Terms of Service

Last updated: [Month Day, Year]

These Terms of Service ("Terms") govern any website, web application, mobile application, or related development, maintenance, or consulting services (the "Services") provided by Harditainment ("Harditainment," "we," "us"), operated by [Your legal name], a sole proprietorship [to be updated to "Harditainment LLC" once registration is complete], to the client ("Client," "you"). By engaging Harditainment for Services, you agree to these Terms.

1. Services

Harditainment provides custom website development, web application development, mobile application development, and related maintenance and consulting services. The specific scope, deliverables, timeline, and price for each engagement will be described in a written quote, proposal, or statement of work ("Project Agreement") agreed to by both parties before work begins.

2. Quotes & Changes in Scope

Quotes are based on the scope described at the time of the quote. Requests that materially expand that scope (additional pages, features, revisions beyond what was agreed, etc.) may result in a revised quote or additional invoice before that work continues.

3. Payment Terms

Unless otherwise agreed in writing, projects require a deposit before work begins, with the remaining balance due at agreed milestones, invoiced securely through Stripe. The deposit is non-refundable once work has begun. The completed work will not be launched, and no deliverables, source files, or access credentials will be transferred, until all amounts due are paid in full. Late payments may accrue interest at 1.5% per month (or the maximum rate permitted by law, whichever is less), and Harditainment may suspend work on accounts more than 62 days past due.

4. Client Responsibilities

Client agrees to provide timely feedback, content, assets, and access (e.g., domain, hosting, or third-party accounts) reasonably needed to complete the project, and to designate one point of contact authorized to approve deliverables. Delays in providing these may extend the project timeline day-for-day and will not constitute a breach by Harditainment. Client represents that it owns or has proper licenses for all materials it provides and will indemnify Harditainment against claims arising from Client-provided materials.

5. Intellectual Property

Upon receipt of full and final payment, Client receives all right, title, and interest in the final delivered design and custom code created specifically for their project, excluding any pre-existing tools, libraries, frameworks, or reusable components owned by Harditainment or third parties ("Developer Tools"), which remain licensed to Client on a perpetual, non-exclusive basis as incorporated into the delivered project. Third-party assets (stock photos, fonts, plugins, integrated apps) remain subject to their own license terms, and any recurring third-party fees beyond what's stated in the Project Agreement are Client's responsibility. Harditainment retains the right to showcase completed work, including a discreet credit link, in its portfolio and marketing materials unless Client requests its removal in writing.

6. Revisions & Additional Work

Each Project Agreement includes a set number of revision rounds (typically two at the design stage and two at the development stage). A "round" means one consolidated set of change requests. Work requested outside the agreed scope is billed per the flat rates described on the Services & Pricing page, or quoted separately for requests of unusual size or complexity.

7. Hosting, Domain & Maintenance

Where a Project Agreement includes hosting and domain registration, Harditainment will provide hosting, security monitoring, and routine maintenance for the term stated in that agreement. After that initial term, continued hosting and maintenance is billed at an annual renewal rate, with written notice provided at least 30 days before renewal. Harditainment will correct, at no charge, any defects in its own work reported within 30 days of launch; this does not cover issues caused by Client edits, third-party outages, or security incidents not attributable to Harditainment's work.

8. Warranties & Limitation of Liability

Harditainment will perform Services in a professional and workmanlike manner. Except as expressly stated in a Project Agreement, Services are provided "as is" without other warranties, express or implied, and Harditainment makes no guarantee regarding search engine rankings, traffic, or other business outcomes. To the maximum extent permitted by law, Harditainment's total liability for any claim arising from the Services is limited to the amount paid by Client for the Services giving rise to the claim, and neither party is liable for indirect, incidental, or consequential damages, including lost profits or data.

9. Third-Party Services

Projects may rely on third-party services (hosting providers, payment processors, APIs, etc.). Harditainment is not responsible for outages, changes, or fees imposed by those third parties.

10. Cancellation

Either party may terminate an engagement with 14 days' written notice. If Client terminates, Client is responsible for payment for all work completed through the termination date, plus any non-cancellable expenses already incurred; the deposit is non-refundable. If either party materially breaches this Agreement and fails to cure within 10 days of written notice, the non-breaching party may terminate immediately. See the Refund Policy for how payments already made are otherwise handled.

11. Independent Contractor

Harditainment acts as an independent contractor. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between the parties.

12. Governing Law

These Terms are governed by the laws of the State of [Tennessee — confirm before publishing], without regard to conflict-of-law principles.

13. Contact

Questions about these Terms can be sent to ehard1076@harditainment.com.

[This template is a starting point, not legal advice. Have a lawyer review it before relying on it, especially once you're operating as an LLC.]