Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Endless Mountains Digital ("Company," "we," "us," or "our") regarding your use of our website and services.

By accessing our website at endlessmountainsdigital.com or engaging our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our website or use our services.

2. Services Offered

Endless Mountains Digital provides professional digital services, including but not limited to:

• Web Design & Development: Custom website design, development, and maintenance
• Search Engine Optimization (SEO): On-page optimization, technical SEO, local SEO, and content strategy
• Business Automation: Workflow automation, CRM integration, and process optimization
• Digital Strategy: Consulting, analytics, and digital marketing services
• Hosting & Maintenance: Website hosting, updates, security, and ongoing support

Specific services, deliverables, timelines, and pricing are outlined in individual project agreements or statements of work.

3. Client Responsibilities

To ensure successful project completion, clients agree to:

3.1 Content & Materials

• Provide all required content, text, images, logos, and other materials in a timely manner
• Ensure all provided materials are owned by the client or properly licensed
• Review and approve deliverables within the specified timeframe
• Provide constructive feedback and clarifications when requested

3.2 Access & Cooperation

• Provide necessary access to existing systems, accounts, and platforms
• Respond to communications and requests in a timely manner
• Participate in scheduled meetings and check-ins
• Designate a primary point of contact for project communications

3.3 Payment Obligations

• Make payments according to the agreed-upon schedule
• Pay invoices within the specified payment terms (typically 15 days unless otherwise agreed)
• Understand that work may be paused if payments are overdue

4. Payment Terms

4.1 Pricing & Deposits

Project pricing is established in the project proposal or statement of work. Unless otherwise specified:

• A deposit of 50% is required before work begins
• The remaining balance is due upon project completion or according to milestone schedule
• Recurring services (hosting, maintenance, SEO) are billed monthly or annually

4.2 Payment Methods

We accept payments via:

• Credit/debit cards
• ACH/bank transfer
• Check (for established clients)

4.3 Late Payments

Invoices are due within 15 days of the invoice date unless otherwise specified. Late payments may result in:

• A late fee of 1.5% per month (18% annually) on the outstanding balance
• Suspension of work until payment is received
• Suspension or termination of hosting, maintenance, or recurring services
• Withholding of deliverables until full payment is received

4.4 Refunds

Due to the custom nature of our services:

• Deposits are non-refundable once work has commenced
• For monthly services, cancellations take effect at the end of the current billing period
• No refunds are provided for partial months of service
• Refund requests must be submitted in writing

5. Project Timeline & Revisions

5.1 Timelines

Project timelines are estimates based on the scope of work and client cooperation. Timelines may be affected by:

• Delays in client feedback or content provision
• Changes to project scope
• Technical complexities or third-party dependencies
• Force majeure events

5.2 Revisions

Each project includes a specified number of revision rounds (typically 2-3 rounds):

• Minor revisions: Adjusting colors, text, spacing, or similar changes
• Major revisions: Redesigning layouts, restructuring content, or adding new features
• Additional revision rounds or major changes may incur additional fees
• Revision requests must be submitted in writing with clear specifications

5.3 Scope Changes

Changes to the original project scope require a written change order and may result in:

• Additional fees based on the scope of changes
• Adjusted timelines and delivery dates
• Revised milestones and payment schedules

6. Intellectual Property Rights

6.1 Client Ownership

Upon full payment, the client receives ownership of:

• Final website design and custom code developed specifically for the client
• Client-provided content, images, and materials
• Custom graphics and assets created exclusively for the client

6.2 Company Ownership

We retain ownership of:

• Pre-existing code libraries, frameworks, and tools
• Templates, wireframes, and design systems
• Proprietary methodologies, processes, and workflows
• General knowledge and experience gained during the project

6.3 Third-Party Assets

Some projects may use third-party assets (fonts, stock images, plugins, APIs):

• Third-party assets are governed by their respective licenses
• Clients are responsible for maintaining valid licenses for third-party assets
• We will clearly identify any third-party assets used in the project

6.4 Portfolio Rights

Unless otherwise agreed in writing, we reserve the right to:

• Display completed work in our portfolio
• Use project screenshots and case studies for marketing purposes
• Reference the client in our client list

Clients may request exclusion from our portfolio for confidential or sensitive projects.

