These Terms and Conditions (“Terms”) apply to website design, website development, website maintenance, hosting, search engine optimization, digital marketing, content development, and related services (“Services”) provided by [Pig Art Graphics] (“Company,” “we,” “us,” or “our”) to the client (“Client,” “you,” or “your”).
By approving a proposal, estimate, project, service agreement, or recurring service provided by the Company, the Client agrees to these Terms.
1. Scope of Services
The Company will provide the Services described in the applicable proposal, estimate, statement of work, invoice, or service agreement.
Services may include:
- Website design and development
- WordPress development
- Website redesigns
- E-commerce development
- Website maintenance and support
- Website hosting
- Search engine optimization (SEO)
- Local search optimization
- Google Business Profile assistance
- Website content development
- Digital marketing
- Website analytics and tracking
- Domain, email, and third-party service configuration
- Other related website and marketing services
Any work not specifically included in the agreed scope may be considered additional work and may require additional fees.
2. Proposals and Project Approval
Project pricing, deliverables, estimated schedules, and payment requirements will normally be outlined in a written proposal, estimate, or service agreement.
Approval may be provided electronically, in writing, through payment of a deposit or invoice, or through another mutually accepted method.
Changes requested after approval may affect the project cost and completion schedule.
3. Client Responsibilities
The Client agrees to provide the information, content, images, logos, account credentials, approvals, and other materials reasonably required to complete the Services.
The Client is responsible for reviewing information supplied to the Company for accuracy and completeness.
Project schedules may be extended when required information, materials, feedback, approvals, or access are not provided in a timely manner.
4. Website Content and Materials
Unless specifically included in the project scope, the Client is responsible for supplying website text, photographs, videos, logos, trademarks, product information, pricing, policies, and other content.
The Client represents that it owns or has permission to use all materials supplied to the Company.
The Client is responsible for ensuring that its website content complies with applicable laws, regulations, copyright requirements, trademark requirements, industry requirements, and licensing restrictions.
The Company is not responsible for claims arising from materials supplied or approved by the Client.
5. Artificial Intelligence and Content Development
The Company may use professional software, research tools, automation, artificial intelligence, and other technologies to assist with content development, research, editing, optimization, design, or production.
All final content should be reviewed and approved by the Client before publication. The Client remains responsible for confirming factual claims, professional statements, pricing, legal information, medical information, financial information, and other business-specific information.
6. Revisions and Changes
Reasonable revisions may be included as specified in the project proposal.
Requests that materially change the approved design, functionality, content, project direction, or scope may be considered additional work and billed separately.
The Company will notify the Client when a requested change is expected to result in additional charges.
7. Payment Terms
Payment terms will be stated in the applicable proposal, invoice, or service agreement.
Deposits and progress payments may be required before work begins or continues.
Invoices are due according to the payment terms stated on the invoice. The Company reserves the right to suspend work or Services when an account becomes past due.
Additional work outside the original scope may be billed separately.
Unless otherwise stated in writing, payments for completed work, third-party purchases, hosting, domain registrations, licenses, advertising expenses, and other committed costs are non-refundable.
8. Project Delays and Inactive Projects
The Company will make reasonable efforts to complete projects according to agreed schedules. Completion dates may change because of Client delays, requested changes, technical issues, third-party services, or circumstances outside the Company’s reasonable control.
Projects that become inactive because the Client does not provide required materials, feedback, approvals, or payment may be placed on hold.
Additional fees may apply to restart a project that has remained inactive for an extended period.
9. Website Launch and Client Approval
Before launch, the Client is responsible for reviewing the website and notifying the Company of required corrections.
Client approval to launch the website constitutes acceptance of the website in its substantially completed form, subject to any separately agreed post-launch corrections or maintenance services.
The Client should review website content, contact information, forms, links, pricing, legal notices, and other business information before approving launch.
10. Search Engine Optimization
SEO and local search services are intended to improve the website’s technical structure, content, relevance, usability, and visibility.
The Company does not guarantee specific search engine rankings, traffic levels, leads, sales, placement in Google search results, Google Maps placement, AI-generated search results, or continued visibility for any particular keyword or search phrase.
Search engines and artificial intelligence platforms use proprietary systems and algorithms that can change without notice.
11. Google Business Profile and Third-Party Platforms
Services involving Google Business Profile, Google Analytics, Google Search Console, social media platforms, advertising platforms, email providers, payment processors, or other third-party services are subject to the policies and availability of those providers.
The Company does not control third-party account suspensions, verification requirements, algorithm changes, policy changes, outages, reviews, rankings, or platform decisions.
12. Website Hosting and Maintenance
When hosting or maintenance services are provided, the specific services included will be described in the applicable service agreement or plan.
The Company will use commercially reasonable efforts to maintain website availability, security, backups, software updates, and related services included in the plan.
No website, hosting environment, software platform, or security system can be guaranteed to operate without interruption or be completely protected against hacking, malware, data loss, software conflicts, outages, or other technical problems.
13. WordPress, Plugins, Themes, and Third-Party Software
Websites may use WordPress, plugins, themes, APIs, fonts, integrations, and other third-party software or services.
The Company is not responsible for changes, defects, vulnerabilities, discontinued products, licensing changes, compatibility problems, or service interruptions caused by third-party products.
Additional work required because of third-party changes or failures may be billed separately unless covered under an applicable maintenance agreement.
14. Domain Names and Email Services
When the Company assists with domain names, DNS, email accounts, SSL certificates, or related services, those services may be provided by third parties.
The Client is responsible for maintaining ownership, accurate account information, renewal payments, and access credentials unless otherwise agreed in writing.
