Terms of Service

WEBSITE DESIGN & DEVELOPMENT AGREEMENT

By working with me, approving it electronically, or paying the required initial payment, the Client confirms that they have read, understood, and agreed to these terms.

1. PROJECT SCOPE

The Designer will provide the website services listed in the Client’s selected package, proposal, invoice, or written project scope.

The project may include:

Website strategy and planning
Sitemap or page planning
Web design
Webflow development
Mobile and tablet responsiveness
Basic website animations
Contact form setup
Basic on-page SEO settings
Domain connection
Website launch
Client handoff or managed hosting
Post-launch support, when included

Only the pages, features, integrations, and deliverables specifically stated in the agreed scope are included.

Anything not listed in the approved scope is considered an additional request and may require an additional fee and timeline.

2. PROJECT PROCESS

The project will generally follow these stages:

Stage 1: Discovery

The Client completes the required questionnaire and provides the necessary information, content, branding, logins, and references.

Stage 2: Strategy

The Designer plans the website structure, page flow, user experience, and visual direction.

Stage 3: Design and Build

The Designer creates and develops the website based on the approved project direction.

Stage 4: Review and Revisions

The Client reviews the website and submits revision requests according to the revision terms in this Agreement.

Stage 5: Final Approval

The Client approves the completed website and settles any remaining balance.

Stage 6: Launch or Handoff

The website is connected to the Client’s domain, published, transferred, or placed under a managed hosting arrangement.

3. CLIENT RESPONSIBILITIES

The Client agrees to provide all required materials accurately and on time, including:

Business information
Website copy or written content
Logo and brand assets
Images, videos, and graphics
Product or service information
Contact information
Legal policies required for the Client’s business
Domain and hosting access
Social media links
Required third-party account access
Feedback and approvals

The Client is responsible for ensuring that all information submitted to the Designer is complete, accurate, lawful, and authorized for use.

The Designer is not responsible for delays caused by missing content, incomplete instructions, delayed feedback, unavailable access, or changing decisions from the Client.

4. CONTENT AND COPY

Unless copywriting is specifically included in the selected package, the Client is responsible for providing final website text.

The Designer may:

Organize the Client’s content
Make minor grammar corrections
Shorten text for layout purposes
Suggest headings or calls to action
Use temporary placeholder content during development

Full copywriting, content strategy, product descriptions, blog writing, or extensive rewriting may require an additional fee.

The Client must review and approve all website content before launch. Once approved, the Client accepts responsibility for its accuracy.

5. CLIENT-PROVIDED MATERIALS

The Client confirms that they own, license, or have permission to use all materials they provide, including:

Logos
Images
Videos
Fonts
Music
Written content
Product photographs
Testimonials
Brand names
Trademarks
Customer information

The Client is responsible for claims involving materials they supplied without proper authorization.

The Designer may refuse to publish content that appears illegal, misleading, discriminatory, infringing, fraudulent, or harmful.

6. PAYMENT TERMS

The total project price is:

Project Fee: [Currency and Amount]

The payment schedule will be:

50% initial payment before work begins
50% final payment before launch, transfer, or release of the completed website

A different payment schedule may be used if stated in the Client’s proposal or invoice.

For larger projects, milestone payments may be required, such as:

40% before work begins
30% after design approval
30% before launch or handoff

The initial payment reserves the Designer’s availability and allows the project to begin.

No work will begin until the required initial payment has been received and confirmed.

7. WISE PAYMENT PROCESS

Payments will normally be collected through Wise.

The Designer will send the Client one of the following:

A Wise payment request or payment link
An invoice containing the Designer’s Wise account details
Local receiving details for the agreed currency

The Client must:

Open the Wise payment request or use the payment details provided.
Enter the exact amount and currency stated on the invoice.
Include the invoice number or project name as the payment reference.
Complete the payment before the stated due date.
Send proof of payment when requested.

Payment is considered complete only when the funds have successfully reached the Designer’s account.

