Terms of Service

1. Agreement to Terms

By accessing or using the services provided by Wildflowr Digital ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not access or use our services. These Terms apply to all visitors, users, clients, and others who access or use our services.

2. Services Description

Wildflowr Digital provides website design, web application development, graphic design (including but not limited to menus, signs, logos, flyers, banners, and marketing materials), brand identity development, and related digital creative services ("Services"). The specific scope, deliverables, timeline, and pricing of each project will be defined in a separate project proposal or statement of work ("SOW") agreed upon by both parties before work begins.

3. Project Engagement & Payments

3.1 Proposals & Acceptance: All projects require a signed proposal or SOW before work commences. Verbal agreements are not binding.

3.2 Payment Terms: Unless otherwise specified in the SOW, a 50% non-refundable deposit is required to begin any project. The remaining balance is due upon project completion and before final files are delivered. For packages with monthly retainers, the first monthly payment is due upon project launch.

3.3 Monthly Retainers: Monthly retainer fees cover ongoing hosting, maintenance, updates, and support as described in the selected package. Retainers are billed on the 1st of each month and are due within 7 days. You may cancel your retainer at any time with 30 days' written notice.

3.4 Late Payments: Invoices not paid within 14 days of the due date may be subject to a late fee of 1.5% per month on the outstanding balance. We reserve the right to suspend services, including website hosting, until overdue amounts are paid in full.

3.5 Refund Policy: The initial deposit is non-refundable as it secures your project timeline and resources. If you cancel a project after work has begun, you are responsible for payment for all work completed to date.

4. Intellectual Property Rights

4.1 Ownership Transfer: Upon full payment of all invoices, ownership of the final delivered design files transfers to you, the client. This includes logo files, graphic design deliverables, and website design assets as specified in the SOW.

4.2 Portfolio Rights: We retain the right to display all completed work in our portfolio, website, social media, and marketing materials unless explicitly agreed otherwise in writing.

4.3 Pre-Existing Materials: Any pre-existing intellectual property, templates, frameworks, code libraries, or tools used in your project remain the property of Wildflowr Digital or their respective owners. You are granted a non-exclusive license to use these materials as part of your delivered project.

4.4 Third-Party Assets: Stock photos, fonts, icons, or other third-party assets used in your project are subject to their own licensing terms. We will inform you of any such assets and their terms.

5. Client Responsibilities

You agree to provide all necessary content, materials, feedback, and approvals in a timely manner. Delays in providing materials or feedback may result in project timeline extensions. You are responsible for the accuracy and legality of all content you provide to us.

6. Revisions & Scope Changes

Each package includes a specified number of revision rounds as outlined in the SOW. Additional revisions beyond the included rounds will be billed at $75/hour. Significant changes to the project scope (scope creep) will require a revised SOW with adjusted pricing and timeline.

7. Warranties & Disclaimers

7.1 We warrant that all work will be performed in a professional and workmanlike manner consistent with industry standards.

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

7.3 We do not guarantee specific business results, search engine rankings, sales figures, conversion rates, or revenue increases as a result of our design services.

7.4 We are not responsible for any issues arising from third-party hosting providers, domain registrars, content management systems, or other third-party services.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WILDFLOWR DIGITAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless Wildflowr Digital and its owners, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from: (a) your use of our services; (b) content you provide; (c) your violation of these Terms; or (d) your violation of any third-party rights.

10. Termination

Either party may terminate a project with 30 days' written notice. Upon termination, you are responsible for payment of all work completed. We will deliver all completed materials within 14 business days of receiving final payment. Upon termination of a retainer, hosted websites will remain active for 30 days to allow for migration.

11. Force Majeure

Neither party shall be liable for delays or failures in performance caused by events beyond their reasonable control, including natural disasters, pandemics, internet outages, power failures, or acts of government.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the state in which Wildflowr Digital operates. Any disputes shall first be addressed through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration.

13. Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on our website. Continued use of our services after changes constitutes acceptance of the modified Terms.

14. Entire Agreement

These Terms, together with any applicable SOW and Privacy Policy, constitute the entire agreement between you and Wildflowr Digital and supersede all prior agreements, representations, and understandings.

15. Contact

For questions about these Terms, please contact us through the Contact page on our website.