Terms & Conditions

§ 0 Definitions

In these Terms, “Provider,” “we,” “us,” and “our” mean RapidSite.design, a trade name of [ENTITY]. “Client,” “you,” and “your” mean the natural person or legal entity engaging Provider. “Services” means the design, development, and (where applicable) hosting of small-scale informational websites for trade businesses. “Deliverables” means the source code, assets, and documentation produced under an accepted quote. “Engagement” means a single quote accepted in writing by Client.

§ 1 Acceptance

By sending an enquiry, accepting a quote, paying an invoice, or otherwise engaging Provider, Client agrees to be bound by these Terms in their entirety. If Client does not agree, Client must not engage Provider. These Terms supersede every prior or contemporaneous communication between the parties on the same subject matter.

§ 2 Scope of Services

Provider produces small, hand-coded informational websites of one (1) to five (5) pages, billed at the rates published on rapidsite.design at the time the quote is issued. The Services do not include, and Provider expressly disclaims responsibility for, any of the following unless explicitly itemised in the accepted quote: e-commerce, payment processing, user accounts, booking calendars, content management systems, custom backend logic, mobile applications, native apps, search-engine ranking guarantees, marketing campaigns, paid advertising, social-media management, copywriting beyond minor refinement of Client-supplied content, photography, videography, illustration, or any work product not specifically described in the quote.

§ 3 Engagement & Quote

Every Engagement begins with a written quote issued by Provider in response to Client’s enquiry. The quote sets the scope, fee, and any specific deliverables. The quote is valid for fourteen (14) days from issuance. Acceptance must be in writing (email is sufficient). Until Provider has received both written acceptance and cleared payment of the invoice, no obligation to perform any work attaches to Provider, and the 48-hour clock referenced in § 7 has not started.

§ 4 Client Responsibilities

Client is solely and exclusively responsible for, and indemnifies Provider against any claim arising from, each of the following:

1. The accuracy, legality, completeness, and currency of all text, contact information, prices, claims, certifications, license numbers, hours of operation, service-area boundaries, business credentials, photographs, logos, testimonials, customer reviews, and any other content supplied to Provider (collectively, “Client Content”).
2. Possessing all necessary rights, licenses, releases, model releases, and permissions to use and grant Provider use of the Client Content.
3. The compliance of the Client Content and of Client’s underlying business with all applicable federal, state, provincial, municipal, professional-licensing, advertising-standards, consumer-protection, and tax laws and regulations, including but not limited to the United States Federal Trade Commission Act, the United States Telephone Consumer Protection Act, state contractor-licensing statutes, and any analogous laws in any other jurisdiction.
4. Ownership, registration, renewal, transfer, and DNS configuration of any domain name used in connection with the website, except where managed-hosting fees have been paid in advance and Provider has accepted the domain into its managed inventory in writing.
5. Timely review and approval of preview links and revision rounds within the windows defined in the accepted quote. Client’s failure to respond shall not extend, toll, or excuse the 48-hour delivery clock or the revision-round limit.
6. Backing up any prior website, database, email, or hosting account before engaging Provider. Provider does not migrate, archive, or recover legacy assets unless explicitly retained to do so.

§ 5 Third-Party Services

The Services depend on and interoperate with services controlled by third parties, including but not limited to domain registrars, DNS providers, hosting providers, content-delivery networks, email-service providers, font foundries, payment processors, web browsers, operating systems, mobile carriers, internet service providers, and any other intermediary between Client’s end users and the Deliverables (each a “Third Party”). Provider has no control over Third Parties, makes no representation or warranty regarding their availability, performance, security, or pricing, and shall have no liability whatsoever for any act, omission, outage, breach, change of terms, deprecation, price increase, censorship, suspension, or termination by any Third Party. Client’s recourse for any such matter lies with the relevant Third Party only.