The Client is responsible for:

Their bank’s sending fees
Wire or SWIFT charges
Card processing charges
Currency conversion costs
Any intermediary bank deductions

The Designer must receive the full amount stated on the invoice. If payment fees reduce the received amount, the remaining balance must be paid by the Client.

Wise fees and payment availability may vary depending on the Client’s location, currency, payment method, and account eligibility.

8. LATE PAYMENTS

Invoices must be paid by the due date stated on the invoice.

If payment is late, the Designer may:

Pause all project work
Delay the launch date
Withhold website transfer
Withhold editable files or account access
Temporarily disable managed services
Reschedule the project based on current availability

A paused project will not automatically retain its original completion date.

For overdue invoices, the Designer may charge a late fee of:

[Example: 5% of the overdue amount after seven calendar days]

This late fee should only be applied where permitted by applicable law.

The completed website will not be launched, transferred, or released until all outstanding invoices are fully paid.

9. PRICING AND ADDITIONAL REQUESTS

The agreed project price only covers the approved scope.

Additional charges may apply when the Client requests:

Additional pages
Additional website sections
New functionality
Major design changes
Additional revision rounds
Copywriting
Custom code
E-commerce functionality
Membership functionality
Booking systems
Payment gateway setup
Advanced animations
Additional integrations
Extra meetings
Rush delivery
Content uploads beyond the included amount
Work requested after final approval
Work caused by changes to previously approved material

The Designer will inform the Client of any additional fee before beginning out-of-scope work.

Approval through email, direct message, project platform, or payment of an additional invoice will be treated as authorization to proceed.

10. REVISIONS

The project includes:

[Insert number] revision rounds

A revision round means one organized list of requested changes submitted at the same time.

The Client must review the relevant pages carefully and submit all feedback for that round in one consolidated message or document.

Included revisions may cover:

Text corrections
Image replacements
Minor spacing adjustments
Minor color adjustments
Minor font adjustments
Small layout refinements
Reasonable edits to existing sections

Revisions do not include:

A complete redesign
A new creative direction
Rebuilding approved pages
Adding new pages
Adding new features
Changing the original business offer
Replacing most of the approved content
Reversing previously approved decisions
Requests outside the original project scope

Major changes will be quoted separately.

Unused revision rounds cannot be exchanged for cash, additional pages, maintenance, or unrelated services.

11. REVISION DEADLINES

The Client must submit feedback within five business days after receiving a review request unless another period is agreed upon.

If the Client does not respond within that period:

The project timeline may be extended.
The project may be moved behind other scheduled projects.
The submitted work may be considered approved for the next project stage.
A restart or rescheduling fee may apply after a prolonged delay.

Feedback should come from one authorized decision-maker.

The Designer is not responsible for conflicting instructions from multiple members of the Client’s team.

12. APPROVALS

The Client’s written approval of a design, page, feature, or project stage authorizes the Designer to move forward.

After approval, requests to change that stage may:

Affect the project timeline
Count as an additional revision
Require an additional fee

Written approval may be given through email, a project management platform, electronic signature, or an agreed messaging channel.

Silence alone will not be treated as final approval unless the Designer has provided a clear review deadline and the Client remains unresponsive after follow-up.

13. PROJECT TIMELINE

The estimated project timeline is:

[Number] weeks from receipt of complete requirements and initial payment

The timeline is an estimate and may change due to:

Delayed content
Delayed feedback
Scope changes
Additional revisions
Third-party platform issues
Technical limitations
Client availability
Illness or emergency
Events beyond either party’s reasonable control

The Designer is not responsible for delays caused by Webflow, domain registrars, hosting providers, external applications, payment providers, internet outages, or third-party services.

14. CLIENT DELAYS AND PROJECT INACTIVITY

If the Client becomes unresponsive or fails to provide requirements for more than 14 calendar days, the Designer may pause the project.

If the Client is inactive for more than 30 calendar days, the project may be considered abandoned or closed.