The Company is not responsible for domain expiration, email interruption, DNS problems, or account loss resulting from the Client’s failure to maintain required accounts or payments.
15. E-Commerce Websites
For e-commerce websites, the Client is responsible for product information, pricing, taxes, shipping policies, refund policies, inventory, fulfillment, payment processing, and compliance with applicable laws.
The Company does not guarantee the uninterrupted operation of payment gateways, shipping integrations, tax services, or other third-party e-commerce systems.
16. Accessibility and Legal Compliance
The Company may implement generally accepted website development practices intended to improve usability and accessibility. However, unless specifically included in the scope of work, the Company does not provide legal advice or guarantee compliance with the Americans with Disabilities Act (ADA), Web Content Accessibility Guidelines (WCAG), privacy laws, consumer protection laws, or other legal requirements.
The Client should consult qualified legal counsel regarding the laws and regulations applicable to its business and website.
17. Privacy Policies, Terms, and Legal Documents
Any privacy policy, terms and conditions, disclaimer, cookie notice, accessibility statement, or similar document supplied by the Company as part of website development is provided for general informational or implementation purposes unless prepared by qualified legal counsel.
The Client is responsible for obtaining legal advice concerning the documents required for its business.
18. Intellectual Property
Upon full payment of all amounts due, the Client will receive rights to the final custom website design, content, and materials created specifically for the Client, subject to any third-party licenses and other limitations stated in the project agreement.
Upon completion of the project and receipt of full payment of all amounts due, ownership of the completed website and its Client-specific content will transfer to the Client. From that point forward, the Client assumes ownership and responsibility for the website, its content, operation, maintenance, security, updates, and future modifications, except for any services the Company separately agrees to provide under an ongoing hosting, maintenance, or support agreement.
The Company retains ownership of its pre-existing materials, development methods, processes, reusable code, templates, tools, systems, techniques, and general knowledge.
Third-party software, themes, plugins, stock photography, fonts, and other licensed materials remain subject to their respective license agreements.
19. Portfolio Rights
Unless otherwise agreed in writing, the Company may display completed work in its portfolio, website, presentations, social media, marketing materials, and other promotional communications.
Confidential information will not knowingly be disclosed as part of such promotional use.
20. Website Performance
The Company may use reasonable development practices intended to provide good website performance.
Website speed and performance can be affected by hosting, internet connections, third-party scripts, plugins, advertising systems, analytics, fonts, images, videos, external services, browser technology, and future website modifications.
The Company does not guarantee a specific Google PageSpeed Insights score, Core Web Vitals score, loading time, or other third-party performance measurement unless specifically stated in writing.
21. Security
The Company will use reasonable practices appropriate to the Services provided but cannot guarantee that a website will never experience hacking, malware, unauthorized access, data loss, spam, or other security incidents.
The Client agrees to maintain appropriate passwords, account security, and access controls for accounts under its control.
22. Backups
When website backups are included in a maintenance or hosting plan, the Company will make reasonable efforts to maintain backups according to the applicable service plan.
Backups are intended as a recovery measure and do not constitute a guarantee against all forms of data loss.
23. Third-Party Costs
The Client is responsible for third-party costs unless specifically included in the Company’s pricing.
These costs may include hosting, domain registration, premium plugins, software licenses, stock photography, fonts, advertising expenditures, payment processing fees, email services, APIs, and other external services.
24. Limitation of Liability
To the maximum extent permitted by applicable law, the Company will not be liable for indirect, incidental, special, consequential, or lost-profit damages resulting from the Services, website downtime, data loss, security incidents, search engine changes, third-party services, or the use or inability to use a website.
To the maximum extent permitted by law, the Company’s total liability arising from a particular project or service will not exceed the amount paid by the Client to the Company for the specific Services giving rise to the claim.
25. Indemnification
The Client agrees to indemnify and hold the Company harmless from claims, damages, liabilities, and reasonable expenses arising from content, materials, products, services, representations, or instructions supplied or approved by the Client, including claims involving copyright, trademark, privacy, advertising, or other legal rights.
26. Termination of Services
Either party may terminate ongoing Services according to the terms of the applicable service agreement.
The Client remains responsible for payment for Services performed and expenses incurred through the termination date.
Upon termination, third-party licenses, hosting services, maintenance services, subscriptions, or other services provided through the Company may end unless arrangements are made to transfer or continue them.
27. Force Majeure
The Company will not be responsible for delays or failures caused by circumstances reasonably beyond its control, including natural disasters, power failures, internet outages, hosting failures, cyberattacks, government actions, labor disruptions, third-party service failures, or similar events.
28. Governing Law
These Terms will be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles.
Any dispute concerning these Terms or Services will be handled in the appropriate jurisdiction as permitted by applicable law and any separate written agreement between the Company and Client.
29. Changes to These Terms
The Company may update these Terms periodically. The version applicable to a specific project or ongoing service will be determined by the agreement between the Company and Client and applicable law.
Material changes affecting an existing contractual relationship will not supersede separately agreed written terms unless permitted by that agreement or accepted by the Client.
30. Entire Agreement and Order of Precedence
These Terms, together with the applicable proposal, estimate, statement of work, invoice, or service agreement, constitute the agreement concerning the Services.
If a specific written proposal or service agreement conflicts with these general Terms, the terms of the specific written agreement will control to the extent of the conflict.
31. Contact Information
Questions concerning these Terms and Conditions may be directed to:
Pig Art Graphics
23 Forest Drive, Doylestown, PA 18901
267-718-5400
tknoble@tknoble
https://www.pigartgraphics.com