Terms of Service

In Plain English

This summary is for convenience only. The full legal terms below are the binding agreement, but here's what they mean in normal language:

• Your content is yours. All text, images, and assets you provide remain your property. We only use them to build and run your website.
• Your website is "rented" unless you buy it out. As long as your subscription is active and in good standing, you can use your website normally. We own the underlying design and code unless you choose to purchase a one-time buyout.
• You can cancel anytime. If you cancel, your site will eventually go offline, but you'll have time to save your content or choose a buyout option if you want to keep the full site.
• Demos are for evaluation only. We build free demo websites so you can see our work. You agree not to reuse, copy, or pass that demo to another agency as if it were your own project.
• Portfolio and examples. We may show your live site in our portfolio or case studies to demonstrate our work. If you ever want it removed, you can contact us and we'll work with you.
• We use modern best practices. Hosting, backups, security, and maintenance are included with your subscription. Some services rely on third-party tools (like CRMs or analytics).
• We don't guarantee specific business results. We can't promise a certain number of leads, rankings, or sales, because those depend on your market and marketing. But we do commit to providing professional, secure, well-maintained websites.
• Disputes are handled by arbitration in Delaware. If there is a serious disagreement, it will be resolved through binding arbitration under Delaware law instead of in court or a class action.

Industries Design - Terms of Service

PLEASE READ THIS TERMS OF SERVICE AGREEMENT ("AGREEMENT") CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU ("CLIENT," "PROSPECT," "YOU," "YOUR") AND INDUSTRIES DESIGN LLC, A DELAWARE LIMITED LIABILITY COMPANY ("AGENCY," "WE," "US," "OUR").

BY ACCESSING OUR WEBSITE (industriesdesign.com), REQUESTING OR VIEWING A DEMONSTRATION BUILD, MAKING A PAYMENT, OR USING ANY OF THE SERVICES PROVIDED BY INDUSTRIES DESIGN LLC, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR WEBSITE, VIEW OUR MATERIALS, OR PROCURE OUR SERVICES.

You are encouraged to seek independent legal counsel before agreeing to these terms.

1. DEFINITIONS

"Services" refers to all products and services provided by Industries Design LLC, including but not limited to Subscription Plans, Add-On Services, A La Carte Services, and any consultation.

"Evaluation Materials" refers to any and all demonstration builds, mockups, proposals, or other materials provided by the Agency to a prospect for the purpose of evaluation, prior to the execution of a paid service agreement.

"Subscription Plans" refers to the subscription-based website design, development, and maintenance services offered by the Agency, including but not limited to the "STARTER," "GROWTH," and "SCALE" plans as detailed in Section 3.

"Add-On Services" refers to optional, additional services that can be added to a Subscription Plan for a recurring monthly fee, such as the Lead Alert System, CRM Integration, or Advanced Chatbot.

"A La Carte Services" refers to any project-based services such as custom development, advanced integrations, or other services not included in a Subscription Plan or Add-On Service.

"Agency IP" refers to all intellectual property owned by Industries Design LLC, including but not limited to the website design, source code, graphics, structure, tools, and methodologies developed by the Agency, whether pre-existing or created during the provision of Services.

"Client Content" refers to all text, images, logos, videos, data, and other materials provided by the Client to the Agency for use in connection with the Services.

"Website" refers to the website developed and/or maintained by the Agency for the Client under a Subscription Plan.

"Statement of Work" (SOW) refers to a separate document outlining the specific scope, deliverables, timeline, and fees for SCALE Plans or A La Carte Services.

2. EVALUATION MATERIALS AND DEMONSTRATION BUILDS

2.1. Ownership and Purpose:

The Agency may provide prospective clients with Evaluation Materials for the sole and limited purpose of evaluating the Agency's services and capabilities. All Evaluation Materials, including but not limited to website demonstration builds, are and shall remain the sole and exclusive intellectual property of Industries Design LLC.

2.2. Acceptance by Use:

BY ACCESSING, VIEWING, OR OTHERWISE USING ANY EVALUATION MATERIALS PROVIDED BY THE AGENCY, YOU, ON BEHALF OF YOURSELF AND YOUR COMPANY, HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS, REGARDLESS OF WHETHER YOU PROCURE PAID SERVICES FROM THE AGENCY:

1. No Rights Granted: You are granted no right, title, interest, or license to the Evaluation Materials. You acknowledge that you have no claim of ownership to the design, layout, code, graphics, or any other element of the demonstration.
2. Prohibited Use: You agree not to copy, save, download, reproduce, modify, decompile, create derivative works from, distribute, publicly display, or otherwise use any part of the Evaluation Materials for any commercial or personal purpose, except for internal review and evaluation of the Agency's services.
3. Confidentiality: You agree to treat the Evaluation Materials as confidential and to not share them with any third party, particularly other web developers, designers, or competing agencies.

2.3. Reservation of Rights:

Any unauthorized use of the Evaluation Materials constitutes a breach of this Agreement and an infringement of the Agency's intellectual property rights. Industries Design LLC reserves all rights and remedies at law and in equity to protect its intellectual property, including seeking injunctive relief and damages.