To restart an inactive project, the Client may be required to:

Pay all outstanding balances
Pay a restart fee
Accept a new project schedule
Pay for additional work caused by outdated content, software changes, or new requirements

Payments already made will not automatically be refunded because of Client inactivity.

15. HOSTING OPTIONS

The Client must select one of the following hosting arrangements before launch.

Option A: Client-Owned Hosting and Direct Handoff

Under this option:

The Client creates or owns the necessary Webflow account.
The website is transferred to the Client’s account or Workspace.
The Client pays Webflow directly for the website’s Site plan.
The Client owns and manages the domain.
The Client becomes responsible for all future hosting renewals, domain renewals, billing, account security, and platform charges.
The Designer may remain as an invited collaborator only when agreed upon.

The website will only be transferred after:

The project is fully paid
Final approval has been received
The Client has created the required account
The Client has supplied the correct transfer email address
The Client has accepted the transfer
Any required hosting plan has been activated

Once the transfer is completed, the Client has control of the website account.

Future edits, maintenance, troubleshooting, or training are not automatically included unless stated in the selected package.

Option B: Designer-Managed Hosting

Under this option:

The website remains in the Designer’s Webflow Workspace.
The Client pays the Designer an agreed hosting and management fee.
The Designer pays the applicable Webflow charges.
The Client remains the owner of their business content and final website design after full project payment.
The Designer maintains administrative control of the Webflow project while the managed arrangement remains active.

The managed fee may include:

Webflow hosting costs
Basic account administration
Publishing assistance
Limited minor updates
Technical monitoring
Support specified in the selected maintenance plan

The exact inclusions must be listed in the Client’s hosting or maintenance plan.

The Client must pay managed hosting fees before each billing period.

If the Client fails to pay, the Designer may:

Suspend maintenance
Stop publishing updates
Remove paid features
Place the website on a limited plan
Temporarily unpublish the website
Transfer the website after outstanding balances are settled

The Designer will provide reasonable notice before intentionally suspending a live website, except in urgent circumstances involving fraud, security risks, legal violations, or platform enforcement.

Option C: Third-Party Hosting or Export

When technically possible, the Client may request that the website be exported and hosted with a third-party provider such as Namecheap.

The Client understands that:

Some Webflow functions may not work after export.
Webflow CMS features may not be included in exported code.
Webflow forms may require a replacement service.
E-commerce, memberships, search, editor functions, and other platform features may not transfer.
The Client may need separate hosting, form, database, security, and content-management services.
Future edits may require coding or a different development workflow.
Third-party hosting support is not included unless expressly stated.

The Designer will inform the Client when the requested hosting arrangement is not technically suitable for the website.

Third-party setup, migration, troubleshooting, and configuration may require an additional fee.

16. DOMAIN NAME

The Client should purchase and own their domain whenever possible.

The Client is responsible for:

Selecting the domain
Checking its spelling
Paying registration fees
Renewing it on time
Keeping account and recovery information secure
Maintaining updated payment information
Complying with the registrar’s terms

The Designer may assist in connecting the domain but does not become responsible for the Client’s domain ownership or renewal.

If the Designer purchases a domain on behalf of the Client, the Client must reimburse the full cost in advance. Ownership and transfer details must be documented separately.

The Designer is not responsible for domain loss caused by expired billing details, missed renewals, registrar policies, unauthorized access, or the Client’s failure to maintain the account.

17. THIRD-PARTY COSTS

The project fee does not include external charges unless specifically stated.

Possible third-party costs include:

Webflow plans
Domain registration
Premium templates
Premium fonts
Stock images
Videos
Plugins
Applications
Form services
Email marketing platforms
Booking software
Payment gateways
Analytics tools
Automation tools
Database services
Custom integrations
Shipping applications
Subscription services

The Client must approve and pay these expenses.

The Designer is not responsible for future price changes, subscription changes, policy changes, service interruptions, or discontinued features from third-party providers.

