These Terms and Conditions govern use of the SiteMods website and form the general terms for website development and related professional services provided by SiteMods. A signed proposal, statement of work, service agreement, or other written project agreement may add to or replace portions of these terms for a particular engagement.
Acceptance of Terms
By using this website, you agree to these terms. A client engagement begins only when SiteMods and the client accept a written proposal or agreement. Website descriptions, demonstrations, and general discussions do not by themselves create a service contract or an obligation to accept a project.
Services and Project Agreements
SiteMods provides privately arranged website development, modification, integration, maintenance, support, and related services. Each project's deliverables, schedule, responsibilities, fees, and acceptance process should be stated in its project agreement. If that agreement conflicts with these general terms, the project agreement controls for that engagement.
Proposals, Scope, and Changes
Estimates and proposals are based on the information available when prepared and remain open only for the period stated in the proposal. Requests that change the agreed requirements, deliverables, integrations, content, schedule, or assumptions may require a written change order, revised estimate, or separate project.
Client Responsibilities
- Provide accurate requirements, timely decisions, content, credentials, and access reasonably needed for the work.
- Review deliverables and provide consolidated feedback within the time described in the project agreement.
- Maintain authorized backups and follow agreed security procedures.
- Confirm that supplied names, text, images, software, data, and other materials may lawfully be used for the project.
- Obtain any legal, accessibility, privacy, tax, regulatory, or industry review required for the client's business and website.
Fees and Payment
Fees, deposits, milestones, billing intervals, due dates, and approved expenses are specified in the applicable project agreement. Invoices are payable according to those terms. SiteMods may pause work, withhold delivery, or restrict service access when an amount is overdue, subject to the project agreement and applicable law.
Schedules and Delays
Project dates depend on timely client materials, decisions, access, approvals, and third-party availability. A delay outside SiteMods' reasonable control may extend the schedule. Unless a written agreement expressly states otherwise, a target date is an estimate rather than a guarantee.
Content, Access, and Security
The client remains responsible for the accuracy, legality, and maintenance of client-supplied content and for controlling access to the client's systems. Credentials should be shared through an agreed secure method and changed when access is no longer needed. SiteMods may refuse content or instructions that appear unlawful, harmful, deceptive, or outside the agreed work.
Ownership and Licenses
Each party retains ownership of materials, tools, methods, systems, trademarks, and other intellectual property it owned or developed independently of the project. Ownership or licensing of project deliverables is defined in the project agreement and may depend on full payment.
Reusable frameworks, templates, utilities, processes, and general development knowledge used to produce a deliverable remain the property of SiteMods or the applicable third party unless the project agreement expressly transfers them. The client receives the rights needed to use the completed deliverable as stated in that agreement. Client-supplied materials remain the client's property.
Third-Party Products and Services
A project may depend on hosting providers, domain registrars, payment services, software, application interfaces, content, or other third-party products. Those items are governed by their providers' terms, availability, pricing, security, and support. SiteMods does not control and cannot guarantee a third party's continued operation or compatibility.
Acceptable Website Use
You may not misuse this website, attempt unauthorized access, interfere with its operation, introduce malicious code, scrape protected client resources, impersonate another person, or use the website in violation of law or another person's rights.
Confidentiality
Each party should use reasonable care with non-public information received for a project and use it only as needed for the engagement. More specific confidentiality obligations in a project agreement or separate nondisclosure agreement control.
Warranties and Disclaimers
SiteMods will perform agreed professional services with reasonable care. Any correction period, acceptance standard, or additional warranty is stated in the project agreement. Except for written commitments in an applicable agreement and rights that cannot legally be excluded, the website, demonstrations, information, and services are provided without other express or implied warranties. SiteMods does not guarantee uninterrupted operation, a particular search ranking, sales level, traffic result, or compatibility with every future third-party change.
Limitation of Liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, punitive, or consequential loss arising from the website or services. Unless a project agreement states otherwise, SiteMods' aggregate liability for a claim will not exceed the amount paid to SiteMods for the specific services giving rise to that claim. This limitation does not apply where liability cannot legally be limited.
Suspension and Termination
Either party may end a project as allowed by its agreement. On termination, the client remains responsible for completed work, committed costs, and other amounts due. SiteMods may suspend website or client-resource access when reasonably necessary for security, misuse, nonpayment, or compliance with law.
Disputes and Governing Terms
The governing law, venue, and any required dispute process stated in a project agreement control that engagement. If no project agreement addresses those matters, applicable law determines them. Before beginning formal proceedings, the parties should make a reasonable effort to resolve a dispute through direct written communication.
Changes to These Terms
SiteMods may update these website terms as services and practices change. The effective date above identifies the current version. Changes to an active project's agreed terms require the process stated in that project's agreement.
Contact Us
Questions about these terms or a potential project may be submitted through our Contact page.