Terms of Service &
Legal Compliance

I reserve the right to update these Terms at any time. Continued engagement following notice of changes constitutes acceptance. The most current version will always be available on this website with the date of last revision noted at the top.

Any work requested beyond the agreed scope of the signed project proposal will be treated as a change order and billed at my standard hourly rate of $85/hour, or at a mutually agreed flat rate, before additional work commences. No out-of-scope work will begin without written approval from the Client.

Estimated timelines are provided in good faith and are contingent upon timely receipt of Client-provided materials (content, images, branding assets, login credentials, etc.). Delays caused by the Client's failure to provide required materials will not constitute a breach by the Designer and may result in revised delivery dates or additional fees.

In compliance with California's Honest Pricing Law (Senate Bill 478, effective July 1, 2024), all prices quoted are total, all-inclusive prices. No hidden fees, mandatory service charges, or undisclosed add-ons will be applied after a price has been agreed upon. Any additional costs (e.g., third-party hosting fees, domain registration, premium plugin licenses) will be disclosed in writing prior to purchase.

All one-time website build projects are billed on the following milestone schedule:

• 50% Deposit:Due upon signing the project proposal. Non-refundable. Work does not begin until deposit is received.
• 25% Mid-Project:Due upon delivery of the design mockup/prototype for Client review and approval.
• 25% Final Balance:Due upon project completion, prior to site launch or transfer of files/credentials.

Subscription plans (monthly, quarterly, or annual) are billed in advance at the start of each billing cycle. The first payment is due upon signing the service agreement and covers the initial setup period. Subscription fees include hosting, maintenance, and content updates as specified in the selected plan.

All payments are processed securely through Square. Accepted methods include major credit cards (Visa, Mastercard, American Express, Discover), debit cards, and Square Pay. Checks and cash may be accepted by prior arrangement only.

Invoices are due within 7 calendar days of issuance unless otherwise specified in the project proposal. Accounts more than 14 days past due are subject to a late fee of 1.5% per month (18% annually) on the outstanding balance. I reserve the right to suspend or withhold delivery of work product until all outstanding balances are paid in full.

Clients are responsible for any applicable sales or use taxes. Website design services in California are generally not subject to California sales tax; however, if any taxable goods or software licenses are included in a project, applicable taxes will be disclosed and itemized on the invoice. Clients operating as businesses are responsible for their own tax reporting obligations.

All prices are quoted and billed in United States Dollars (USD).

The initial 50% deposit is strictly non-refundable under all circumstances. This deposit compensates for time reserved, preliminary research, discovery sessions, and initial design work performed upon signing. By paying the deposit, the Client acknowledges and agrees to this policy.

• Before design work begins: Deposit is forfeited; no further charges apply.
• After design mockup delivery: The 25% mid-project payment becomes due and non-refundable.
• After final delivery or launch: Full project balance is due. No refunds will be issued.

Subscription plans may be cancelled with 30 days' written notice via email. Upon cancellation:

• No refunds will be issued for the current billing cycle.
• Service will continue through the end of the paid period.
• Upon termination, the Client will receive all website files and credentials within 5 business days, provided all outstanding balances are paid.
• Annual plan cancellations within the first 30 days may receive a prorated refund for unused months, at my sole discretion.

I reserve the right to terminate a project or subscription if: (a) the Client engages in abusive, threatening, or unlawful conduct; (b) the Client fails to provide required materials for more than 30 days; or (c) payment obligations are not met. In such cases, a prorated refund for unused, unearned work may be issued at my discretion, minus any costs already incurred.

All refund disputes must be submitted in writing to the contact email listed in Section 12. I am committed to resolving disputes fairly and in good faith. If a resolution cannot be reached within 30 days, either party may pursue mediation or small claims court as outlined in Section 10.

All content, images, logos, text, and materials provided by the Client remain the sole property of the Client. The Client warrants that they have full legal right to use all materials provided and indemnifies the Designer against any claims arising from the use of Client-provided content.

Upon receipt of full and final payment, the Designer transfers to the Client all rights, title, and interest in the custom design and code created specifically for the Client's project. This transfer includes the website layout, custom graphics, and written code. The Client will receive full ownership of the website files and credentials.

Notwithstanding the above, the Designer retains the following rights at all times:

• The right to display the completed project in the Designer's portfolio, case studies, and marketing materials.
• Ownership of all underlying frameworks, libraries, tools, templates, and pre-existing code used in the project that were not created specifically for the Client.
• Ownership of any design elements, stock assets, or third-party resources licensed by the Designer (licenses may be transferred to the Client upon request and payment of applicable transfer fees).