18. WEBSITE HANDOFF

A handoff may include:

Transfer of the Webflow project
Connection of the Client’s hosting payment
Domain connection
Basic website-use instructions
Account access information belonging to the Client
A recorded walkthrough, when included
A list of relevant third-party services

The Client must create and maintain their own secure passwords.

Passwords should be shared through a secure method and changed after handoff when appropriate.

The Designer is not responsible for unauthorized changes, deleted content, broken layouts, account compromises, or website errors caused after the Client or another provider changes the website.

Any repair work requested after handoff may be charged separately.

19. OWNERSHIP AND INTELLECTUAL PROPERTY

Until the full project balance has been paid, all website designs, layouts, development work, concepts, and deliverables created by the Designer remain the property of the Designer.

After full payment, the Client receives ownership of the final, approved website design and deliverables specifically created for the project, subject to the following exclusions.

The Designer retains ownership of:

Preliminary concepts
Rejected designs
Unused drafts
Internal processes
Design systems used across multiple projects
Reusable code
Reusable components
Frameworks
Templates
Methods
General skills and knowledge
Licensed third-party materials

Third-party materials remain subject to their original licenses.

The Client may not resell, redistribute, sublicense, or present rejected concepts or unpaid work as their own.

20. DESIGNER PORTFOLIO RIGHTS

Unless the Client requests confidentiality in writing before the project begins, the Designer may display the completed work for professional and promotional purposes.

This may include:

The Designer’s portfolio
Social media
Case studies
Proposals
Award submissions
Educational content
Behind-the-scenes content
Marketing materials

The Designer may identify the Client’s business and describe the general services provided.

Confidential information, customer data, passwords, private analytics, and unreleased business information will not be publicly shared without permission.

If the Client requires a non-disclosure agreement or permanent portfolio restriction, this must be agreed upon before the project begins and may affect the project price.

21. DESIGN CREDIT

The Designer may place a small website credit such as:

“Website by Rache Mercado”

This credit may appear in the footer unless the Client requests its removal before signing or purchasing the service.

Removal of the credit will not affect the Client’s ownership of the completed website.

22. MAINTENANCE AND POST-LAUNCH SUPPORT

The project includes [number] days of post-launch support beginning on the official launch date.

Included post-launch support is limited to correcting errors directly caused by the Designer’s original work.

It does not include:

New pages
New sections
New features
Content updates
Redesigns
Changes made by the Client
Changes made by another developer
Third-party platform problems
Domain renewal issues
Hosting payment issues
New browser or software incompatibilities
Security incidents caused by compromised Client accounts
Training beyond the included session
Marketing, SEO, advertising, or traffic generation

Ongoing support requires a separate maintenance agreement or paid request.

23. MAINTENANCE PLAN

When the Client purchases an ongoing maintenance plan, the specific inclusions, monthly limits, response time, and fee will be listed separately.

Maintenance time does not roll over unless stated otherwise.

Unused monthly requests cannot be exchanged for cash or transferred to another project.

Requests exceeding the plan’s limits may be charged separately.

Maintenance plans may be cancelled by either party by providing 30 days’ written notice, unless a different commitment period has been agreed upon.

Hosting, domain, and third-party subscription fees already paid or committed may remain non-refundable.

24. WEBSITE PERFORMANCE AND RESULTS

The Designer will use reasonable professional care when creating the website.

However, the Designer does not guarantee:

A specific number of sales
A specific conversion rate
Search-engine rankings
Website traffic
Business growth
Customer inquiries
Advertising performance
Platform approval
Uninterrupted website availability
Compatibility with every future device or browser
Permanent availability of third-party services

Website performance depends on many factors outside the Designer’s control, including the Client’s offer, pricing, reputation, content, traffic, marketing, operations, audience, competition, and customer service.

