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Terms of Service

Last updated: March 1, 2026

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of the designly.us website (the "Site") and any design, development, or related services ("Services") provided by Designly ("we," "us," or "our"). By accessing the Site or engaging our Services, you agree to be bound by these Terms.

2. Services

Designly provides web design, web development, and related digital services. Services are delivered either as one-time projects governed by a separate project agreement ("Project Agreement") or as monthly subscriptions governed by the subscription terms outlined below.

3. Project Agreements

For one-time projects, a separate Project Agreement will outline the specific scope of work, timeline, deliverables, payment schedule, and revision rounds. The Project Agreement, together with these Terms, constitutes the complete agreement for the project. In the event of a conflict between the Project Agreement and these Terms, the Project Agreement governs.

4. Subscription Terms

Billing: Subscriptions are billed monthly in advance on the same date each month. All fees are in U.S. dollars.

Pausing: You may pause your subscription at any time. Unused days are credited to your account and applied when you resume. Pauses take effect at the end of the current billing day.

Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are issued for partial months.

Scope: Subscription services are limited to the request capacity defined in your plan tier. Requests are processed in the order you prioritize them on your task board.

5. Payment Terms

For one-time projects, payment is due according to the schedule outlined in the Project Agreement. Standard terms are 50% due at project kickoff and 50% due upon completion, unless otherwise agreed in writing.

Late payments may incur a fee of 1.5% per month on the outstanding balance. We reserve the right to pause work on any project or subscription with an outstanding balance exceeding 15 days past due.

6. Intellectual Property

Client ownership: Upon full payment, you own all custom designs, code, and content created by Designly specifically for your project. This includes design files, source code, and any custom assets.

Pre-existing materials: Designly retains ownership of any pre-existing tools, frameworks, code libraries, or methodologies used in the delivery of Services. You receive a perpetual, non-exclusive license to use these materials as part of your delivered project.

Third-party assets: Any third-party fonts, images, plugins, or software used in your project are subject to their own license terms. We will identify any third-party assets and their license requirements in your Project Agreement or task deliverables.

Portfolio rights: We reserve the right to display your completed project in our portfolio and marketing materials, including screenshots and project descriptions. If you require confidentiality, notify us in writing and we will honor that request.

7. Client Responsibilities

You are responsible for:

  • Providing timely feedback during review cycles (within 5 business days unless otherwise agreed)
  • Providing accurate content, brand assets, and access credentials as needed
  • Ensuring that any content you provide does not infringe on third-party intellectual property rights
  • Maintaining your own hosting account, domain registration, and third-party service subscriptions after project handoff

Delays caused by late feedback or missing client materials may affect project timelines. We will communicate any timeline impacts promptly.

8. Revisions and Change Orders

Each Project Agreement specifies the number of included revision rounds. Additional revisions beyond the included rounds will be billed at an agreed-upon rate, communicated before work begins.

Changes to the project scope (new pages, new features, new integrations not in the original agreement) require a written change order with an updated price and timeline.

9. Warranties and Disclaimers

We warrant that Services will be performed in a professional and workmanlike manner consistent with industry standards. We guarantee that every website we build will achieve a minimum Lighthouse performance score of 90 at the time of delivery.

Except as expressly stated, Services are provided "as is." We do not warrant that your website will achieve specific business results, search engine rankings, or traffic levels.

10. Limitation of Liability

To the maximum extent permitted by law, Designly's total liability for any claim arising from or related to Services shall not exceed the total amount paid by you to Designly in the 12 months preceding the claim.

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption.

11. Indemnification

You agree to indemnify and hold harmless Designly from any claims, damages, or expenses arising from: (a) content you provide that infringes third-party rights, (b) your use of the delivered website, or (c) your breach of these Terms.

12. Termination

Either party may terminate a Project Agreement if the other party materially breaches the agreement and fails to cure the breach within 15 days of written notice. Upon termination, you are responsible for payment for all work completed to date.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of CLIENT TO PROVIDE: state/jurisdiction, without regard to conflict of law principles.

14. Dispute Resolution

Any disputes arising from these Terms or our Services will first be addressed through good-faith negotiation. If negotiation fails, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in CLIENT TO PROVIDE: city/state.

15. Severability

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

16. Entire Agreement

These Terms, together with any applicable Project Agreement or subscription terms, constitute the entire agreement between you and Designly. No oral or written statements outside of these documents will be binding.

17. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Continued use of the Site or Services after changes constitutes acceptance of the updated Terms.

18. Contact

Questions about these Terms? Contact us at:

CLIENT TO PROVIDE: contact email address
CLIENT TO PROVIDE: mailing address (if applicable)