work will substantially conform to the agreed-upon specifications
  • We have the right and authority to provide the services
  • Our work will not infringe upon any third-party intellectual property rights (to the best of our knowledge)

Website Performance

We strive to create high-quality, functional websites. However, we do not guarantee:

  • Uninterrupted or error-free operation
  • Specific search engine rankings or traffic levels
  • Specific conversion rates or business results
  • Compatibility with all future browser or device updates

Client Testing Responsibility

You are responsible for testing and accepting all deliverables before launch. Once you approve and launch a website or application, we are not liable for issues that were present but not reported during the testing phase.

Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC PROJECT OR SERVICE THAT GAVE RISE TO THE CLAIM.

Excluded Damages

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Lost profits or revenue
  • Loss of data or business opportunities
  • Cost of substitute services
  • Damages resulting from third-party actions or failures

Exceptions

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising from:

  • Your use of our services
  • Your violation of these Terms
  • Your violation of any third-party rights, including intellectual property rights
  • Content, materials, or information you provide
  • Your use of the final deliverables

Revisions and Change Requests

Included Revisions

Each package includes a specified number of revision rounds:

  • Starter: 2 rounds of revisions
  • Professional: 3 rounds of revisions
  • Enterprise: Unlimited revisions

Revisions must be requested within 30 days of receiving the deliverable.

Additional Revisions

Revisions beyond the included rounds will be billed at our standard hourly rate. A "revision round" constitutes a consolidated set of feedback, not individual changes.

Change Orders

Significant changes to project scope, features, or requirements after approval will require a formal change order, which may affect:

  • Project timeline
  • Total project cost
  • Payment schedule

Project Delays and Cancellations

Delays by Service Provider

If we are unable to meet agreed-upon deadlines due to circumstances within our control, we will:

  • Notify you immediately
  • Provide a revised timeline
  • Work diligently to minimize delays

Delays by Client

If project delays are caused by Client (late content, delayed approvals, etc.):

  • Timeline will be extended accordingly
  • Project may be paused after 30 days of inactivity
  • Projects inactive for 90+ days may be cancelled with no refund

Project Cancellation

Either party may cancel a project with written notice. In the event of cancellation:

  • Client will be billed for all work completed to date
  • Client will receive all work-in-progress files
  • Any advance payments for incomplete work may be refunded, minus work completed and a 10% administrative fee

Hosting and Domain Names

Not Included Unless Specified

Hosting and domain registration are generally not included in our standard packages unless explicitly stated in your proposal.

Client Responsibility

You are responsible for:

  • Purchasing and maintaining your hosting and domain
  • Ensuring hosting meets technical requirements
  • Paying hosting and domain renewal fees
  • Maintaining backups (unless covered by a maintenance plan)

Hosting Setup Assistance

We can assist with hosting setup and configuration as an add-on service or as part of ongoing maintenance.

Third-Party Services

Projects may require third-party services such as:

  • Payment gateways (Stripe, PayPal)
  • Email marketing platforms
  • Analytics tools
  • Social media integrations
  • APIs and external services

You are responsible for:

  • Purchasing and maintaining licenses for third-party services
  • Complying with third-party terms of service
  • Any costs associated with third-party services

Maintenance and Support

Post-Launch Support

After project completion, we offer:

  • 30 days of complimentary bug fixes for issues present at launch
  • Ongoing maintenance plans (Essential, Growth, Premium)

Scope of Bug Fixes

Complimentary bug fixes cover:

  • Functionality that doesn't work as specified
  • Errors in code we wrote
  • Issues that were not present during client testing and approval

Bug fixes do not cover:

  • New feature requests
  • Changes to content or design
  • Issues caused by third-party updates or changes
  • Problems caused by Client modifications

Ongoing Maintenance

For ongoing support, updates, and enhancements, we offer monthly maintenance plans with specified hours and response times.

Website Security

Our Security Practices

We implement industry-standard security practices, including:

  • Secure coding practices
  • SSL certificate installation (when requested)
  • Regular security updates for CMS platforms
  • Password protection for sensitive areas

Client Responsibilities

You are responsible for:

  • Keeping login credentials secure
  • Installing security updates (unless covered by maintenance plan)
  • Backing up your website regularly
  • Monitoring for suspicious activity

No Absolute Security Guarantee

No website can be guaranteed 100% secure. We are not liable for security breaches caused by:

  • Third-party vulnerabilities
  • Client negligence or compromised credentials
  • Zero-day exploits
  • Attacks beyond industry-standard protections

Privacy and Data Protection

Your privacy and data protection are important to us. Please review our Privacy Policy for information on how we collect, use, and protect your data.

We comply with applicable data protection laws, including GDPR and CCPA, where applicable.

Termination

Termination by Either Party

Either party may terminate these Terms or a specific project agreement:

  • For convenience with 30 days' written notice
  • Immediately for material breach if the breach is not cured within 15 days of written notice

Effect of Termination

Upon termination:

  • Client will pay for all services rendered to date
  • We will deliver all completed work and work-in-progress
  • All licenses granted will terminate (except for work fully paid for)
  • Confidentiality obligations will survive

Survival

The following sections survive termination: Payment Terms, Intellectual Property, Confidentiality, Warranties and Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution.

Dispute Resolution

Good Faith Negotiation

In the event of any dispute, both parties agree to first attempt to resolve the matter through good faith negotiation.

Mediation

If negotiation fails, parties agree to attempt mediation before pursuing litigation. The costs of mediation will be shared equally.

Arbitration (Optional)

For disputes involving amounts under $25,000, parties may agree to binding arbitration under the rules of the American Arbitration Association.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Georgia, United States, without regard to conflict of law principles.

Any legal action related to these Terms must be brought in the state or federal courts located in Georgia, and both parties consent to the jurisdiction of such courts.

General Provisions

Entire Agreement

These Terms, together with any project-specific agreements or proposals, constitute the entire agreement between the parties and supersede all prior agreements or understandings.

Amendments

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our services constitutes acceptance of modified Terms. Existing projects will be governed by the Terms in effect when the project was initiated.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations to a successor entity or third party.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Force Majeure

Neither party will be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

Independent Contractor

We are an independent contractor, not an employee, agent, or partner of Client. Nothing in these Terms creates an employment, partnership, or agency relationship.

Notices

All notices must be in writing and delivered via:

  • Email to the address on file
  • Certified mail to the business address on file

Notices are considered delivered when sent via email or three days after mailing.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Duane J. Davis
Email: duane.j.davis@gmail.com
Phone: 404-731-5502
Website: duanejdavis.com

Acceptance of Terms

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

Last Updated: January 20, 2026

These Terms of Service are designed to protect both the Service Provider and the Client while ensuring clear expectations and professional service delivery.