25. SEO

Basic SEO setup may include:

Page titles
Meta descriptions
Image alt text
Heading structure
Basic indexing settings
Social sharing images
Sitemap submission assistance

Basic SEO setup does not include ongoing SEO services, keyword campaigns, backlink building, content marketing, technical audits, ranking guarantees, or search-engine penalty recovery unless separately agreed upon.

Search engines independently determine rankings and indexing.

26. ACCESSIBILITY AND LEGAL COMPLIANCE

The Designer may follow general web design and accessibility practices but does not guarantee compliance with every law, regulation, or industry standard unless a formal compliance service is included.

The Client is responsible for obtaining appropriate professional advice regarding:

Privacy policies
Cookie notices
Terms and conditions
Refund policies
Accessibility requirements
Data-protection requirements
Industry regulations
Product claims
Health claims
Financial disclosures
Consumer protection requirements
Tax obligations

The Designer is not acting as the Client’s lawyer, accountant, compliance officer, or data-protection officer.

Templates or sample legal wording supplied by the Designer are for general informational purposes and must be reviewed by the Client’s qualified legal adviser.

27. PRIVACY AND CLIENT DATA

The Designer will take reasonable care when handling Client information and account access.

The Client should only provide access that is necessary for the project.

The Designer will not intentionally sell the Client’s confidential information or use it for unrelated purposes.

The Client remains responsible for:

Customer consent
Data-collection notices
Privacy policies
Marketing permissions
Cookie compliance
Storage of customer information
Security requirements applicable to their business

The Designer may remove stored Client credentials after the project is completed.

28. SECURITY

The Client must use strong passwords and enable two-factor authentication where available.

The Designer is not responsible for losses caused by:

Weak or reused passwords
Phishing
Unauthorized account sharing
Compromised email accounts
Malware
Client-installed code
Third-party integrations
Platform-wide breaches
Actions taken by Client employees or contractors

Security investigations, restoration, and emergency repair are not included unless separately agreed upon.

29. CANCELLATION BY THE CLIENT

The Client may cancel the project by providing written notice.

If the Client cancels:

The initial payment remains non-refundable once work has begun.
The Client must pay for all completed work and approved expenses.
The Designer may invoice work completed beyond the payments already received.
Unpaid work will not be released.
The Client may not use unfinished, rejected, or unpaid designs.
Third-party purchases and committed costs remain payable.

When the amount of work completed is greater than the amount paid, the Client must settle the difference before receiving any eligible deliverables.

30. CANCELLATION BY THE DESIGNER

The Designer may pause or terminate the project when:

The Client fails to pay
The Client repeatedly fails to respond
The Client provides unlawful or infringing content
The Client behaves abusively or threateningly
The Client repeatedly ignores the agreed scope
The Client requests unethical or deceptive work
Continuing the project creates a legal, technical, or safety risk
The working relationship has become unreasonably difficult

The Client will be responsible for payment for work completed up to the termination date.

When appropriate, the Designer will provide any fully paid, usable work completed before termination.

31. REFUNDS

Because website services involve reserved time and custom work, payments are generally non-refundable once the relevant work has begun.

A refund will not normally be issued because:

The Client changes their mind
The Client changes business direction
The Client experiences financial difficulties
The Client fails to provide content
The Client becomes unresponsive
The Client no longer needs the website
The Client prefers a different style after approving the direction
The Client expected results that were not guaranteed

If the Designer cancels before performing any work, the unused portion of the payment may be refunded.

Any refund approved by the Designer will be limited to the portion of services not yet performed, less non-refundable expenses and payment-processing charges.

32. PROJECT FILE RETENTION

The Designer may retain project files for up to 90 days after completion, cancellation, or handoff.

After that period, the Designer may permanently delete:

Backups
Drafts
Uploaded content
Exported files
Temporary assets
Client credentials
Unused concepts

The Client is responsible for maintaining their own backups after handoff.

The Designer does not guarantee permanent storage of project materials.

33. COMMUNICATION

The main communication channel will be:

[Email / WhatsApp / Slack / Other]

Project instructions, approvals, revision requests, and major decisions should be provided in writing.

