Terms of Service
Last updated: 1 March 2025
- Acceptance of Terms
- Services
- Accounts and Access
- Intellectual Property
- Client Responsibilities
- Payment Terms
- Project Delivery and Revisions
- Warranties and Representations
- Limitation of Liability
- Indemnification
- Termination
- Dispute Resolution
- Governing Law
- Severability
- Entire Agreement
- Changes to These Terms
- Contact
1. Acceptance of Terms
By accessing or using the website at linkdaddybuild.com (the "Site") or engaging any services provided by LinkDaddy Build ("we", "us", "our"), you agree to be legally bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
If you do not agree to these Terms, you must not access the Site or use our services.
2. Services
LinkDaddy Build provides website design, development, repair, SEO infrastructure, and digital asset services (collectively, "Services"). The specific scope, deliverables, timelines, and fees for each engagement are defined in a separate written proposal, statement of work, or service agreement ("Project Agreement"). These Terms govern your general use of the Site and any Services not covered by a specific Project Agreement, and are incorporated by reference into all Project Agreements.
We reserve the right to modify, suspend, or discontinue any Service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of Services.
3. Accounts and Access
Certain features of the Site may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account. We reserve the right to terminate accounts that violate these Terms.
4. Intellectual Property
Our content: All content on the Site — including text, graphics, logos, images, code, and design — is the property of LinkDaddy Build or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.
Project deliverables: Upon receipt of full payment for a project, you receive ownership of the custom deliverables created specifically for you under that Project Agreement, including the website code, design assets, and written content produced exclusively for your project. We retain ownership of any pre-existing tools, frameworks, libraries, templates, or methodologies used in delivering the project, which are licensed to you on a non-exclusive, royalty-free basis for use with the deliverables.
Portfolio rights: We retain the right to display completed work in our portfolio and marketing materials unless you request otherwise in writing prior to project commencement.
5. Client Responsibilities
You agree to:
- Provide accurate, complete, and timely information required for us to deliver the Services.
- Ensure that any content, images, or materials you provide do not infringe any third-party intellectual property rights.
- Review and provide feedback on deliverables within the timeframes specified in the Project Agreement.
- Maintain appropriate backups of your website and data.
- Not use the Site or Services for any unlawful, harmful, or fraudulent purpose.
- Not attempt to gain unauthorised access to any systems, servers, or networks.
6. Payment Terms
Fees for Services are specified in the relevant Project Agreement or invoice. Unless otherwise agreed in writing:
- A deposit (typically 50%) is required before project commencement.
- The remaining balance is due upon project completion and prior to final delivery.
- Invoices are due within 14 days of the invoice date unless otherwise specified.
- Late payments may incur interest at 1.5% per month on the outstanding balance.
- We reserve the right to suspend work on any project where payment is overdue.
Refunds: All fees are non-refundable once work has commenced, except where we have materially failed to deliver the agreed scope. Refund requests must be submitted in writing within 14 days of the relevant milestone. Each request is evaluated on a case-by-case basis.
7. Project Delivery and Revisions
Project timelines are estimates and may be affected by factors outside our control, including delays in receiving client-provided content or approvals. We will communicate any anticipated delays promptly.
The number of revision rounds included in a project is specified in the Project Agreement. Additional revisions beyond the agreed scope will be quoted and billed separately. A revision is defined as a minor change to existing content or design; a material change to the agreed scope constitutes a new work item.
8. Warranties and Representations
We warrant that our Services will be performed with reasonable skill and care, consistent with industry standards. We do not warrant that:
- The Site will be uninterrupted, error-free, or free of viruses or harmful components.
- Any specific search engine rankings, traffic levels, or business outcomes will be achieved (these depend on many factors outside our control).
- Third-party services, platforms, or APIs integrated into your project will remain available or unchanged.
The Site and Services are provided "as is" and "as available" without warranties of any kind, either express or implied, except as expressly stated in these Terms.
9. Limitation of Liability
To the maximum extent permitted by applicable law, LinkDaddy Build and its officers, directors, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising from or related to your use of the Site or Services, including but not limited to loss of profits, data, goodwill, or business opportunities, even if we have been advised of the possibility of such damages.
Our total aggregate liability for any claim arising from or related to these Terms or our Services shall not exceed the total fees paid by you to us in the three months preceding the event giving rise to the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless LinkDaddy Build and its officers, directors, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Site or Services; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; or (d) any content you provide to us.
11. Termination
Either party may terminate a Project Agreement with 14 days' written notice. Upon termination, you will pay for all work completed up to the termination date. We may terminate your access to the Site immediately and without notice if you violate these Terms or engage in conduct that we reasonably believe is harmful to us, other users, or third parties.
12. Dispute Resolution
We encourage you to contact us first to resolve any disputes informally. If a dispute cannot be resolved informally within 30 days, both parties agree to attempt mediation before initiating formal legal proceedings. Nothing in this clause prevents either party from seeking urgent injunctive relief from a court of competent jurisdiction.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the applicable jurisdiction in which LinkDaddy Build operates. Any disputes that cannot be resolved through mediation shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the enforceability of the remaining provisions.
15. Entire Agreement
These Terms, together with any applicable Project Agreement and our Privacy Policy, constitute the entire agreement between you and LinkDaddy Build regarding your use of the Site and Services, and supersede all prior agreements, representations, and understandings.
16. Changes to These Terms
We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. For material changes, we will provide reasonable notice. Your continued use of the Site or Services after changes are posted constitutes your acceptance of the revised Terms.
17. Contact
For questions about these Terms, please contact us via our Contact page.
