Our project terms, in the open.

• Projects under $500 are paid in full before work begins.
• Projects over $500 need a 50% to 100% deposit before work begins.
• The remaining balance is due at the halfway point of the project or 14 calendar days after the deposit, whichever comes first.
• Invoices are due on receipt unless your quote says otherwise.
• Work pauses for non-payment. Final files and the live launch are released once payment has cleared our bank or payment processor.
• Payment options (PayPal preferred, cards, checks, and others) and any no-interest payment plan are listed on your quote.
• Returned payments and chargebacks carry a fee, and late payments carry a monthly late fee. Both amounts are stated on your quote.
• Unpaid balances close the project after 30 days. See Non-payment, default and abandoned projects.
• Everything-included plans: billed monthly in advance, with a 12-month commitment. After that it renews for 12 or 6 months, then month to month. The plan details are on our Plans page.

• All concepts, drafts, artwork, designs, code and digital assets stay the property of DeGaetano Design & Marketing LLC until payment is made in full and has cleared.
• Own-it plans (Buy it, and Own it + everything included): once payment clears, full copyright in your finished deliverables transfers to you, unless we agree otherwise in writing.
• Everything-included plan: we build, host and maintain the website as a service. You may use it for as long as your plan is active, and ownership stays with us. If you already own a website or buy one from us, it stays yours, and a site can move onto this plan with a redesign included. This plan cannot be bought later.
• Free demos: a demo is a no-cost preview and remains our property until it is purchased under a signed agreement.
• Using deliverables before they are paid for is unauthorized use and may infringe copyright under federal law (Title 17, U.S. Code).
• Content created with AI tools follows the AI-assisted work section.

• You pay third-party providers directly for tools, software, subscriptions, stock media, printers, hosting not provided by us, postage, copywriters and other specialists your project needs.
• We are not responsible for delays, damage or interruptions caused by third-party services.

• Free demo: includes 1 concept, at no cost and with no obligation.
• Revisions: revision rounds begin once you purchase and commit to your project. The rounds included are stated on your quote.
• Logo package: 5 logo concepts for $99. You choose 1 to use, and you own it. The other concepts cannot be used.
• Everything-included plans: Maintain includes text, image and copy changes. Grow adds 4 new pages of real content each year. A 6-month renewal includes 2 of the 4 pages, because it is half the commitment. New pages are not part of Maintain.
• Changes to the scope after the quote is accepted are Additional Work. They need a written quote and your acceptance, and are paid in advance or added to your next invoice.

• Most projects take an estimated 7 to 14 business days.
• Timelines can run longer when changes, approvals or materials from you take longer than planned.

• We provide basic hosting with every website. On Buy it, hosting is billed separately and the site is yours to take anywhere.
• Hosting is month to month. You may also prepay 6 or 12 months in advance.
• Hosting invoices are due on receipt.
• 5 calendar days past due: your website and email may be suspended.
• 14 calendar days past due: your account is closed and your website and email go offline.
• Backups. We keep a backup of your files for 30 days after you cancel or your account is closed. After 30 days there is no backup and your files are no longer available to you. Deleted data cannot be recovered.
• Getting your files. We deliver your files by normal digital means. If that does not work, we make 2 more delivery attempts by other means, at your cost. That is all we are required to do.
• We are not responsible for lost files, data or business caused by suspension, closure or cancellation. Reactivation may carry a setup fee.

A project is abandoned when either of these happens:

• Non-payment: any deposit or invoice is unpaid 30 calendar days after its due date. You forfeit the project by default.
• No contact: for 60 calendar days you do not reply to our calls, emails or texts about your project.

When a project is abandoned:

• It closes right away and all work stops.
• No refunds. No credits. No damages. You have no claim against us for the closure, the unfinished work, or anything lost. Closing an abandoned project is not a breach by us.
• Your right to use any drafts, files, partial work or deliverables ends. They stay ours until paid in full (see Ownership and copyright).
• Amounts already invoiced remain owed, and so does the rest of any committed term (see below).
• Restarting is our choice and may need a new quote and deposit.

Plan commitments and default. A plan commitment is a promise to pay for the full term. Everything-included plans run for 12 months, then renew for 12 or 6 months, then month to month.

