Terms of Service

These terms govern your use of the MakeAndUpdate website and any services we deliver. The specific scope, deliverables, timeline, and fees for any engagement are set out in a separate project agreement signed by both parties — that agreement controls if it conflicts with anything here.

1. Acceptance of terms

By accessing https://makeandupdate.com or engaging MakeAndUpdate for services, you agree to be bound by these terms. If you do not agree, do not use the site or engage our services.

2. Services

MakeAndUpdate provides web design, web development, AI integration, search engine optimization, and ongoing website maintenance services. The exact scope of any engagement — pages, features, integrations, deliverables, milestones, and acceptance criteria — is defined in the signed project agreement or statement of work. Marketing copy on this website is illustrative and does not constitute a contractual promise.

Quotes are valid for 30 days from issuance unless otherwise stated. Out-of-scope changes are handled via written change orders; we will not perform additional work without your written authorization.

3. Payment

Project work is typically billed in three milestones (40% to start, 40% at design approval, 20% at launch). Retainers are billed monthly in advance. Invoices are due within 14 days. Late payments may accrue interest at 1.5% per month and may pause work until the account is current. Third-party costs (hosting, domains, premium plugins, stock imagery, platform fees) are pass-through and not marked up.

4. Intellectual property

Final deliverables: upon receipt of full payment, you receive ownership of all custom design and code deliverables produced specifically for your project, except for items listed below.

Pre-existing materials and tools: we retain ownership of any reusable libraries, frameworks, code patterns, design systems, or tooling we developed before or independent of your project. You receive a perpetual, royalty-free license to use these as embedded in your deliverables.

Third-party assets: licensed fonts, stock imagery, plugins, and SaaS subscriptions remain governed by their respective licenses.

Portfolio rights: unless your project agreement states otherwise, we may showcase non-confidential elements of the work (screenshots, public URLs, project summary, metrics) in our portfolio and marketing.

Our brand: the MakeAndUpdate name, logo, and brand identity remain our property. You may not use them in marketing without written permission, except for an optional "Built by MakeAndUpdate" footer credit on the site we built for you.

5. Client responsibilities

You agree to provide content, feedback, approvals, and access (hosting, accounts, APIs) in a timely manner. Project timelines assume reasonable response times — typically 3 business days for review cycles. Extended delays may shift milestones and incur rescheduling fees. You represent that any content, brand assets, or data you provide does not infringe on third-party rights.

6. Warranties & limitation of liability

We warrant that deliverables will substantially conform to the agreed specifications at launch and will perform as designed in modern, supported browsers and devices. We will fix defects reported within 30 days of launch at no charge.

The website and services are otherwise provided "as is." We do not warrant uninterrupted operation, search engine rankings, conversion outcomes, or compatibility with future third-party platform changes. To the maximum extent permitted by law, our total liability for any claim arising from an engagement is limited to the fees paid by you for the specific engagement giving rise to the claim. We are not liable for indirect, incidental, consequential, or lost-profit damages.

7. Confidentiality

Each party will protect the other's confidential information with the same care it uses for its own, and use it only to perform the engagement. This obligation survives termination for three years.

8. Termination

Either party may terminate an engagement with 14 days' written notice. On termination you remain liable for fees earned through the termination date plus any non-cancellable third-party costs. Retainers can be cancelled month-to-month with 30 days' notice.

9. Governing law

These terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to conflict-of-law principles. Any dispute will be resolved in the state or federal courts located in Pennsylvania, and both parties consent to that jurisdiction.

10. Changes

We may update these terms from time to time. The current version will always be posted at this URL with a "Last updated" date. Continued use of the site or services after changes constitutes acceptance.

Contact

Questions: nicholas@makeandupdate.com.