Calls may be used for discussion, but important decisions should be confirmed in writing.

The Designer’s normal working hours are:

[Working days and hours, including timezone]

Messages received outside working hours will be addressed during the next available working period.

The Client understands that immediate responses are not guaranteed unless an emergency-support service has been purchased.

34. MEETINGS

The project includes:

[Number] meetings of up to [number] minutes each

Additional calls may be charged separately.

The Client should provide reasonable notice when rescheduling.

A meeting may be considered used when the Client:

Fails to attend
Cancels with insufficient notice
Arrives significantly late
Is unavailable at the agreed time

The Designer may choose to reschedule without charge in reasonable or emergency circumstances.

35. CONFIDENTIALITY

Both parties agree not to disclose confidential business information received during the project, except:

When required to complete the project
When authorized by the other party
When required by law
When the information is already publicly available
When independently developed without using the confidential information

Confidential information does not include general design skills, methods, publicly available information, or knowledge gained independently.

36. INDEPENDENT CONTRACTOR RELATIONSHIP

The Designer is an independent service provider and not an employee, partner, representative, or agent of the Client.

The Designer controls how and when the work is performed, subject to the agreed scope and deadlines.

Neither party may create obligations on behalf of the other without written authorization.

37. LIMITATION OF LIABILITY

To the extent permitted by law, the Designer will not be liable for indirect, incidental, special, punitive, or consequential losses, including:

Lost revenue
Lost profits
Lost opportunities
Lost data
Business interruption
Reputation damage
Customer claims
Third-party platform failure

The Designer’s total liability relating to the project will not exceed the amount the Client actually paid to the Designer for the specific services giving rise to the claim.

This limitation does not apply where liability cannot legally be limited.

38. INDEMNITY

The Client agrees to be responsible for third-party claims arising from:

Client-provided content
Copyright or trademark infringement involving Client materials
Illegal or misleading business claims
Products or services sold by the Client
The Client’s collection or use of personal data
The Client’s failure to follow applicable laws
Unauthorized changes made after handoff

This clause applies only to the extent permitted by applicable law.

39. FORCE MAJEURE

Neither party will be considered in breach for delays caused by circumstances beyond reasonable control, including:

Natural disasters
Severe weather
War
Civil unrest
Government action
Widespread internet outages
Power failures
Platform outages
Cyberattacks
Epidemics
Serious illness
Emergencies

The affected party should notify the other party as soon as reasonably possible.

The project timeline will be adjusted accordingly.

40. DISPUTE RESOLUTION

Both parties agree to first attempt to resolve concerns through good-faith written communication.

Before filing a formal legal claim, the parties may agree to mediation or another reasonable dispute-resolution process.

The governing law and legal venue will be:

[Insert agreed country, state, province, or city after legal review]

For international clients, both parties should specifically agree in writing on the governing law, payment currency, and dispute process before the project begins.

41. CHANGES TO THIS AGREEMENT

Any major change to this Agreement must be confirmed in writing by both parties.

Project scope changes may be documented through:

A revised proposal
A change-order document
An additional invoice
Written email approval
A signed project addendum

Messages approving additional work may form part of this Agreement.

42. ENTIRE AGREEMENT

This Agreement, together with the approved proposal, scope, invoice, and written addenda, represents the complete agreement between the Designer and Client regarding the project.

It replaces earlier informal discussions or promises concerning the same work.

If any clause is found unenforceable, the remaining clauses will continue to apply.

Failure to enforce one clause on one occasion does not permanently waive that clause.

43. FINAL PROJECT COMPLETION CHECKLIST

The project will be considered completed when:

The agreed website pages have been created
Included revisions have been completed
The Client has provided final approval
The final balance has been paid
The selected hosting arrangement has been activated
The website has been launched or transferred
Included handoff materials have been delivered

Minor requests submitted after completion may be handled under the post-launch support period or quoted as additional work.