§ 6 Intellectual Property

Provider retains all right, title, and interest in and to the methods, frameworks, libraries, components, snippets, design patterns, source code, and know-how Provider develops or uses generally in performing the Services (“Provider IP”). Upon receipt of cleared payment in full, Provider grants Client a perpetual, worldwide, non-exclusive, non-transferable license to use, modify, and host the specific Deliverables produced under the accepted quote solely for Client’s own business. Provider IP is not transferred. The Deliverables may not be resold, redistributed, sub-licensed, or used as a template for third-party sites without Provider’s prior written consent. Client warrants that the Client Content does not infringe any third-party intellectual-property right and shall indemnify Provider for any breach of that warranty.

§ 7 48-Hour Delivery Guarantee

Provider warrants that, for any Engagement of the “Quick Launch” or “Full Portfolio” tier, the initial preview will be delivered to Client by email within forty-eight (48) consecutive clock hours measured from the timestamp on the “starting now” email sent by Provider after both written acceptance and cleared payment have been received. If Provider fails to meet that deadline for reasons within Provider’s reasonable control, Client’s sole and exclusive remedy is a full refund of the fee paid for that Engagement. Without limiting the foregoing, the following events pause, toll, or void the clock and disqualify the refund: (a) any delay in Client supplying Client Content, brand assets, photographs, license numbers, or service descriptions; (b) any change of scope, content, or services after the “starting now” email; (c) any Third-Party outage, slowdown, or change of terms; (d) any Force Majeure event under § 13; (e) any inaccessibility of communication channels caused by Client; (f) any request for emergency or after-hours work outside Provider’s ordinary working hours; or (g) any breach by Client of these Terms. Refund requests must be made in writing within seven (7) days of the missed deadline; otherwise, the right to a refund is irrevocably waived.

§ 8 Revisions

Each Engagement includes up to three (3) rounds of revisions to the initial preview. A “round” means a single consolidated set of changes communicated by Client in one email. Each round must be requested within seventy-two (72) hours of the prior preview, otherwise the round is forfeited. Additional revisions, expansions of scope, or change orders shall be billed at fifty United States dollars (US$50.00) per round, payable in advance. Reformatting Client’s mind on tone, brand direction, or service mix mid-Engagement constitutes a new Engagement and shall be quoted separately.

§ 9 Payment, Refunds & Chargebacks

Fees are due in full upon acceptance of the quote and prior to the start of work. All fees are stated in United States dollars and are exclusive of any sales, use, value-added, or analogous tax, all of which are Client’s responsibility. Except for the limited refund expressly granted in § 7, all fees are non-refundable. Recurring managed-hosting fees are billed monthly in advance and are non-refundable for any partial month. Client agrees not to initiate a credit-card chargeback, payment reversal, or dispute for any fee paid; any such chargeback shall be deemed a material breach of these Terms and entitles Provider, in addition to all other remedies, to immediate termination, recovery of legal fees, a one-hundred-fifty-United-States-dollar (US$150.00) administrative fee, and the right to take the Deliverables offline.

§ 10 Disclaimer of Warranties

THE SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, COMPATIBILITY WITH ANY DEVICE, BROWSER, OR OPERATING SYSTEM, FREEDOM FROM ERROR OR DEFECT, ACHIEVEMENT OF ANY PARTICULAR SEARCH-ENGINE RANKING, GENERATION OF ANY PARTICULAR VOLUME OF LEADS OR REVENUE, OR THE CONTINUED AVAILABILITY OF ANY THIRD-PARTY SERVICE. NO ORAL OR WRITTEN STATEMENT MADE BY PROVIDER OR ANY OF ITS REPRESENTATIVES SHALL CREATE A WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS.

