Terms of Service

Effective July 24, 2026 · Digital Network Designs LLC

These Terms of Service ("Terms") govern your use of the websites, design services, hosting, and related services (together, the "Services") provided by Digital Network Designs LLC ("DND," "we," "us," or "our"). By ordering Services, signing a proposal, paying an invoice, or using our hosting, you agree to these Terms.

If you are agreeing on behalf of a company or organization, you represent that you are authorized to bind it, and "you" refers to that entity.

1. Services and scope

The specific work we perform is described in a written proposal, statement of work, quote, or order confirmation (each an "Order"). An Order together with these Terms forms the whole agreement between us. Where an Order conflicts with these Terms, the Order controls for that project.

Work outside the agreed scope — additional pages, redesigns after approval, features not listed, or repeated revision rounds beyond those specified — is billed separately at our then-current rates, and only after you approve it in writing.

2. What we need from you

Projects stall on missing material more often than anything else. You agree to provide, in a reasonable time:

• Text, images, logos, and other content for the site, in a usable format.
• Access credentials for any existing site, hosting account, domain registrar, or third-party service we need to work with.
• Timely feedback and approvals at each review stage.
• A single point of contact authorized to approve work on your behalf.

If a project goes dormant for more than sixty (60) days because we are waiting on you, we may invoice for work completed to that point and reschedule the remainder when you are ready.

3. Your content and your warranties

You retain ownership of all content you supply. You grant us a license to use, reproduce, modify, and publish that content solely to perform the Services.

You represent and warrant that you own or have permission to use everything you give us, including photographs, logos, fonts, music, and text, and that our use of it will not infringe anyone's rights. This matters practically: stock photos pulled from a search engine are a common and expensive mistake. If you are unsure whether you have the rights to an image, ask us before it goes on the site.

You are responsible for the accuracy and legality of your content, including any claims, prices, disclosures, or professional licensing information your industry requires you to display.

4. Intellectual property

What you own

On full payment of all amounts due for a project, you own the final deliverables produced specifically for you: the page layouts, custom code, images we created for you, and written copy. You may modify, move, or host them wherever you like.

What we retain

We retain ownership of our own pre-existing and general-purpose materials — code libraries, frameworks, build scripts, templates, techniques, and know-how we bring to every project. We grant you a perpetual, non-exclusive license to use those materials as embedded in your deliverables. We may reuse them on other projects.

Third-party components

Sites often include third-party components: fonts, plugins, themes, scripts, or stock imagery. Those remain governed by their own licenses, some of which require ongoing fees or restrict certain uses. We will tell you when a project depends on a licensed component.

Portfolio rights

Unless you tell us otherwise in writing, we may display your completed site, screenshots of it, and your business name in our portfolio and marketing materials. Ask and we will exclude you.

5. Fees and payment

• Design and build projects. Unless an Order says otherwise, a deposit is due before work begins and the balance is due on completion, prior to the site being deployed to your live domain.
• Hosting and recurring services. Billed monthly or annually in advance. Recurring service continues until cancelled under section 9.
• Invoices are due on the terms stated on the invoice. If no terms are stated, payment is due within fifteen (15) days.
• Late payment. Overdue amounts may accrue interest at 1.5% per month, or the maximum permitted by Texas law, whichever is less. You are responsible for reasonable costs of collection, including attorneys' fees.
• Suspension. If an account is more than thirty (30) days overdue, we may suspend Services after giving you written notice and a reasonable opportunity to pay. Suspension does not relieve you of amounts owed.
• Taxes. Fees are exclusive of applicable sales and use taxes, which we will add where required.
• Price changes. We may change recurring fees with at least thirty (30) days' written notice. Changes take effect at your next renewal.
• Third-party costs. Domain registrations, SSL certificates beyond those we include, stock imagery, premium plugins, and similar pass-through costs are billed to you at cost or as quoted.

6. Hosting

Hosting is subject to these Terms, our Acceptable Use Policy, and our Service Level Commitment.

You are responsible for the content and lawfulness of everything published on your hosted site, and for maintaining the confidentiality of any credentials we issue you. Tell us promptly if you believe an account has been compromised.

We take backups as described in our Service Level Commitment. Backups are a courtesy and a disaster-recovery measure, not a substitute for your own records. We recommend you keep an independent copy of anything you could not stand to lose. We are not liable for lost data beyond the remedies in the Service Level Commitment.

We may move your site between servers, change underlying infrastructure, or apply security patches without notice where required to protect the platform.

