Terms of Service
WEBSITE DESIGN & DEVELOPMENT SERVICES
Effective Date: April 6, 2026
These Terms of Service ("Agreement") constitute a legally binding contract between you ("Client") and the website design and development service provider ("Company," "we," "us," or "our"). By engaging our services, submitting an inquiry form, signing a project proposal, or making any payment, you agree to be bound by the terms set forth in this Agreement.
Please read this Agreement carefully before proceeding. If you do not agree to these terms, do not engage our services.
1. Services Provided
Ironclad provides professional website design and development services, which may include but are not limited to:
- Custom website design and layout creation
- Front-end and back-end web development
- E-commerce setup and integration
- Content management system (CMS) configuration
- Search engine optimization (SEO) foundation setup
- Responsive and mobile-friendly design
- Ongoing website support and maintenance (available separately)
The specific scope of services will be defined in the project proposal or Statement of Work (SOW) agreed upon by both parties prior to commencement of work.
2. Pricing, Quotes & Project Scope
All project pricing is determined based on the specific scope, complexity, and requirements of each engagement. Pricing is custom-quoted and depends on factors including:
- Number of pages and site sections
- Complexity of design and custom features or functionality
- Volume and type of content
- Third-party integrations or platform requirements
- Timeline and turnaround requirements
Written quotes are provided prior to project commencement and are valid for 30 days from the date of issuance. All pricing is in U.S. Dollars (USD) unless otherwise stated in writing. Ironclad reserves the right to revise pricing if the project scope changes materially after the initial quote is accepted.
3. Payment Terms & Schedule
3.1 Deposit to Begin Work
A non-refundable deposit of 50% of the total quoted project fee is due before any design or development work commences. Work will not begin until this deposit is received and confirmed.
3.2 Final Payment Prior to Launch
The remaining 50% balance is due in full before the completed website is launched, transferred to the Client's hosting environment, or otherwise delivered to the Client. Ironclad reserves the right to withhold delivery of all completed work, files, and assets until the final payment is received in full.
3.3 Late Payments
Invoices unpaid beyond 14 days of the due date may incur a late fee of 1.5% per month on the outstanding balance. Ironclad reserves the right to pause or suspend work on any project with outstanding unpaid balances.
3.4 Accepted Payment Methods
Accepted forms of payment will be communicated at the time of invoicing and may include bank transfer, credit/debit card, or other electronic payment methods as agreed upon.
4. Third-Party Services & Recurring Costs
Certain services and tools required to operate a website involve ongoing costs that are separate from and in addition to Ironclad's design and development fees. These may include:
- Domain name registration and annual renewal fees
- Web hosting and server costs
- SSL certificate fees where not bundled with hosting
- Premium themes, plugins, or software licenses
- Email hosting and professional email account fees
- Payment gateway and e-commerce transaction fees
- Third-party API subscriptions
- Content delivery network (CDN) fees
Unless explicitly stated otherwise in the project proposal, the Client is responsible for sourcing and paying for all third-party services. Ironclad may assist in setup but is not responsible for third-party costs, outages, pricing changes, or service discontinuations.
5. Ongoing Support & Maintenance
Ironclad offers optional ongoing support and maintenance packages following the completion of a project. These services are separate from the initial project fee and are governed by a separate support agreement or retainer arrangement.
Support and maintenance services may include:
- Software, plugin, and CMS updates
- Security monitoring and backups
- Minor content updates and edits
- Technical troubleshooting and bug fixes
- Performance monitoring
Without an active support or maintenance agreement in place, Ironclad is under no obligation to provide updates, fixes, or technical assistance after the project delivery date. Post-launch support requests outside of an active agreement will be billed at Ironclad's then-current hourly rate.
6. Client Responsibilities
The Client agrees to fulfill the following obligations in a timely manner to avoid project delays:
- Provide all required content, images, logos, and materials on time
- Respond to proofs, revisions, and approvals within 5 business days
- Provide accurate, complete, and legally compliant content
- Designate a primary point of contact
- Ensure supplied materials do not infringe third-party rights
Project timelines may be extended, and Ironclad shall not be held liable for delays caused by the Client's failure to meet the above responsibilities. Extended delays of 30 or more days due to Client inaction may result in a project restart fee.
7. Revisions & Change Requests
The number of included revision rounds will be specified in the project proposal. Revision requests beyond the included rounds, or requests that constitute a change in the original agreed scope, will be assessed at Ironclad's standard hourly rate and communicated to the Client in advance.
A revision is defined as a minor adjustment to approved design elements. A change in scope includes, but is not limited to, adding new pages, significant redesigns, additional features, or changes to the project direction after design approval.
8. Intellectual Property & Ownership
8.1 Transfer of Ownership
Upon receipt of full payment, the Client is granted full ownership of the final website design and custom-developed code created specifically for the Client's project. Ownership transfer is contingent on payment in full.
