Terms of Service – Web Design and Development Service Bundle
Effective as of date and time of purchase
This Terms of Service (“Agreement”) is a binding legal contract between The Web Atrium LLC, a California limited liability company (“Firm”), and the person or entity purchasing the service bundle (“Client”). By purchasing the service bundle online and affirmatively agreeing to these terms, Client agrees to be bound by this Agreement.
1. Scope of Services and Hours
Client is purchasing a web design and/or development service bundle that includes up to 5, or 10 hours of work from Firm dependent on bundle purchased. These hours may include research, design, development, testing, project management, or other mutually agreed-upon services related to the project.
2. Complimentary Discovery Call
Client is entitled to one (1) complimentary 30-minute discovery call to define the scope of work. This session is to be scheduled within 30 days of purchase. The purpose of the call is to outline project goals, requirements, and expectations prior to beginning the engagement.
3. Non-Refundable Payment
All payments made for service bundles are non-refundable, including but not limited to partial payments or deposits. By purchasing the bundle, Client acknowledges that the Firm is reserving time and resources which become unavailable to other clients upon booking.
4. Commencement of Work
No work shall commence until both parties have executed a Statement of Work (“SOW”) clearly outlining the project scope, deliverables, estimated timeline, and responsibilities. The Firm is under no obligation to begin work until the SOW is fully signed and returned.
5. Purchase of Additional Hours
Client may purchase additional service bundles or hours at any time. Each new purchase may require a revised or new SOW and will be governed by these same Terms of Service unless otherwise stated.
6. Use and Expiration of Hours
Purchased hours must be used within 6 months of the date of the executed SOW, unless otherwise agreed in writing. Unused hours are not refundable and may not be applied to future, unrelated projects unless expressly approved in writing by the Firm.
7. Revisions and Scope Changes
Any change in scope must be mutually agreed upon in writing. If the requested changes exceed the hours or scope defined in the original SOW, the Firm may require the purchase of additional service hours or an updated SOW.
8. Communication
Firm agrees to maintain regular communication during the course of the project and respond to reasonable Client inquiries during standard business hours (Monday–Friday, 9 AM–5 PM PT). Requests outside these hours may be addressed at the discretion of the Firm and could incur additional fees.
9. Limitation of Liability
To the maximum extent permitted by law, the Firm shall not be liable for any indirect, incidental, special, or consequential damages, or loss of profits, revenue, data, or business opportunities arising out of or related to the Services provided under this Agreement.
10. Dispute Resolution and Mediation
In the event of a dispute arising out of or related to this Agreement or the Services provided, both parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved informally, the parties agree to submit the dispute to mediation in Santa Cruz County, California, before a mutually agreed-upon mediator. If mediation is unsuccessful, either party may pursue legal remedies in accordance with California law.
Each party shall bear its own costs associated with mediation. This clause shall survive the termination or expiration of this Agreement.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any legal action shall be brought exclusively in the courts located in Santa Cruz County, California.
12. Entire Agreement
This Agreement, together with any executed SOWs, represents the entire understanding between the parties and supersedes all prior agreements, communications, or representations, whether oral or written, regarding the subject matter herein.
13. Electronic Acceptance
By purchasing the service bundle through the Firm’s website and checking the box indicating agreement to these terms, Client agrees to conduct business electronically and acknowledges that their electronic acceptance constitutes a valid and binding signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act)