7. Website Hosting & Maintenance

7.1 Hosting Services

For clients using our hosting services:

• We use industry-standard hosting providers and infrastructure
• We strive for 99.9% uptime but cannot guarantee uninterrupted service
• Scheduled maintenance windows are communicated in advance
• Clients are responsible for keeping backups if hosting elsewhere

7.2 Maintenance Plans

Our maintenance plans typically include:

• Software updates and security patches
• Regular backups
• Performance monitoring
• Technical support within specified response times
• Minor content updates (depending on plan level)

7.3 Client Responsibilities

• Maintain current payment for hosting and maintenance services
• Notify us immediately of any security concerns or technical issues
• Refrain from making unauthorized modifications that could affect site stability
• Comply with hosting provider's terms of service and acceptable use policies

8. SEO Services

8.1 Nature of SEO

Search engine optimization is an ongoing process with no guaranteed rankings. We agree to:

• Use ethical, white-hat SEO techniques in compliance with search engine guidelines
• Provide regular reports on SEO performance and metrics
• Make our best efforts to improve search visibility
• Stay current with search engine algorithm updates and best practices

8.2 No Ranking Guarantees

We cannot guarantee specific rankings or results because:

• Search algorithms are proprietary and constantly changing
• Competition and market factors are beyond our control
• Results depend on various factors including content quality and technical implementation

8.3 Timeframe

SEO is a long-term strategy. Measurable results typically take 3-6 months or longer, depending on industry competitiveness and website authority.

9. Warranties & Disclaimers

9.1 Warranty Period

We provide a 30-day warranty on completed projects, covering:

• Bugs and errors in our custom code
• Functionality issues arising from our work
• Broken links or missing assets that were part of the original deliverable

The warranty does not cover:

• Issues caused by third-party software or hosting
• Problems resulting from client modifications
• Compatibility issues with new browsers or devices released after project completion
• Content or design changes requested after final approval

9.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM
• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES
• WE ARE NOT LIABLE FOR DAMAGES CAUSED BY FORCE MAJEURE EVENTS, THIRD-PARTY SERVICES, OR CLIENT'S FAILURE TO COMPLY WITH THESE TERMS

11. Indemnification

You agree to indemnify, defend, and hold harmless Endless Mountains Digital, its officers, employees, and contractors from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

• Your use of our services
• Content, materials, or information you provide to us
• Your violation of these Terms or any applicable law
• Your violation of any third-party rights, including intellectual property rights

12. Termination

12.1 Termination by Client

Clients may terminate services by providing written notice. Upon termination:

• Client is responsible for payment of all work completed up to the termination date
• Client forfeits any deposit or advance payment
• Deliverables completed up to termination will be provided upon full payment
• Recurring services terminate at the end of the current billing period

12.2 Termination by Company

We reserve the right to terminate services if:

• Client fails to make payment within 30 days of the due date
• Client materially breaches these Terms
• Client engages in abusive, threatening, or illegal conduct
• Continuation of services would violate applicable laws or regulations

12.3 Effect of Termination

Upon termination of hosting or maintenance services:

• We will provide a final backup of the website (if available)
• Client has 30 days to migrate to alternative hosting
• After 30 days, website data may be permanently deleted
• We are not responsible for data loss after the 30-day grace period

13. Confidentiality

Both parties agree to maintain confidentiality of proprietary information disclosed during the engagement, including:

• Business strategies and plans
• Financial information
• Technical specifications and trade secrets
• Customer data and lists

Confidentiality obligations do not apply to information that:

• Is publicly available or becomes publicly available through no fault of the receiving party
• Was known to the receiving party prior to disclosure
• Is independently developed without use of confidential information
• Is required to be disclosed by law or court order

14. Acceptable Use Policy

Clients agree not to use our services for:

• Illegal activities or promotion of illegal goods or services
• Harassment, abuse, or harm to others
• Distributing malware, viruses, or harmful code
• Spamming, phishing, or fraudulent activities
• Violating intellectual property rights
• Adult content, gambling, or illegal pharmaceuticals (unless properly licensed)
• Activities that could damage our reputation or infrastructure

Violation of this policy may result in immediate suspension or termination of services.

15. Dispute Resolution

15.1 Informal Resolution

In the event of any dispute, both parties agree to first attempt to resolve the matter through good-faith negotiation.

15.2 Mediation

If informal resolution fails, parties agree to attempt mediation before pursuing litigation.

15.3 Governing Law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to conflict of law principles.

15.4 Venue

Any legal action arising from these Terms shall be brought exclusively in the state or federal courts located in Elk County, Pennsylvania.

16. General Provisions

16.1 Entire Agreement

These Terms, together with any project-specific agreements or statements of work, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

16.2 Amendments

We reserve the right to modify these Terms at any time. Material changes will be communicated via email. Continued use of our services after changes constitutes acceptance of the updated Terms.

16.3 Severability

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

16.4 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

16.5 Assignment

Clients may not assign or transfer these Terms without our prior written consent. We may assign these Terms to any successor or affiliate.

16.6 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including natural disasters, pandemics, government actions, or infrastructure failures.

17. Contact Information

For questions about these Terms of Service, please contact us: