Terms of Service
1. Agreement to Terms
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Client”) and Midwest Web Design, LLC ("Company", “we”, “us”, or “our”), concerning your access to and use of our website design and development services. You agree that by engaging our services, you have read, understood, and agreed to be bound by all of these Terms of Service.
2. Services
Midwest Web Design, LLC provides a range of website services including, but not limited to, custom website design, website redesign, responsive web development, e-commerce website setup, and website maintenance. The specific scope of services, deliverables, and timelines will be outlined in a separate Statement of Work (SOW) or service agreement for each Client.
3. Client Obligations
The Client agrees to provide all necessary access to information, data, and platforms (e.g., website back-end, hosting, domain registrar, analytics, and content files) required for Midwest Web Design, LLC to perform the agreed-upon services. The Client is responsible for the accuracy and legality of all materials provided to us for use in projects.
4. Payment Terms
Payment for services will be governed by the terms specified in the Client's SOW or service agreement. Services are typically billed on a monthly retainer or project basis, payable in advance unless otherwise stated. Late payments may result in a suspension of services and/or late fees as specified in the agreement. All third-party costs, such as hosting, premium plugins, stock assets, paid integrations, and domain renewals, are the sole responsibility of the Client and are to be paid directly to the third-party provider.
5. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the term of the engagement. This includes business strategies, client data, project performance data, and other non-public information. This obligation of confidentiality shall survive the termination of the service agreement.
6. Intellectual Property
The Client shall retain ownership of all pre-existing intellectual property, including logos, trademarks, and content provided to Midwest Web Design, LLC. Any new creative materials, page layouts, or content developed by Midwest Web Design, LLC specifically for the Client during the engagement shall become the property of the Client upon full payment for the services rendered.
7. Limitation of Liability
Midwest Web Design, LLC will make every effort to achieve the Client's website goals, but we do not guarantee specific results, such as search engine rankings, lead volume, or revenue increases, as these are subject to factors beyond our direct control. In no event shall Midwest Web Design, LLC be liable for any lost profits, consequential, incidental, or special damages arising out of or in connection with our services.
8. Term and Termination
The term of the service agreement will be specified in the SOW. Either party may terminate the agreement with written notice, typically 30 days, as outlined in the SOW. Upon termination, the Client is responsible for all fees accrued up to the effective termination date. Midwest Web Design, LLC will cooperate in the transition of all account access and data back to the Client.
9. Governing Law
These Terms shall be governed by and defined following the laws of the jurisdiction in which Midwest Web Design, LLC is registered. Any disputes arising from these terms will be resolved in the appropriate courts of that jurisdiction.