3. DESCRIPTION OF SERVICES

3.1. Subscription Plans

The Agency offers several comprehensive website service plans on a subscription basis with recurring monthly subscription fees.

1. General Terms for All Subscription Plans: All plans include Secure Website Hosting, an SSL Certificate, ongoing security monitoring, daily backups, and core software updates.
2. Definition of "Content Updates": "Content Updates" are defined as minor changes to the Website, such as updating text, swapping images or videos provided by the Client, adding new blog posts from Client-provided content, or minor layout adjustments. Updates do not include new feature development, custom design work, or content creation (copywriting). The number of included updates varies by plan. Unused updates do not roll over to subsequent months.
3. Work Exceeding Plan Limits: Any work requests that exceed a plan's allotted Content Updates, or fall outside the definition of " Content Updates," will be quoted separately and billed at the Agency's then-current hourly rate upon Client approval.
4. Service Exclusions: Unless otherwise specified in a plan's description or a separate SOW, Subscription Plans EXPLICITLY DO NOT INCLUDE: original content creation (copywriting), logo design or branding services, complex custom graphic design, advanced SEO campaigns (beyond "Basic SEO Management" where included), pay-per-click (PPC) advertising management, or social media management.

A. STARTER Plan

• Monthly Subscription: $79.00 USD
• Includes: Custom website design and building, Secure hosting and SSL certificate, Mobile responsive design, Basic contact form, Standard email support, Monthly backups, and up to two (2) Content Updates per month.

B. GROWTH Plan

• Monthly Subscription: $149.00 USD
• Includes: Everything in the GROWTH Plan, plus Basic SEO optimization, Google Analytics setup, Enhanced contact forms, Priority email support, Daily backups, and up to four (4) Content Updates per month.

C. SCALE Plan

• Monthly Subscription: $229.00 USD
• Includes: Everything in the GROWTH Plan, plus Advanced SEO management, Multiple landing pages (up to 3 additional), Enhanced website performance optimization, Advanced analytics dashboard, Expedited support response, and six (6) Content Updates per month.

3.2. Add-On Services

The following Add-On Services can be added to any active Subscription Plan for an additional recurring monthly fee. Add-Ons are billed concurrently with the primary Subscription Plan and are subject to the same payment and termination terms.

• Lead Alert System: Instant notifications for new leads in a supported workspace (e.g., Slack, Microsoft Teams). +$29/mo.
• CRM Integration: Automatically send new leads to a supported CRM (e.g., HubSpot, Zoho). +$49/mo.
• Advanced Chatbot: An AI-powered assistant with lead capture and appointment booking capabilities. +$79/mo.

The functionality of Add-On Services that rely on third-party platforms is dependent on the availability and APIs of those platforms. The Agency is not responsible for disruptions caused by changes to or failures of these third-party services.

3.3. A La Carte Services

The Agency also offers standalone project-based services. The specific scope, deliverables, timelines, and fees for these services will be governed by this Agreement and detailed in a separate, mutually-agreed-upon Statement of Work (SOW).

4. INTELLECTUAL PROPERTY & OWNERSHIP

4.1. Ownership Under Subscription Plans:

For the avoidance of all doubt, the Client acknowledges and agrees that under any Subscription Plan, Industries Design LLC shall retain full, exclusive, and perpetual ownership of all right, title, and interest in and to the Agency IP, which includes the Website's design, visual elements, source code, stylesheets, scripts, and all related files. The subscription model is analogous to a software license or a lease; the Client is paying for the use of the finished product, not for its ownership.

4.2. Client's Limited License:

For as long as the monthly subscription remains active and in good standing, the Client is granted a limited, revocable, non-exclusive, non-transferable license to use the Website for its intended business purpose. This license is strictly contingent upon compliance with this Agreement.

4.3. The "Fair Buyout Plan" (Path to Ownership):

The Client may obtain full ownership and intellectual property rights to the Website by exercising the Fair Buyout Plan.

1. Buyout Fee: The Client must pay a one-time fee of $1,500.00 USD. This fee is subject to change and may be adjusted based on the complexity and features of the specific Website.
2. Transfer of Ownership: Upon the Agency's receipt of the full Buyout Fee, all right, title, and interest in the Website's specific design and its related code files (excluding any pre-existing Agency IP, proprietary tools, or third-party licensed software) shall be transferred to the Client.
3. Delivery of Files: The Agency will provide the Client with a complete digital copy of the Website files (e.g., a ZIP archive).
4. Termination of Services: The execution of the Buyout Plan immediately terminates the Subscription Plan and all of the Agency's obligations for hosting, security, maintenance, support, and any other services under this Agreement. The Client becomes solely and entirely responsible for all aspects of the Website's future operation.

4.4. Client Content Ownership:

The Client represents and warrants that they are the rightful owner of, or have obtained all necessary licenses and permissions for, all Client Content. The Client retains full ownership of the Client Content and grants Industries Design LLC a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display the Client Content solely for the purpose of providing the Services under this Agreement.