Under subscription plans, the Client receives a non-exclusive, non-transferable license to use the website during the active subscription period. Full ownership and file transfer are available upon upgrade to a one-time purchase or upon termination with all balances paid.

Websites may incorporate third-party fonts, icons, images, or plugins under their respective licenses. The Designer will disclose any such assets and their license terms. The Client is responsible for maintaining any required third-party licenses after project handoff.

Active subscription plans include: website hosting, security monitoring, software/plugin updates, minor content updates (up to 2 hours/month for monthly plans), and technical support via email with a 48-hour response time during business days.

Subscription plans do not include: major redesigns, new page additions beyond the original scope, e-commerce functionality not in the original build, third-party service fees (domain registration, premium plugins, payment processor fees), or emergency after-hours support.

Subscriptions automatically renew at the end of each billing cycle unless cancelled in writing per Section 4. The Client will receive a renewal reminder 7 days before each billing date. Continued use of the service after the renewal date constitutes acceptance of the renewal charge.

Subscription pricing may be adjusted with 30 days' written notice. If the Client does not accept the new pricing, they may cancel per Section 4 without penalty beyond the current billing cycle.

The Designer makes no guarantee of specific business outcomes, search engine rankings, traffic levels, revenue, or conversion rates resulting from the delivery of a website. Website performance is subject to many factors outside the Designer's control.

To the maximum extent permitted by California law, the Designer's total liability for any claim arising out of or related to these Terms or any project shall not exceed the total amount paid by the Client for the specific project giving rise to the claim in the 12 months preceding the claim.

The Designer is not liable for outages, data loss, security breaches, or service failures caused by third-party providers including but not limited to hosting providers, Square, domain registrars, Google, booking platforms, or social media platforms.

Services are provided "as is." The Designer warrants that work will be performed in a professional and workmanlike manner consistent with industry standards. Beyond this, no express or implied warranties are made, including warranties of merchantability or fitness for a particular purpose.

The Client agrees to indemnify, defend, and hold harmless Abigail Hertzell Web Design from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from: (a) Client-provided content; (b) the Client's business operations; (c) the Client's violation of any law or third-party rights; or (d) the Client's breach of these Terms.

When you submit a contact form or inquiry on this website, I collect: your name, business name, email address, phone number (if provided), and the content of your message. This information is used solely to respond to your inquiry and manage our business relationship.

Your personal information is used to: communicate about your project, send invoices and receipts, and occasionally send relevant updates about my services. I do not sell, rent, or share your personal information with third parties for marketing purposes.

As a California resident, you have the following rights under the CCPA:

• Right to Know: You may request disclosure of the personal information I have collected about you.
• Right to Delete: You may request deletion of your personal information, subject to certain exceptions.
• Right to Opt-Out: I do not sell personal information. No opt-out is required.
• Right to Non-Discrimination: You will not be discriminated against for exercising your CCPA rights.

To exercise any of these rights, contact me at the email listed in Section 12. I will respond within 45 days as required by law.

I take reasonable measures to protect your personal information. However, no method of electronic transmission or storage is 100% secure. I cannot guarantee absolute security of your data.

This website may use cookies for analytics purposes (e.g., page view tracking). No personally identifiable information is collected through cookies. You may disable cookies in your browser settings at any time.

In the event of any dispute arising from these Terms or any project, both parties agree to first attempt resolution through good-faith negotiation. Either party may initiate this process by providing written notice of the dispute. The parties will have 30 days to reach a resolution.

If good-faith negotiation fails, the parties agree to submit the dispute to non-binding mediation in San Diego County, California, before pursuing any other legal remedy. Mediation costs will be shared equally unless otherwise agreed.

Either party may bring a claim in San Diego County Small Claims Court for disputes within the court's jurisdictional limits without first pursuing mediation.

Both parties waive any right to participate in a class action lawsuit or class-wide arbitration related to any dispute under these Terms.

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal proceedings not subject to Section 10 shall be brought exclusively in the state or federal courts located in San Diego County, California.

For projects valued at $250 or more, a separate written project contract will be provided and signed by both parties, as required by California's Freelance Worker Protection Act (SB 988, effective January 1, 2025). These Terms supplement but do not replace that contract.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

These Terms, together with any signed project proposal or statement of work, constitute the entire agreement between the parties and supersede all prior communications, representations, or agreements.

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to natural disasters, illness, power outages, or internet service disruptions.