§ 11 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER THEORY, SHALL NOT EXCEED THE FEES ACTUALLY PAID BY CLIENT TO PROVIDER FOR THE SPECIFIC ENGAGEMENT GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; LOST REVENUE; LOST GOODWILL; LOST BUSINESS OPPORTUNITY; LOST DATA; THE COST OF COVER OR SUBSTITUTE SERVICES; REPUTATIONAL HARM; OR ANY DAMAGE ARISING FROM ANY THIRD-PARTY ACT OR OMISSION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

§ 12 Indemnification

Client shall defend, indemnify, and hold harmless Provider and its officers, employees, contractors, and agents from and against any and all third-party claims, demands, suits, proceedings, losses, damages, liabilities, settlements, judgments, fines, penalties, and reasonable legal fees and costs arising out of or relating to (a) any Client Content; (b) Client’s use of the Deliverables; (c) Client’s underlying business, products, or services; (d) any breach by Client of these Terms or any representation or warranty herein; (e) any allegation that the Client Content or Client’s business infringes, misappropriates, or violates any third-party right or any law or regulation; or (f) any tax obligation of Client. Provider shall control the defence of any such claim, with counsel of Provider’s choosing, at Client’s sole expense.

§ 13 Force Majeure

Provider shall not be liable for, and the 48-hour clock shall be tolled by, any failure or delay in performance caused by any event beyond Provider’s reasonable control, including but not limited to acts of God; fire; flood; earthquake; severe weather; pandemic, epidemic, or other public-health emergency; war; insurrection; riot; civil disturbance; act of terrorism; embargo; sanction; strike; labour stoppage; supply-chain disruption; loss of electrical power; failure of the public internet; outage, throttling, suspension, or change of terms by any Third Party; cyber-attack; act of any governmental, quasi-governmental, or self-regulatory authority; or any analogous event.

§ 14 Confidentiality

Each party shall keep the other’s non-public business information confidential and shall not disclose it to any third party except to its employees, contractors, and advisors who need to know it and who are bound by obligations of confidentiality at least as strict as those set forth herein. The foregoing shall not apply to information that is or becomes publicly available without breach of these Terms.

§ 15 Portfolio & Attribution

Unless Client objects in writing prior to acceptance of the quote, Provider may display the Deliverables, screenshots thereof, and the name of Client’s business in Provider’s portfolio and case-study materials and may include a discreet “Built by RapidSite.design” credit in the page footer of the Deliverables. Removal of the credit, if requested, is at Provider’s discretion and may be subject to a credit-removal fee.

§ 16 Termination

Either party may terminate an Engagement for material breach by the other party that remains uncured for seven (7) days after written notice. Upon termination, Client shall pay all fees accrued through the date of termination; Provider shall have no obligation to deliver work product not yet completed; and the surviving sections of these Terms shall continue in force, including without limitation §§ 6, 9, 10, 11, 12, 13, 14, 18, 19, 20.

§ 17 Independent Contractor

Provider performs the Services as an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, employment, fiduciary, or franchise relationship between the parties. Neither party has authority to bind the other.

§ 18 Governing Law & Jurisdiction

These Terms are governed by and shall be construed in accordance with the laws of the State of [STATE], United States of America, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

§ 19 Binding Arbitration & Class-Action Waiver

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE FINALLY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, SEATED IN [JURISDICTION], BEFORE A SINGLE ARBITRATOR. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. NOTHING IN THIS SECTION PREVENTS EITHER PARTY FROM SEEKING INJUNCTIVE OR EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PROTECT INTELLECTUAL-PROPERTY OR CONFIDENTIAL INFORMATION RIGHTS.

§ 20 Miscellaneous

If any provision of these Terms is held unenforceable, the remaining provisions shall continue in full force; the unenforceable provision shall be reformed to the minimum extent necessary to render it enforceable. No waiver of any breach is a waiver of any subsequent breach. These Terms, together with the accepted quote and the Privacy Policy, constitute the entire agreement between the parties on the subject matter and supersede all prior agreements. Provider may assign these Terms; Client may not, without Provider’s prior written consent. Notice to Provider must be sent to contact@rapidsite.design; notice to Client may be sent to the email address most recently used by Client to communicate with Provider. Provider may modify these Terms at any time by posting an updated version at this URL; the version in effect at the time a quote is accepted governs that Engagement.