Terms of Service
Please read these Terms of Service (“Terms”) before using allwebuild.com (the “Site”) or purchasing services from allWebuild (“allWebuild,” “we,” “us,” or “our”). By using the Site, submitting a project, or accepting a written project agreement, you agree to the applicable Terms.
1. Website and Services
allWebuild provides website design, development, implementation, launch assistance, and optional ongoing care services for businesses. Website examples and automatically generated drafts are for planning and demonstration and are not completed deliverables.
2. Written Scope and Fixed Price
Selections and prices displayed in the website builder are preliminary planning estimates. Before paid custom production begins, we will provide a written scope describing the approved deliverables, exclusions, schedule, fixed project price, and payment plan. Written proposals are valid for 14 calendar days from the issue date unless the proposal states otherwise. No optional feature, additional work, or additional charge will be added without the client’s approval.
3. Payment Schedule
- First payment (40%): due after the client approves the written scope and fixed price. Work begins after this payment is received.
- Second payment (30%): due after the first website draft is delivered.
- Final payment (30%): due after final approval and before launch, file transfer, or final handoff.
The first payment reserves production time and becomes non-refundable once scheduling, project setup, or custom work begins, unless the written project agreement states otherwise. Third-party fees, including domains, hosting, software, stock assets, payment processing, or subscriptions, are not included unless stated in writing.
4. Client Responsibilities
The client must provide accurate business information, timely feedback, approvals, and materials needed for the project. The client is responsible for the truthfulness and legality of all claims, licenses, testimonials, prices, offers, policies, text, logos, photos, videos, and other supplied content, and represents that it owns or has permission to use those materials.
5. Communication, Schedule, and Dormant Projects
We generally review a complete project submission within 3–5 business days. Custom production begins after the written scope and fixed price are approved and the required production payment is received. The estimated production and launch schedule will be stated in the written project agreement. Timelines vary based on project scope, client response time, revisions, and third-party services. A stated date is an estimate unless it is expressly identified as a guaranteed deadline in writing. The client will designate one authorized contact and provide complete materials, decisions, and consolidated feedback on time. If information, access, payment, feedback, or approval is delayed, the schedule moves accordingly. If the client does not respond for 14 calendar days, allWebuild may pause the project and move it in the production queue. After 30 calendar days without a response, allWebuild may classify the project as dormant after written notice. Restarting a dormant project is subject to availability and may require an updated schedule, a reactivation fee, or a new quote.
6. Reviews, Revisions, and Acceptance
Two consolidated revision rounds are included only when stated in the approved scope. The client should provide one consolidated written response within seven calendar days after a draft or milestone is delivered. New pages, redesigns, added content, special integrations, new functions, or work outside the approved scope require written approval and may require a separate quote. Silence alone is not final approval. Launch requires affirmative final approval and final payment; changes requested after final approval are outside the completed scope unless agreed otherwise in writing.
7. Suspension, Cancellation, and Termination
Either party may end a project by written notice. allWebuild may suspend work for nonpayment, material breach, unlawful or infringing content, abusive conduct, or a dormant project. The client remains responsible for work completed, earned milestones, and approved nonrecoverable third-party expenses through the effective date. Any refundable balance, if applicable, will be determined after those amounts are deducted. The first payment remains subject to Section 3.
8. Legal and Regulatory Content
allWebuild may technically place or provide general starting language for privacy notices, terms, cookie notices, disclaimers, accessibility statements, or similar pages. These materials are not legal advice or a guarantee of compliance. The client is responsible for obtaining advice from a qualified professional and for ensuring that the completed website, business practices, and content comply with laws and industry requirements applicable to the client.
9. Ownership, License, and Handoff
After full payment, the client owns final custom text, graphics, and website files created specifically for and identified as deliverables in the written scope, subject to third-party licenses. allWebuild retains ownership of its pre-existing and reusable tools, code, components, systems, methods, templates, builder technology, and know-how, and grants the client a nonexclusive license to use any such material embedded in the final website. Handoff includes only the files, credentials, and accounts identified in the written scope; a source repository or transferable third-party license is not included unless stated in writing. Unless otherwise agreed in writing, allWebuild may display completed work in its portfolio and marketing materials.
10. Third-Party Services and Additional Expenses
Domain registrars, hosting providers, analytics, form processors, booking systems, payment processors, fonts, plugins, and stock-media providers operate under their own terms and privacy policies. Their availability, pricing, security, and performance are outside our control. Domain, hosting, paid software, stock assets, processing charges, subscriptions, and similar expenses are not included unless stated in writing. allWebuild will obtain the client’s approval before purchasing or adding a separately charged item. The client is responsible for its accounts and ongoing charges unless agreed otherwise in writing.
11. Confidentiality
Each party will use reasonable care to protect nonpublic business, account, and project information received from the other party and will use it only for the project. This obligation does not cover information that is public through no breach, already lawfully known, independently developed, received lawfully from another source, or required to be disclosed by law.
12. Monthly Care and Post-Launch Responsibility
Monthly care is optional and begins only after the client accepts a separate monthly service agreement. The Essential plan and Care + Updates plan are limited to the checks, correction time, and update time described in that agreement. Unused time does not roll over. Work outside the plan is quoted separately. Unless the separate agreement states otherwise, cancellation requires 30 days’ written notice and payments for the current billing period are non-refundable. After launch or handoff, the client is responsible for its website, credentials, third-party accounts, content, backups, and renewals except for duties expressly included in an active care plan.
13. No Guarantee of Results
We do not guarantee specific traffic, leads, revenue, rankings, search placement, accessibility compliance, legal compliance, or business results. Results depend on factors outside our control.
14. Warranty Disclaimer and Limitation of Liability
To the fullest extent permitted by law, the Site and services are provided without warranties not expressly stated in the written project agreement. allWebuild is not liable for indirect, incidental, special, exemplary, or consequential damages, lost profits, lost data, third-party outages, or claims arising from client-provided materials. Our aggregate liability relating to a specific service will not exceed the amount the client paid allWebuild for that service.
15. Indemnification
The client agrees to indemnify and hold harmless allWebuild, its owners, contractors, and affiliates from claims, losses, liabilities, costs, and reasonable legal fees arising from client-provided content, infringement, licensing violations, inaccurate or unlawful business claims, the client’s products or services, or the client’s violation of law or these Terms.
16. Disputes and Governing Law
These Terms are governed by Texas law, without regard to conflict-of-law rules. To the extent enforceable, disputes arising from the services will be resolved through binding individual arbitration rather than a jury trial, and each party waives participation in class or representative actions. Either party may bring an eligible matter in small-claims court. This section does not prevent either party from seeking temporary injunctive relief to protect intellectual property or confidential information.
17. Changes, Severability, and Entire Agreement
We may update these Site Terms by posting a revised version. The Terms applicable to a paid project are those incorporated into the accepted written project agreement. If a provision is unenforceable, the remaining provisions remain effective. The written project agreement, together with incorporated policies, is the complete agreement for that project.
18. Accessibility and Contact
If you have difficulty accessing the Site or questions about these Terms, contact contact@allwebuild.com.