8.2 Company Portfolio Rights
Ironclad retains the right to display completed work in its portfolio, on its website, and in marketing materials unless the Client requests otherwise in writing prior to project completion.
8.3 Third-Party Assets
Stock images, fonts, plugins, themes, and other third-party assets remain subject to their respective licenses. Responsibility for maintaining appropriate licenses for continued use of such assets rests with the Client after project handoff.
8.4 Pre-existing Materials
Ironclad retains all rights to proprietary tools, frameworks, libraries, and methodologies used in development that are not created exclusively for this project.
9. Consent to Contact & Communications
By submitting an inquiry form, contact form, or any other form of initial communication with Ironclad, you expressly consent to being contacted by Ironclad regarding your project inquiry. This contact may be made via email, telephone, or other provided contact methods.
Ironclad will not sell or share your contact information with unaffiliated third parties for marketing purposes. Communications will be limited to matters relevant to your project or services offered by Ironclad.
10. Confidentiality
Both parties agree to treat as confidential any proprietary or sensitive information disclosed during the course of the engagement. Neither party shall disclose confidential information to third parties without prior written consent, except as required by law. This obligation survives termination of this Agreement.
11. Cancellation & Termination
11.1 Client Cancellation
The Client may cancel a project at any time with written notice. The initial 50% deposit is non-refundable. If work has progressed beyond what is covered by the deposit, the Client will be invoiced for additional work completed up to the cancellation date, based on a pro-rated calculation of the total project fee.
11.2 Company Right to Terminate
Ironclad reserves the right to terminate this Agreement with written notice if the Client fails to make required payments, engages in abusive or threatening behavior, requests illegal, plagiarized, or unethical content, or violates any material term of this Agreement. In such cases, any payments already made are non-refundable.
12. Warranties & Disclaimers
Ironclad warrants that services will be performed in a professional and workmanlike manner in accordance with industry standards.
The Company makes no warranties, express or implied, regarding search engine rankings, website traffic, business results, or revenue outcomes from the delivery of a website. Websites are delivered "as is" at project completion and the Company is not responsible for browser or technology changes occurring after the delivery date.
Ironclad does not warrant that the website will be free from all bugs, errors, or interruptions in service caused by hosting environments, third-party platforms, or force majeure events.
13. Limitation of Liability
To the maximum extent permitted by applicable law, Ironclad's total liability to the Client for any claim arising out of or in connection with this Agreement shall not exceed the total fees paid by the Client for the specific project giving rise to the claim.
In no event shall Ironclad be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost business, or loss of data, even if Ironclad has been advised of the possibility of such damages.
14. Indemnification
The Client agrees to indemnify, defend, and hold harmless Ironclad, its principals, employees, and contractors from and against any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) content provided by the Client; (b) the Client's breach of this Agreement; (c) the Client's misuse of the delivered website; or (d) infringement of any third-party rights caused by Client-supplied materials.
15. Force Majeure
Ironclad shall not be held liable for delays or failure to perform any obligation under this Agreement due to causes beyond its reasonable control, including but not limited to illness, internet or power outages, third-party platform failures, natural disasters, government actions, or other events outside Ironclad's control. In such cases, Ironclad will notify the Client promptly and work to resume services as quickly as reasonably possible.
16. Subcontractors
Ironclad may engage qualified subcontractors or freelancers to assist in the completion of project work. Ironclad remains fully responsible for the quality and delivery of all work, regardless of whether subcontractors are used. Client information and project details shared with subcontractors will be limited to what is strictly necessary and subject to confidentiality obligations.
17. ADA & Web Accessibility
Website accessibility compliance, including WCAG 2.1 or ADA Title III standards, is only included in a project if explicitly stated in the written project proposal. Unless specifically scoped and agreed upon in writing, Ironclad makes no guarantee that delivered websites meet any particular accessibility standard. Clients who require accessibility compliance are responsible for raising this requirement before work begins.
18. Governing Law & Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising from this Agreement that cannot be resolved through good-faith negotiation shall be submitted to binding arbitration in accordance with applicable arbitration rules before any litigation is commenced.
19. Entire Agreement & Amendments
This Agreement, together with any project proposal or Statement of Work agreed upon in writing, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior negotiations, representations, and understandings. No modification of this Agreement shall be effective unless made in writing and signed by both parties.
If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Acceptance of Terms
By submitting an inquiry form, paying the required deposit, or otherwise engaging the Company's services, the Client acknowledges that they have read, understood, and agree to be fully bound by these Terms of Service. No physical signature is required. Payment of the deposit constitutes acceptance of this Agreement in its entirety.
If you have questions about these terms, contact us before submitting payment. Proceeding with payment confirms your understanding and acceptance without reservation.
Questions? Contact us before proceeding. This document was last updated April 6, 2026.