• If you stop paying, cancel early or default, the remaining monthly payments in your current term become due right away. We reserve capacity, hosting and team time for the full term, our loss from early exit would be hard to measure, and you agree this amount is a fair estimate of it.
• Past-due amounts carry the late fee and interest stated on your quote, never above the maximum the law allows, plus the non-payment fee stated on your quote.
• You also owe our collection costs and reasonable legal fees (see Governing law and disputes).
• Month-to-month hosting: you owe all unpaid hosting through the day the account is closed, plus the same fees.
• Service stops under Hosting and digital infrastructure. Stopping service does not cancel what you owe, and amounts already paid are not refunded.
• You can bring your account current at any time before it is closed by paying everything past due plus fees. We may then restore service, and a reactivation fee may apply.
• If we end a plan for any reason other than your default, you owe only through the end date.

By accepting a quote or paying toward it, you agree to all of this in advance. You release us from every claim connected to an abandoned project, and you agree not to bring one, to the fullest extent the law allows. These terms are the whole answer to any such claim.

• Marketing strategies, social schedules, SEO, AEO and GEO plans, ad campaigns, copywriting and consulting are confidential work for hire.
• No guarantee. No warranty. Marketing results depend on things nobody controls: your market, competitors, budget, industry and audience, plus search engines, AI platforms and ad platforms that change without notice. For that reason we do not guarantee, promise or warrant any result, including success, revenue, profit or any other financial gain, rankings, traffic, leads, sales, appearing in AI answers, or any improvement in performance.
• Examples, case studies and estimates show what is possible. They are not predictions or promises.
• Our work is provided as is. To the fullest extent the law allows, we disclaim all warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.
• We are not responsible for changes, outages or policy decisions on advertising, search or AI platforms.

• We do not share or disclose your proprietary business information or marketing strategy.
• If you need a formal NDA, we will gladly sign one.

• We use AI tools, such as generative design, drafting, voice, image and video, chatbots and automation, to work faster and test more ideas. A person reviews and directs the work.
• We tell you when AI tools are used on any part of your project. You can request human-created work only, in writing.
• Under current U.S. law, content created purely by AI may not qualify for copyright protection (U.S. Copyright Office guidance, 2023 and 2024). We recommend combining AI output with original human work for anything you need to protect.
• AI-assisted work is provided as is. We do not guarantee originality, accuracy or copyright ownership of purely AI-generated assets, and you are responsible for how you publish and use them.

• Hold harmless. You release, defend and hold harmless DeGaetano Design & Marketing LLC, its members, employees, contractors and affiliates from any and all claims, losses, damages, liabilities, costs and expenses, including attorney's fees, direct or indirect, known or unknown, that arise from or relate to our services, our deliverables, your project, or your use of any of them.
• Your materials. You are responsible for the copy, images, logos and other materials you give us. You confirm you have the right to use them, and you hold us harmless from any claim about them.
• Third parties and AI. This includes claims connected to third-party services (see Third-party products and services), AI-assisted work (see AI-assisted work) and the results of any marketing work (see Marketing, strategy and results).
• No indirect damages. We are not liable for indirect, incidental, special or consequential damages, including lost profit, lost data or lost business.
• Cap. Our total liability is limited to the amount you paid for the specific project. On an abandoned project (see Non-payment, default and abandoned projects) it is zero.
• Every legal theory. These limits apply whether a claim is based on contract, negligence, any other tort, statute or anything else.
• Nothing here limits liability for willful or wanton misconduct, or any liability that the law does not allow to be limited.

• These terms are governed by the laws of the State of Ohio.
• Disputes are heard in Lorain County, Ohio.
• Both sides agree to try mediation before starting legal proceedings.
• Any claim against us must be filed within one year after it arises, or it is lost.
• If you bring a claim that these terms bar, you pay our reasonable legal fees and costs.
• Collection fees, court costs and reasonable attorney's fees for unpaid invoices are added to the amount due.

• By signing a quote, approving it by email or paying toward it, you agree to these terms. You confirm you are authorized to sign for the business named on the quote.
• The signer personally guarantees payment.
• Final files are released once all balances are paid in full. Copyright and ownership follow Ownership and copyright.
• These terms and your quote are the entire agreement. They apply to current and future work unless we sign a separate agreement.
• If any part of these terms cannot be enforced, the rest still applies.
• Ownership and copyright, Non-payment and default, Marketing and results, Hold harmless and limits of liability, and Governing law continue to apply after a project ends or is closed.