Terms & Conditions
Welcome to PowderKeg Web Design (hereafter referred to as “we,” “us,” or “our”). By accessing and using our website (powderkegwebdesign.com) and our services, you agree to abide by the following Terms and Conditions. If you disagree with any part of these terms, please refrain from using our website or services.
Website Use and Content:
1.1. Intellectual Property: All content, materials, and graphics presented on our website are the property of PowderKeg Web Design or its licensors and are protected by applicable intellectual property laws. You may not reproduce, modify, distribute, or display our content without our prior written consent.
1.2. Limited License: We grant you a limited, non-exclusive, and non-transferable license to access and use our website for personal or internal business purposes. This license does not permit commercial use or any form of unauthorized exploitation of our content.
1.3. User Conduct: You agree not to engage in any activity that may interfere with or disrupt the proper functioning of our website or services. This includes but is not limited to hacking, distributing malware, or attempting to gain unauthorized access to our systems.
1.4. Website Availability: We strive to ensure that our website is accessible at all times, but we do not guarantee uninterrupted access. We reserve the right to suspend or terminate access to our website for maintenance, upgrades, or other reasons without prior notice.
Services and Contracts:
2.1. Service Agreements: When you engage our services, you will be required to enter into a separate agreement that outlines the scope of work, deliverables, timelines, and fees. The terms and conditions of this agreement will be binding on both parties.
2.2. Project Scope: We will work closely with you to define the scope of your project and provide a detailed proposal outlining the services to be delivered. Any changes or additions to the agreed-upon scope may result in adjustments to the project timeline and cost.
2.3. Fees and Payment: The fees for our services will be outlined in the project proposal or service agreement. Payment terms and methods will also be specified therein. Failure to make timely payments may result in a delay in project delivery.
2.4. Intellectual Property Rights: Upon project completion and receipt of full payment, we will transfer the intellectual property rights of the final deliverables to you. Until full payment is received, we retain ownership of the work-in-progress and all associated intellectual property.
Disclaimer of Warranties:
3.1. Our website and services are provided “as is” without warranties of any kind, whether express or implied. We make no representations or warranties regarding the accuracy, completeness, or reliability of the content or services provided.
3.2. We do not guarantee that our website will be error-free, secure, or continuously available. We disclaim all responsibility for any loss, damage, or inconvenience caused by the unavailability or malfunction of our website.
Limitation of Liability:
4.1. To the extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use our website or services, even if we have been advised of the possibility of such damages.
4.2. You agree that our total liability for any claim, whether in contract, tort, or otherwise, shall be limited to the amount you paid us for the services provided.
5.1. You agree to indemnify, defend, and hold harmless PowderKeg Web Design, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising out of your use of our website or services or any breach of these Terms and Conditions.
Modification of Terms:
6.1. We reserve the right to modify or update these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting on our website. By continuing to use our website or services after any modifications, you agree to be bound by the updated Terms and Conditions.
Governing Law and Jurisdiction:
7.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Wisconsin. Any dispute arising from these terms shall be subject to the exclusive jurisdiction of the courts in Wisconsin.
By using our website or engaging our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions in their entirety.