4.5. Promotional and Portfolio Rights:

The Client agrees and grants Industries Design LLC a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, publish, and display the final Website, and any derivative works thereof, for promotional and marketing purposes. This includes, but is not limited to, displaying the work in the Agency's portfolio, on the Agency's website, in case studies, in design competitions, in marketing materials (both digital and print), and in presentations to prospective clients. The Agency may also use the Client's name, logo, and trademarks in connection with the promotion of the work. The Client may contact the Agency at any time to request removal from future marketing materials, and the Agency will make reasonable efforts to honor such requests on a go-forward basis. This right shall otherwise survive the termination of this Agreement.

5. TERM AND TERMINATION

5.1. Term:

This Agreement commences upon the Client's first use of the Services and shall continue on a month-to-month basis for any Subscription Plan, automatically renewing each month upon payment of the subscription fee.

5.2. Termination by Client:

The Client may terminate a Subscription Plan at any time by providing written notice to the Agency. Termination will be effective at the end of the current paid billing cycle. No refunds will be provided for partial months.

5.3. Termination by Agency:

The Agency may suspend or terminate this Agreement and the Services immediately and without notice if the Client: (a) fails to make any payment when due; (b) breaches any term of this Agreement, including the Acceptable Use Policy; or (c) becomes insolvent or subject to bankruptcy proceedings.

5.4. CONSEQUENCES OF TERMINATION:

Upon termination of a Subscription Plan for any reason (excepting the execution of the Fair Buyout Plan):

• The Client's license to use the Website is immediately and automatically revoked.
• The Agency has the right to take the Website offline and permanently delete all associated files from its servers after a reasonable period.
• The Client will have no right to receive a copy of the Website, its design, its code, or any related files, unless the Client has exercised the Fair Buyout Plan.
• The Client remains liable for any and all fees accrued prior to the effective date of termination.

6. FEES AND PAYMENT

6.1. Fees:

Client agrees to pay all fees as specified for their selected Subscription Plan, Add-On Services, or any applicable SOW. All fees are quoted in U.S. Dollars and are non-refundable.

6.2. Payment:

Recurring monthly fees for Subscription Plans and any selected Add-On Services will be automatically charged to the Client's provided payment method. Invoices for A La Carte Services or additional work are due upon receipt.

6.3. Late Payments:

For any amounts not paid when due, the Agency may charge a late penalty of 1.5% per month or the highest rate permitted by law, whichever is lower.

6.4. Suspension for Non-Payment:

If any payment is more than seven (7) days past due, the Agency reserves the right, without limiting any other right or remedy, to suspend all Services, including deactivating the live Website, until all outstanding balances are paid in full.

7. CLIENT OBLIGATIONS & ACCEPTABLE USE

7.1. Client Responsibilities:

The Client is solely responsible for:

• Providing all Client Content in a timely manner and in a suitable digital format.
• Ensuring the accuracy, legality, and appropriateness of all Client Content.
• Maintaining the confidentiality of any account credentials.

7.2. Acceptable Use Policy:

The Client shall not use the Services to create, store, or transmit any material that is illegal, fraudulent, defamatory, obscene, infringing upon the intellectual property rights of others, or that contains viruses, malware, or other malicious code.

7.3. Consent to Cookies & Tracking:

By accessing or using the Website, you explicitly consent to the use of cookies, tracking pixels, and similar technologies (including but not limited to Meta Pixel, TikTok Pixel, Google Analytics, and PostHog) as described in our Privacy Policy. You acknowledge that these tools are used for analytics, performance monitoring, and advertising purposes.

8. DISCLAIMER OF WARRANTIES

ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, INDUSTRIES DESIGN LLC EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE AGENCY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INDUSTRIES DESIGN LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

UNDER NO CIRCUMSTANCES WILL INDUSTRIES DESIGN LLC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE CLIENT TO THE AGENCY DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. INDEMNIFICATION

The Client agrees to indemnify, defend, and hold harmless Industries Design LLC and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) the Client Content; (b) the Client's use of the Services in violation of this Agreement; or (c) the Client's breach of any warranty or representation made herein.

11. DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

11.1. Mandatory Binding Arbitration:

Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by binding arbitration in Dover, Delaware, rather than in court. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

11.2. CLASS ACTION WAIVER:

YOU AND INDUSTRIES DESIGN LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11.3. Governing Law & Venue:

This Agreement and any disputes arising from it shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. The exclusive venue for any arbitration proceedings mandated by this Agreement shall be Dover, Delaware.

12. GENERAL PROVISIONS

12.1. Entire Agreement:

This Agreement, together with any applicable SOW, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

12.2. Modification:

The Agency reserves the right to modify this Agreement at any time by posting the revised version on industriesdesign.com. The Client's continued use of the Services after the effective date of any such changes constitutes acceptance of the new terms.

12.3. Third-Party Services:

The Agency disclaims all liability and responsibility for the performance, security, or functionality of any third-party services, plugins, APIs, or providers (e.g. web hosts, domain registrars).

12.4. Severability:

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

12.5. Contact Information:

For any questions regarding this Agreement, please contact us at [email protected].