Last Updated: 02/01/2025
This Terms of Service Agreement (“Agreement”) is entered into by and between 72 Hour Web Design, a web design service provider operated by 72 Hour Web Design, LLC, located at 115 Wilcox Street, Suite 200, Castle Rock, Colorado 80104 (“Company,” “we,” “us,” or “our”), and you (“Client,” “you,” or “your”), collectively referred to as the “Parties.” By purchasing, accessing, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
1. Service Scope & Project Timeline
1.1 Website Packages & Estimated Turnaround:
- Speed Starter Package: Estimated turnaround of 72 hours upon receipt of all required materials.
- Power Plus Package: Estimated completion within one (1) week, subject to workload and availability.
- PowerPlus+ Pro Package: Estimated completion within two (2) weeks, subject to workload and availability.
1.2 No Guaranteed Timelines:
The above turnaround times are estimates only and are not guaranteed. Completion is contingent upon the timely provision of content, approvals, and responses from the Client. Delays caused by the Client may extend the timeline, and 72 Hour Web Design shall not be held liable for missed deadlines or project delays resulting from Client actions or inactions.
1.3 Client Obligations:
The Client agrees to:
- Provide all necessary website content, images, and relevant information before project commencement.
- Respond to communication, provide feedback, and approve project milestones in a timely manner.
- Understand that excessive revision requests or scope changes may result in additional fees and extended timelines.
2. Hosting, Ownership, and Access Rights
2.1 Hosting Requirement & Copyright Ownership:
- The Client must host their website with 72 Hour Web Design for a minimum of one (1) year from the project’s completion to retain ownership rights to the design and website files.
- If hosting is canceled before the one-year term, 72 Hour Web Design retains full ownership rights, and the Client forfeits all claims to website files, backups, and design elements.
- After one (1) year of continuous hosting with 72 Hour Web Design, the Client may request full ownership and a copy of their website files.
2.2 Website Access:
- The Client will receive Editor-level access by default.
- Full administrative access will only be granted after one (1) year of hosting with the Company.
- Any unauthorized modifications made by the Client that result in website malfunctions or security vulnerabilities are the sole responsibility of the Client, and additional support fees may apply for repairs.
3. Support & Maintenance
3.1 Basic Support:
- Basic support is available through our official support portal at https://aaero.supportsystem.com/.
- Support covers technical troubleshooting for hosting-related issues and basic website functionality but does not include content updates, custom development, or third-party plugin issues unless otherwise specified in a paid support package.
3.2 Paid Maintenance & Additional Services:
- Clients requiring ongoing maintenance, updates, or troubleshooting outside the scope of basic support may purchase a monthly maintenance plan or request support at our standard hourly rate.
4. Payments, Refunds, and Cancellations
4.1 Payment Terms:
- All services require full payment upfront before project initiation.
- Additional charges may apply for extra revisions, additional pages, third-party integrations, or changes in project scope.
4.2 Refund Policy:
- All payments are final and non-refundable.
- Refunds will not be issued for delays caused by the Client’s failure to provide content, approvals, or necessary information.
- If a project is delayed for more than 30 days due to Client inaction, 72 Hour Web Design reserves the right to close the project without refund.
4.3 Project Abandonment & Resumption:
- If the Client fails to respond for 30 consecutive days, the project will be considered abandoned, and the Company may terminate services without refund.
- If the Client wishes to resume work after abandonment, a reactivation fee may apply, and project completion will be subject to our current workload.
5. Limitation of Liability & Indemnification
5.1 No Warranty & Limitation of Liability:
- 72 Hour Web Design makes no warranties, express or implied, regarding the performance, reliability, or fitness of the website for any particular purpose.
- The Client agrees that 72 Hour Web Design shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use of the website, hosting, or any third-party services.
- The Client assumes full responsibility for the accuracy, legality, and compliance of all content provided for their website.
5.2 Indemnification:
- The Client agrees to indemnify, defend, and hold harmless 72 Hour Web Design, its officers, employees, and affiliates from any claims, damages, losses, liabilities, or expenses arising from:
- The Client’s use or misuse of the website.
- Any third-party content, trademarks, or copyrighted material provided by the Client.
- The Client’s failure to comply with any laws or regulations related to website ownership or content.
6. Governing Law & Dispute Resolution
6.1 Jurisdiction & Venue:
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Douglas County, Colorado.
6.2 Binding Arbitration:
- Any disputes arising from this Agreement shall be resolved through binding arbitration in Douglas County, Colorado, in accordance with the rules of the American Arbitration Association (AAA).
- Each Party shall bear its own legal costs, and arbitration shall be the sole and exclusive remedy for any disputes arising under this Agreement.
7. Amendments & Acceptance
7.1 Modification of Terms:
- 72 Hour Web Design reserves the right to update, modify, or amend these Terms of Service at any time without prior notice.
- Continued use of our services constitutes acceptance of any revised terms.
7.2 Agreement Acceptance:
By purchasing a website package or engaging our services, you acknowledge and agree to be bound by these Terms of Service. If you do not agree to these terms, you must not proceed with the purchase of any services from 72 Hour Web Design.