Terms of Service
Web Design & Development Services
These Terms of Service (“Terms”) govern the web design and development services (“Services”) provided by Drake Digital Studio (“Provider”) to the client (“Client”). By submitting payment, the Client agrees to these Terms.
1. Scope of Services
The Services include only the features, pages, and functionality explicitly listed in the proposal, invoice, checkout page, or written agreement at the time of payment (“Agreed Scope”).
Any features, functionality, revisions, or services not expressly included in the Agreed Scope are considered out-of-scope work and will be billed separately.
2. Client Responsibilities
The Client agrees to provide all required materials necessary to complete the project, including but not limited to:
- Images, logos, and artwork
- Written content and copy
- Branding preferences and design direction
- Booking links, third-party integrations, or account access (if applicable)
All content provided by the Client is assumed to be owned or properly licensed by the Client.
3. Project Timeline & Deliverables
Project timelines and estimated delivery dates are dependent on timely Client responses.
Delays in providing required materials, feedback, approvals, or responses may result in a corresponding delay in delivery. The Provider is not responsible for missed deadlines caused by delayed Client communication or incomplete submissions.
Delivery dates are estimates, not guarantees.
4. Revisions & Additional Work
Reasonable revisions related to the original Agreed Scope are included unless otherwise stated.
Any additional requests beyond the Agreed Scope — including new pages, features, integrations, design changes, or functionality — will be billed at an agreed upon hourly rate, or at a separately agreed-upon flat fee, and must be approved by the Client before work begins.
5. Payment Terms
Payment is due as outlined at checkout or in the invoice. Work will not begin until payment is received unless otherwise agreed in writing.
All payments are non-refundable once work has commenced, including deposits and milestone payments.
6. Hosting, Domain, & Third-Party Services
The Client is solely responsible for purchasing, maintaining, and paying for all third-party services required to operate the website, including but not limited to:
- Domain registration
- Web hosting
- Email hosting
- Booking platforms, plugins, or integrations
- Payment processors and subscription services
Unless explicitly stated in writing, these services are not included in the Provider’s fees.
The Provider is not responsible for website downtime, suspension, data loss, or service interruptions caused by unpaid or misconfigured third-party services.
7. Ownership & Usage
Upon full payment, the Client is granted ownership of the final website deliverables created specifically for the project, excluding:
- Third-party themes, plugins, fonts, or software
- Provider’s proprietary tools, templates, or frameworks
The Provider reserves the right to display the completed work in portfolios, social media, or marketing materials unless otherwise agreed in writing.
8. Third-Party Service Limitations
The Provider is not responsible for pricing changes, feature limitations, outages, or policy changes imposed by third-party platforms or service providers.
Any third-party fees are the responsibility of the Client.
9. Limitation of Liability
The Provider is not liable for:
- Lost revenue, bookings, or business opportunities
- Content errors supplied by the Client
- SEO rankings, platform approval, or conversion performance
- Issues caused by third-party services or future platform updates
Total liability, if any, is limited to the amount paid by the Client for the Services.
10. Termination
Either party may terminate the project in writing. If terminated after work has begun, the Client remains responsible for payment for all work completed up to the termination date.
11. Governing Law
These Terms are governed by the laws of the state in which the Provider operates, without regard to conflict of law principles.
12. Acceptance
By submitting payment, signing a proposal, or otherwise authorizing work, the Client acknowledges that they have read, understood, and agreed to these Terms of Service.