Service Agreement

Section 1

Scope of Work

The specific scope of work, deliverables, features, pages, and functionalities to be developed are defined in the project proposal or statement of work issued by Tri County Web Design and agreed upon by the Client.

• All deliverables are limited to those explicitly outlined in the written project proposal.
• Work outside the agreed scope will be treated as a separate change order and quoted before any additional work begins.
• The Client must approve the project proposal in writing before work begins. The deposit submission constitutes approval.
• Tri County Web Design will make reasonable efforts to achieve the agreed design goals. Minor deviations may occur; the Company will address reasonable concerns within the included revision allowance.

Section 2

Payment Terms

• Deposit (50%): A non-refundable deposit equal to fifty percent (50%) of the total project price is required before any work begins.
• Final Balance (50%): The remaining fifty percent (50%) is due in full before the completed website is launched, transferred, or delivered.
• Milestone Payments: For larger projects, milestone-based payment schedules may be agreed upon in writing and detailed in the project proposal.
• Invoicing: Invoices are payable within fifteen (15) days of the invoice date unless otherwise agreed in writing.
• Late Fees: Overdue invoices will accrue a late charge of 1.5% per month on the outstanding amount.
• Collections: The Client agrees to pay all reasonable costs of collection, including attorney's fees, incurred in collecting overdue amounts.

Section 3

Non-Refundable Policy

• The initial deposit is non-refundable under all circumstances once work has begun, including project cancellation initiated by the Client.
• Payments made for work already completed are non-refundable, regardless of the reason for cancellation.
• Chargebacks or payment disputes filed against Tri County Web Design for services rendered are considered a breach of this Agreement and may result in legal action.
• The Company may, at its sole discretion, consider partial credits in extraordinary circumstances, without creating precedent or obligation.

Section 4

Domain Name Disclaimer

Tri County Web Design does not own, control, or guarantee the availability of any domain name. Domain names are managed by independent third-party registrars subject to their exclusive policies.

• We cannot guarantee that any specific domain name is or will remain available for registration.
• The Client is solely responsible for registering, renewing, and maintaining domain name ownership.
• Domain registration, renewal, and transfer fees are the Client's responsibility.
• We are not liable for domain expiration, loss of ownership, or disputes arising from domain registration.

Section 5

Client Responsibilities

• Content Delivery: The Client must provide all written content, images, logos, videos, and materials needed for the project in a timely manner and in acceptable formats.
• Accuracy and Legality: The Client guarantees that all provided content is accurate, owned or licensed, and does not infringe upon any third-party rights.
• Timely Feedback: The Client agrees to provide feedback, approvals, and requested information within five (5) business days. Extended delays may result in project suspension.
• Communication: The Client agrees to maintain professional communication and designate a primary point of contact.
• Legal Compliance: The Client is responsible for ensuring the website complies with all applicable laws, regulations, and accessibility standards.

Section 6

Revisions and Additional Charges

Revisions included in the project price are specified in the proposal.

• Included Revisions: Each project includes the number of revision rounds specified in the proposal. Revisions must be consolidated and submitted in writing.
• Additional Revision Fee: Revisions beyond the included rounds will be billed at the hourly rate specified in the proposal, with a minimum of one (1) hour per session.
• Change Orders: Requests for new features, pages, or integrations outside the agreed scope will be documented as change orders and must be approved in writing before work begins.
• Format of Requests: All revision requests must be submitted in writing (email preferred) and must be specific and actionable.

Section 7

Timeline Disclaimer

All estimated project timelines and completion dates are good-faith estimates and are not guaranteed. Timelines may be affected by:

• Delays in Client-provided content, feedback, or approvals.
• Change orders, additional revision rounds, or scope expansions.
• Third-party dependencies, including hosting setup, domain transfers, or API integrations.
• Unforeseen technical challenges, software conflicts, or environmental issues.
• Outstanding payment balances causing a project hold.
• Force majeure events outside the Company's reasonable control.

Section 8

Ownership and Intellectual Property

• Transfer upon Full Payment: Upon receipt of full payment, Tri County Web Design assigns to the Client ownership of custom design elements and code created exclusively for the Client's project, excluding third-party components.
• No Transfer Before Payment: All deliverables, designs, code, and work product remain the sole property of Tri County Web Design until complete payment is received.
• Third-Party Licenses: Ownership of themes, plugins, stock photography, fonts, and frameworks is governed by each item's applicable license agreement.
• Portfolio Rights: Tri County Web Design retains the irrevocable right to display completed work in its portfolio and marketing materials unless confidentiality is agreed upon in writing before project completion.

Section 9

Hosting and Third-Party Services

Tri County Web Design is not a hosting provider. The Company may assist in selecting or setting up hosting, but all hosting relationships are between the Client and the chosen provider.

• The Company is not responsible for hosting outages, data loss, or security breaches at the hosting provider level.
• Third-party plugins, themes, APIs, and payment gateways are subject to their own terms, pricing, and support.
• We are not responsible for third-party service changes that affect the Client's website after project delivery.
• Any third-party service costs are the Client's responsibility unless explicitly included in the project quote.

Section 10

Termination Conditions

• Non-Payment: Failure to pay any invoice within fifteen (15) days of its due date entitles the Company to suspend work and, after thirty (30) days, to terminate the Agreement.
• Lack of Communication: If the Client fails to respond for thirty (30) or more consecutive days without prior notice, the Company may treat the project as abandoned.
• Abusive Conduct: Abusive, threatening, or harassing behavior is grounds for immediate termination without refund.
• Illegal Requests: Requests to develop illegal or unethical content are grounds for immediate termination.
• Scope Creep: Repeated out-of-scope requests without compensation agreement may result in project suspension or termination.
• Upon Termination: All outstanding balances become immediately due. No deliverables will be released until all amounts owed are paid in full.

Section 11

Limitation of Liability

• Loss of revenue, profits, business opportunities, or anticipated savings.
• Data loss, data corruption, or unauthorized access to the Client's systems.
• Website downtime, performance issues, or service interruptions.
• Actions, omissions, or failures of third-party service providers.
• Indirect, incidental, consequential, special, or punitive damages of any kind.

Section 12

Agreement Acceptance

This Agreement is binding upon the earliest of the following:

• Submission of a deposit payment by the Client.
• Written approval of the project proposal (email confirmation accepted).
• Signed written agreement between both parties.
• Commencement of project work by Tri County Web Design at the Client's request.

By engaging our services in any of the above manners, the Client represents they have read, understood, and agree to be bound by this Agreement, the Terms and Conditions, and Privacy Policy in their entirety.

Section 13

Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the State of Ohio. Disputes that cannot be resolved amicably shall first be submitted to mediation. If mediation fails, disputes shall be resolved in the state or federal courts of Ohio. The prevailing party shall be entitled to recover reasonable attorney's fees and costs.

Signatures

Acknowledgment

By signing below, both parties agree to all terms set forth in this Agreement.