Terms and Conditions

Terms and Conditions for Website & eCommerce Packages

Last Updated: January 1, 2025

These Terms and Conditions (“Agreement”) govern the provision of website development, hosting, design, eCommerce setup, and related digital services (collectively, “Services”) by 1976, LLC (“Company,” “we,” or “us”) to you (“Client,” “you,” or “your”). By engaging our services, you agree to the following terms:

1. Scope of Services

The Company agrees to provide website design, development, hosting, and eCommerce integration services as outlined in the written agreement, invoice, or proposal. Any additional services must be agreed upon in writing and may incur additional fees.

2. Client Responsibilities

You are responsible for:

  • Providing accurate and timely content, images, and feedback.

  • Reviewing and approving work within the requested timeline.

  • Maintaining backup copies of any materials provided to us.

  • Ensuring your domain name and third-party service subscriptions (e.g., hosting, payment processors) remain active and paid.

3. Payments and Fees

  • All fees are due according to the schedule outlined in your invoice or proposal.

  • Late payments may result in delayed service delivery or suspension of services.

4. Intellectual Property

  • You retain rights to all content and media you provide.

  • We retain ownership of any custom code, tools, or frameworks developed unless otherwise stated.

  • Upon full payment, you are granted a non-exclusive, non-transferable license to use the completed website or application for your business purposes.

5. Limited Liability

To the maximum extent permitted by law:

  • We are not liable for any indirect, incidental, or consequential damages, including but not limited to loss of revenue, loss of business, or interruption of business continuity, unless expressly stated in a separate signed agreement.

  • We make no guarantees of specific business outcomes, performance levels, or uptime, unless covered by a separate SLA (Service Level Agreement).

  • You agree to indemnify and hold us harmless from any claims arising from your use of the website, including content legality or accessibility.

6. Third-Party Services

We may integrate or recommend third-party services (e.g., payment processors, plugins, analytics). We are not responsible for the performance, uptime, or terms of those services. You agree to review and abide by those third-party terms.

7. Revisions and Maintenance

  • Our packages include a limited number of revisions as outlined in your plan. Additional revisions or requests outside scope will be billed separately.

  • Ongoing maintenance is not included unless stated in your service plan.

8. Termination

  • Either party may terminate this agreement with written notice.

  • If terminated, you are responsible for all work completed and any applicable cancellation fees.

  • No refunds will be provided for work completed or licenses purchased on your behalf.

9. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the project.

10. Governing Law

This Agreement shall be governed by the laws of the State of Colorado, without regard to its conflict of laws provisions.

11. Modifications

We reserve the right to update these terms at any time. Clients will be notified of any material changes.

12. Entire Agreement

This document, along with any signed proposals or service agreements, constitutes the entire agreement between the parties.

 

13. Hardware Disclaimer

Unless specifically stated in writing, our website and eCommerce packages do not include the provision, delivery, or configuration of hardware, including but not limited to printers, scanners, POS systems, or network equipment. 
We are not liable for any delays in business operations, loss of revenue, or inability to open due to hardware-related issues.