Terms of Service

1. Acceptance of Terms

By accessing or using DigitoolzNow's services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our services.

Agreement Formation

A binding agreement is formed when:

• You submit a project request or place an order
• You make payment for our services
• We begin work on your project
• You use our hosting services

Changes to Terms

We reserve the right to modify these terms at any time. Changes will be effective upon posting on our website. Continued use of our services after changes constitutes acceptance of the new terms.

2. Our Services

Website Design and Development

• Custom website design and development
• Responsive, mobile-friendly layouts
• Basic search engine optimization (SEO)
• Content management system setup
• Basic functionality and features as specified

Logo Design and Branding

• Original logo design concepts
• Multiple revision rounds as specified in package
• Final files in various formats (PNG, JPG, SVG, PDF)
• Basic brand guidelines (for applicable packages)
• Social media templates (for applicable packages)

Hosting and Maintenance

• Web hosting with SSL certificate
• Regular security updates and backups
• Uptime monitoring and maintenance
• Content updates (for applicable plans)
• Technical support

Service Limitations

Our services are provided "as is" and we make no guarantees about:

• Specific search engine rankings
• Website traffic or conversion rates
• Third-party integrations or services
• Custom functionality not explicitly agreed upon

3. Client Responsibilities

Content and Materials

You are responsible for providing:

• All text content, images, and media
• Accurate business information and requirements
• Necessary permissions for any third-party content
• Timely feedback and approval during the project

Legal Compliance

You warrant that:

• You own or have rights to all provided content
• Your content does not infringe on third-party rights
• Your business activities are legal and compliant
• You will not use our services for illegal purposes

Communication and Feedback

For efficient project completion, you agree to:

• Respond to requests within 7 business days
• Provide specific, actionable feedback
• Designate a single point of contact
• Complete any required questionnaires or forms

4. Payment Terms

Payment Schedule

• Projects under $1,000: Payment due in full upfront
• Projects over $1,000: 50% upfront, 50% upon completion
• Hosting services: Monthly or annual billing in advance
• Rush projects: Full payment required upfront

Payment Methods

We accept payment via:

• Credit and debit cards (Visa, MasterCard, American Express)
• Bank transfers (for projects over $5,000)
• PayPal (upon request)

Late Payments

Late payment policies:

• Work may be paused on projects with overdue payments
• Hosting services may be suspended for non-payment
• A 1.5% monthly service charge may be applied to overdue amounts
• Collection costs may be added to outstanding balances

Refund Policy

• Design services: Refunds available before work begins
• Completed work: No refunds after final delivery and approval
• Hosting services: Pro-rated refunds for annual plans
• Unsatisfactory work: We will work to resolve issues or provide partial refunds

5. Intellectual Property

Client Ownership

Upon full payment, you own:

• The final website design and code
• Custom logos and graphic designs
• All content you provided
• Rights to use and modify the final deliverables

DigitoolzNow Rights

We retain rights to:

• Portfolio use and case study creation
• General design methodologies and processes
• Code frameworks and templates
• Knowledge and experience gained

Third-Party Assets

Some deliverables may include:

• Stock photos or graphics (properly licensed)
• Open-source software and frameworks
• Third-party plugins or tools
• Font licenses (where applicable)

Portfolio Rights

We may use completed projects for:

• Portfolio display on our website
• Case studies and marketing materials
• Social media promotion
• Award submissions and industry recognition

6. Project Timeline

Estimated Timelines

• Logo design: 3-10 business days depending on package
• Website projects: 1-6 weeks depending on complexity
• Hosting setup: 1-2 business days
• Rush projects: 48-72 hours (additional fees apply)

Timeline Dependencies

Project timelines depend on:

• Timely receipt of content and feedback
• Scope clarity and project requirements
• Client approval at each milestone
• Number of revision rounds

Delays and Extensions

Timelines may be extended due to:

• Client delays in providing content or feedback
• Scope changes or additional requirements
• Technical challenges or third-party dependencies
• Force majeure events

7. Revisions and Changes

Included Revisions

Each package includes specific revision rounds:

• Logo Essentials: 1 revision round
• Logo Pro Identity: 2-3 revision rounds
• Logo Brand Kit: Unlimited refinements within scope
• Website projects: 2-3 revision rounds per milestone

Additional Revisions

Beyond included revisions:

• Additional revisions charged at hourly rates
• Major scope changes require new project agreement
• Timeline adjustments for extensive changes
• Rush revision requests subject to availability

Final Approval

Projects are considered complete when:

• Client provides written approval
• Final files are delivered
• 7 days pass without revision requests
• Payment is received in full

8. Hosting Services

Service Level Agreement

• Uptime: 99.9% uptime guarantee
• Support: Email support within 24 hours
• Backups: Daily automated backups
• Security: SSL certificates and security monitoring

Acceptable Use

Hosting services may not be used for:

• Illegal activities or content
• Spam or unsolicited email
• Excessive resource consumption
• Malware or security threats

Service Termination

Hosting services may be terminated for:

• Non-payment of fees
• Violation of acceptable use policies
• Client request with 30 days notice
• Business closure or service discontinuation

9. Warranties and Guarantees

Service Warranties

We warrant that our services will:

• Be performed with professional skill and care
• Meet the specifications outlined in our agreements
• Be free from material defects for 30 days after delivery
• Comply with industry best practices

Satisfaction Guarantee

We guarantee:

• Professional quality deliverables
• Adherence to project specifications
• Responsive customer service
• Timely project completion (subject to client cooperation)

Warranty Limitations

Warranties do not cover:

• Issues caused by client modifications
• Third-party service failures
• Changes in technology or platform requirements
• Subjective design preferences

10. Limitation of Liability

Liability Limits

Our total liability for any claim is limited to:

• The amount paid for the specific service in question
• Direct damages only (no consequential or indirect damages)
• Claims must be made within one year of service completion

Excluded Damages

We are not liable for:

• Lost profits or business opportunities
• Indirect, punitive, or consequential damages
• Third-party claims or actions
• Force majeure events

Indemnification

You agree to indemnify us against claims arising from:

• Your content or materials
• Your use of our services
• Violation of these terms
• Infringement of third-party rights

11. Termination

Project Termination

Either party may terminate a project with written notice:

• Client termination: Payment due for work completed
• Our termination: Due to client breach or non-payment
• Mutual termination: By agreement of both parties

Effect of Termination

Upon termination:

• Outstanding payments become immediately due
• Work in progress will be delivered in its current state
• Confidential information must be returned
• Rights to completed work transfer upon payment

Survival

The following sections survive termination:

• Payment obligations
• Intellectual property rights
• Limitation of liability
• Confidentiality obligations

12. General Provisions

Governing Law

These terms are governed by the laws of the United States and the state where DigitoolzNow is incorporated.

Dispute Resolution

Disputes will be resolved through:

• Good faith negotiation as the first step
• Mediation if negotiation fails
• Binding arbitration as the final step
• Local jurisdiction for small claims

Force Majeure

Neither party is liable for delays caused by events beyond their reasonable control, including natural disasters, government actions, or pandemics.

Entire Agreement

These terms, along with our Privacy Policy and any signed agreements, constitute the entire agreement between the parties.

Contact Information

For questions about these terms, contact us at:

• Email: digitoolznow@gmail.com
• Phone: (352) 212-2552