7. Third-party services

Sites commonly rely on services we do not control: domain registrars, payment processors, email providers, mapping and analytics services, booking platforms, and content delivery networks. We are not responsible for their availability, pricing, terms, or actions. Where you contract with them directly, their terms govern that relationship.

8. Warranties and disclaimers

We warrant that we will perform the Services with reasonable skill and care, consistent with generally accepted practice in our industry. If a deliverable does not conform to its Order, tell us within thirty (30) days of delivery and we will correct it at no charge. That correction is your exclusive remedy for defective work.

We do not warrant that the Services will be uninterrupted or error-free, that a website will achieve any particular search ranking, traffic volume, conversion rate, or business result, or that any site can be made immune to unauthorized access. Search engines change their algorithms without notice and rank sites at their sole discretion. Anyone who guarantees you a specific ranking is not being straight with you.

9. Term, cancellation, and what happens after

Cancelling recurring services

You may cancel hosting or maintenance at any time by giving us written notice, effective at the end of your current billing period. Fees already paid for the current period are not refundable except as set out in our Refund Policy.

Cancelling a project in progress

Either of us may cancel an in-progress design project on written notice. If you cancel, you owe for work completed through the cancellation date, and any deposit is applied against that amount. If we cancel other than for your breach, we will refund amounts paid for work not performed.

Termination for cause

Either party may terminate immediately if the other materially breaches these Terms and does not cure the breach within fifteen (15) days of written notice. We may suspend or terminate immediately, without the cure period, for violations of the Acceptable Use Policy that threaten our platform, other clients, or third parties.

Your data on the way out

On termination for any reason, and provided your account is paid current, we will on request provide a copy of your site files, database, and DNS record set in a standard format. We will make that available for at least thirty (30) days after termination, after which we may delete it.

10. Limitation of liability

To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill, or lost or corrupted data, regardless of the theory of liability and even if advised of the possibility.

Our total aggregate liability arising out of or relating to the Services is limited to the amounts you paid us for the Services giving rise to the claim during the twelve (12) months immediately preceding the event.

These limits do not apply to your payment obligations, either party's indemnification obligations, or liability that cannot be limited under applicable law.

You acknowledge that these limits are a fundamental basis of our pricing, and that the fees would be materially higher without them.

11. Indemnification

You will defend, indemnify, and hold harmless DND, its members, officers, and contractors from any third-party claim, damage, loss, liability, or expense (including reasonable attorneys' fees) arising from: (a) content you supply or publish; (b) your violation of these Terms or the Acceptable Use Policy; (c) your violation of any law or third-party right; or (d) your products, services, or business operations.

We will defend, indemnify, and hold you harmless from any third-party claim that deliverables we created for you, used as delivered and unmodified, infringe a United States copyright or trademark. This does not apply to content you supplied, third-party components, or modifications made by anyone other than us.

12. Confidentiality

Each party may receive non-public information from the other. Both parties agree to protect such information with at least reasonable care, use it only to perform or receive the Services, and not disclose it to third parties except to employees and contractors bound by similar obligations, or where required by law.

13. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. The exclusive venue for any dispute is the state or federal courts located in Texas, and both parties consent to personal jurisdiction there.

Before filing suit, both parties agree to attempt in good faith to resolve any dispute by direct discussion for at least thirty (30) days after written notice of the dispute. This does not prevent either party from seeking injunctive relief.

14. General

• Independent contractor. We are an independent contractor, not your employee, partner, agent, or joint venturer.
• Assignment. Neither party may assign these Terms without the other's written consent, except in connection with a merger or sale of substantially all assets.
• Subcontractors. We may use qualified subcontractors and remain responsible for their work.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, including natural disasters, power or network failures at upstream providers, and government action.
• Notices. Written notice may be given by email to the addresses on file, and is effective on the next business day after sending.
• Severability. If a provision is unenforceable, the rest remains in effect and the unenforceable provision is modified to the least extent necessary to make it enforceable.
• Waiver. Failure to enforce a provision is not a waiver of it.
• Changes. We may update these Terms. For material changes affecting recurring Services, we will give at least thirty (30) days' notice by email or site notice. Continuing to use the Services after the effective date constitutes acceptance.
• Entire agreement. These Terms, together with any Order and the policies referenced here, are the entire agreement between us and supersede prior discussions.

15. Contact

Digital Network Designs LLC
Attn: Legal
East Texas
Email: legal@digitalnetworkdesigns.com