Terms of Service

These Terms of Service ("Terms") are a binding agreement between you ("Client", "you") and Elevate Designs ("we", "us", "our"). By creating an account, submitting an order, or using our websites and services (the "Services"), you agree to these Terms. If you do not agree, do not use the Services.

Any separate written agreement, statement of work, or contract you sign with us takes precedence over these Terms where they conflict.

We design, build, host, deploy, secure, and maintain custom websites and related web applications for small businesses. The specific deliverables, timeline, and pricing for your project are defined in your order and any quote or contract we provide and you accept.

We may use third-party providers (for example hosting, database, payment, email, and security providers) to deliver the Services. Your use of those providers may also be subject to their own terms.

You are responsible for keeping your account credentials secure and for all activity under your account. You must provide accurate information and keep it up to date. Notify us promptly of any unauthorized use of your account.

You must be at least 18 years old and able to enter into a contract to use the Services.

Pricing is quote-based. After you submit an order we provide a price for the one-time build plus a recurring monthly amount for hosting, database, security, and maintenance. Work begins once the order and price are accepted and any required upfront payment is made.

Recurring fees are billed monthly in advance and are non-refundable except where required by law. Late or failed payments may result in suspension of hosting and Services after reasonable notice. Upfront build fees cover the work performed and are non-refundable once work has begun, except as set out in your contract.

Prices exclude taxes unless stated. You are responsible for any applicable taxes.

Domain names are not included in our fees unless expressly stated. You may purchase and own your own domain, or ask us to purchase and manage one on your behalf for an additional charge; domain prices vary by name and registrar. A domain we register for you remains yours.

We host your site on managed infrastructure with reasonable security measures, including Cloudflare-backed protection. We aim for high availability but do not guarantee uninterrupted, error-free, or uninterruptible Service.

Upon full payment of all amounts due for your project, you own the final website deliverables and your content. We retain ownership of our pre-existing tools, frameworks, libraries, and any general know-how, and we grant you a license to use those as incorporated into your site for as long as you maintain your account in good standing.

You retain ownership of all content, logos, text, and materials you provide, and you grant us a license to use them as needed to deliver the Services. We may display your project in our portfolio unless you ask us in writing not to.

You agree to provide content, feedback, approvals, and access in a timely manner. Delays on your side may extend timelines. You are responsible for the accuracy and legality of the content you provide and for ensuring you have the rights to use it.

You are responsible for your own business operations, including compliance with laws applicable to your business (for example consumer, privacy, accessibility, and industry-specific rules).

You may not use the Services for anything unlawful, harmful, deceptive, or infringing, or to store or transmit malware, spam, or illegal content. We may suspend or remove content or Services that violate these Terms or applicable law.

Reasonable revisions during a build are included as described in your order or contract. Significant changes to agreed scope may be quoted separately. Ongoing maintenance and support are provided as part of your monthly plan as described for your tier.

We provide the Services with reasonable skill and care. Except as expressly stated, the Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any result will be achieved.

To the maximum extent permitted by law, Elevate Designs will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to the Services is limited to the amounts you paid to us for the Services in the three (3) months preceding the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited by law.

You agree to indemnify and hold us harmless from claims, damages, and expenses arising from your content, your use of the Services in breach of these Terms, or your violation of any law or third-party right.

You may cancel your monthly plan with reasonable notice as described in your order or contract. We may suspend or terminate the Services for non-payment or breach of these Terms after reasonable notice. On termination, recurring Services (including hosting) stop; you remain responsible for amounts due up to termination. We can provide a reasonable export of your site and data on request.

We may update these Terms from time to time. We will post the updated Terms with a new effective date and, where appropriate, notify you. Your continued use of the Services after changes take effect constitutes acceptance.

These Terms are governed by the laws of the state in which Elevate Designs is established, without regard to conflict-of-laws rules. The courts located there will have jurisdiction, subject to any mandatory consumer protections that apply to you.

Questions about these Terms? Contact us at hello@elevatedesigns.tech.