Website Design & Development Terms of Service

Last Updated: December 1, 2024

1. Overview

This Terms of Service Agreement (“Agreement”) outlines the terms and conditions governing the provision of website design and development services (“Services”, “website”) by Cemah Creative LLC (“Provider”, “we”, “us”, “our”) to its clients (“Client”, “you”, “your”). These terms supplement the terms within our Universal Terms of Service Agreement.

2. Restrictions and Limitations

1. We reserve the right to deny requests that do not adhere to industry best practices, industry user experience (UX) standards, accessibility standards or legal compliance requirements. If a request is denied, we will offer an explanation and any available alternate options.
2. We cannot implement features to collect, store, or transmit sensitive information. This includes, but is not limited to, medical information, Social Security Numbers, TIN/EIN, license numbers, credit card details, banking details, and employment history.
3. We cannot implement features requiring user authentication using passwords for the purpose of restricting access to information (portals.)
4. We cannot implement features to facilitate a transaction for money or other compensation (eCommerce), including shopping carts and checkouts. eCommerce features may be added using third-party service integrations.
5. We cannot guarantee compatibility with third-party services, including future compatibility. If a third-party service integration is listed in the scope of work, we have verified compatibility at the time of implementation.
6. Stock images and videos obtained by us cannot be used outside of the website. Licensing information can be provided for alternate usages.
7. We will make reasonable efforts to make the website content and elements editable via the content management system software. However, some aspects may only be editable via code modification.

3. Browser Support

Your website will be compatible with the major versions of web browsers released in the two years preceding its launch, including Chrome, Safari, Edge, and Firefox. While there may be slight variations in design and layout across different browsers, the website’s functionality will remain consistent.

4. Legal Requirements

It is your responsibility to comply with any legal requirements for operating a website within your jurisdiction, which may be general or specific to your industry. You must provide all legally required text and content. We do not offer services for drafting, reviewing, or modifying legally mandated text. We are not liable for any legal non-compliance issues and recommend consultation with an attorney to understand your requirements.

5. Accessibility

We will make all reasonable efforts to design and develop your website to conform to the WCAG 2.1 AA accessibility guidelines. Manual and automated testing are used in conjunction with user feedback to identify areas of improvement. Any WCAG guidelines that fail to be met are unintentional and considered to be bugs. The WCAG guidelines are an industry standard with no legal basis and does not guarantee compliance with the Americans With Disabilities Act (ADA.)

In the event of being made aware of an accessibility issue, we will propose a solution and resolution within 3 business days.

More information about WCAG can be found at:
https://www.w3.org/WAI/standards-guidelines/wcag/

6. Third-Party Integrations

Integrations with third-party services may impact the performance, usability, accessibility and security of the website. We are unable to provide support for any third-party service and are not able to coordinate on your behalf to resolve any issues.

7. Payments

You agree to pay all payments according to any agreed upon payment schedules. Any delay in providing requested information, assets, reviews and decisions to us does not modify any payment schedule.

8. 60-Day Money Back Guarantee

If you are dissatisfied with our service for any reason within the first 60 days of your initial commitment, you may request an early cancellation and receive a full refund of all payments made. The 60-day period begins on the date your first payment is processed. To request cancellation, please email us at support@cemahcreative.com. Refunds will be issued via the original payment method and may take several business days to appear in your account, depending on your bank or payment provider.

9. Rate Locks

We guarantee that your subscription rate will remain unchanged for the first five years from the start of service. However, if you choose to alter or modify your subscription, this rate lock will no longer be applicable.

10. Intellectual Property Rights; Licenses

1. We grant you the exclusive, perpetual, and worldwide right to use, reproduce, host, and display the website on our website hosting network as outlined in this agreement. This right remains in effect until all payments are made according to the agreed-upon minimum term commitment. All other rights, including copyrights, are retained by us.
2. Once all payments are made according to the minimum term commitment, we agree to transfer full ownership of the website’s copyrights, including trademarks, to you. This transfer allows you to adapt, modify, and create derivative works based on the website. The website may be transferred to any compatible website hosting provider.
3. We retain ownership of all “Tools of Trade,” including the Cemah Plugin Suite and any related intellectual property rights like copyrights. We grant you a non-exclusive, non-transferable (except for sublicensing to the client’s publisher, web hosting, or internet service providers), perpetual, and worldwide license to use these tools solely in conjunction with the website we have built.
4. Any assets provided by you, including existing trademarks, remain the sole property of the Client or their respective suppliers. This includes all associated rights like trademarks, trade secrets, patents, and copyrights. You grant us a non-exclusive, non-transferable license to use, reproduce, modify, display, and publish these assets solely for the purpose of performing the services and promoting the website as outlined in our terms of service.
5. Any intellectual property rights related to third-party materials belong to their respective owners. You will inform us about any third-party materials that require separate licensing at your expense. You have sole responsibility for ensuring that trademarks do not infringe the rights of third-parties.
6. We retain all proprietary rights, including property ownership, intellectual property rights and copyrights, to all Preliminary Works.
7. You allow us to place a small badge at the bottom of the website, near the copyright notice. The badge includes the text “website design by” and a Cemah logo in 11px font.

11. Third-Party Service Terms

We may utilize the following third-party services within your website. You agree to the terms and conditions of the following third-party providers:

1. WordPress – Provides content management features.
   License Terms: https://wordpress.org/about/license/
2. Adobe Stock – Provides stock photography, illustrations, graphics, videos.
   Licenses Terms: https://stock.adobe.com/license-terms
3. Google Fonts – Provides font hosting and distribution services.
   Terms of Service: https://policies.google.com/terms?hl=en