Terms of Service

Apr 5, 2024

– How to use this page

This page is a collection of all our "General Business Policies & Procedures Terms & Conditions" - they are rarely updated.

However if an update is made, it will be clearly denoted in a change log within the tab it belongs to.

– Example of a change

Updated: 5/6/2006

We will accept payment in the form of real money.

Clause from 1/1/2009-5/5/2009

We will accept payment in the form of puppy pictures and funny cat videos.

Payments & Project Timelines

A. Timely Payments

To help us continue providing you with excellent service, we require that you make all payments according to the schedule and terms outlined in section C (Investment Terms).
We kindly request that the Client keeps up with the scheduled payments, as any delay in payments could cause a delay in the project.
We understand that life can be unpredictable, and sometimes payments may be missed. Therefore, if full payment is not made within 3 business days of the schedule outlined in section C (Investment Terms) along with a late penalty of $100, we'll apply a late fee of 2% of the outstanding balance, which will accrue daily starting from the day after the payment was due. We appreciate your understanding in this matter.
If the outstanding balance, including any late fees, isn't paid within 5 business days of the due date, we will pause services until payment is fulfilled. We’ll resume work once the balance is cleared.
In the unlikely event that your outstanding balance remains unpaid for more than 10 business days after the initial due date, we may terminate the agreement. If this happens, any initial payments will be deemed as earned compensation and non-refundable. We may hold onto any work completed or in progress until full payment is received. We hope it doesn't come to this, but we appreciate your understanding.
Our invoices will be in USD. If your currency is different, you agree your payments will be the same value. You agree to pay all charges associated with international transfers of funds.

B. Navigating Project Timelines

C. Expanding Project Scope

We understand that new ideas may emerge as the project progresses, and the scope may expand. If you have any additional work that you would like us to perform beyond what's included in this agreement, we'll be happy to discuss it with you.
If you want to change the project scope, you must provide written approval. The project deadline will also be adjusted to accommodate any changes to the scope.
Please remember that any extra work will be charged separately, and we'll provide you with a clear estimate of the additional investment involved. We want to ensure that you know exactly what to expect and that we stay within the agreed budget.
If we discover that additional pages are needed during our work together, each additional page will be priced at $500 for semi-custom pages and $150 for templated pages.
Each additional hour will be priced at $150.
We'll always ask for your written approval before adding additional expenses to your bill. You'll be expected to pay for this work before we begin work.

Content Prep

A. Content Collaboration

1. To ensure that your website is completed on time and to your satisfaction, we require that you provide content at least 4 weeks before the start of the project. Content is any information you want on your website. Content includes, but isn’t limited to, words, SEO research, images, logos, graphics, fonts, free resources, schedulers, forms, payment systems, third-party software, and social media accounts.

2. We’ll need the following from you 4 weeks before the project start date:

All content that you want to include on the website, including copy, text, photos, SEO keywords, images, graphics, logos, fonts, multimedia content, and free resources.
If you want photos and graphics optimized for SEO purposes, you must give us keywords to rename the files.
We suggest you provide 1-2 licensed photos or graphics for every 250-300 words to make your website stand out.
Any keywords, titles, and descriptions you want us to include on your website for Search Engine Optimization (SEO).
Links and access to third-party applications or software you want us to include or integrate into the website.
We'll do our best to connect your website with up to two third-party software programs you request. However, we may also use our discretion in determining whether it's possible to connect the software, and we may be unable to connect any third-party software. We want to be transparent about these limitations so that you can make informed decisions about the functionality of your website.

3. Any delays in providing or revising content can cause project delays. We are not responsible for such delays.

B. Website Legal Content

We understand that legal requirements such as terms and conditions of website use, disclosure statements, cookie banners, and privacy policies are essential for any website. Therefore, we require the Client to provide these documents and ensure compliance with all necessary regulations, including industry and location-specific regulations.
We will do our best to assist the Client in understanding these requirements and adequately displaying them on the website. However, the Client is ultimately responsible for providing all necessary legal content and ensuring their accuracy and comprehensiveness.
If we discover any issues with the documents provided by the Client, we will bring them to the Client's attention and request necessary revisions.
Please note that the web designer is not liable for any consequences arising from the Client's failure to have the necessary legal policies and content on their website, and the Client agrees to hold the web designer harmless in such instances.
We understand these legal requirements may be complex and require ongoing attention, so we recommend seeking professional legal advice to ensure compliance.

C. Content Accuracy

We believe that teamwork makes the dream work! As we embark on this creative journey together, it's important to remember that we each have our areas of expertise. While we focus on crafting a beautifully designed and functional website, your role is to provide us with accurate and polished content.
This means you're responsible for ensuring that the text, images, and other materials you provide are correct and error-free. While we'll do our best to make your content shine, catching typos and errors falls outside our work scope.
We may use artificial intelligence (AI) to assist with your website project. The purpose of this is to help us work more efficiently and effectively. Our team will review any AI-generated content to ensure that it's relevant and appropriate.
We want to ensure your website fully complies with copyright laws. Therefore, please only provide content that you have legal permission to use. We cannot be held liable for any legal issues arising from the content you provide. You agree to take full responsibility for ensuring that your content is legally authorized for use on your website.

D. Content Delays

We understand that life can be unpredictable, and sometimes things come up unexpectedly. If, for any reason, you're unable to submit the required content by the deadline mentioned above, don't worry! We'll reschedule the project once to the next available start date, and we'll keep you informed every step of the way so that you know exactly what to expect.
However, if we've rescheduled the project once and you're still unable to provide the necessary content within thirty (30) days before the new start date, we'll, unfortunately, have to terminate the project. We know this isn't ideal, but we want to be fair to all our clients and ensure we can allocate our time and resources effectively.
Please note that any non-refundable initial payment that you initially paid will be kept as compensation for the time and resources that we've allocated to the project. However, we'll refund you 30% of any payment besides the non-refundable initial payment. We hope you understand and can work together on future projects.

E. Content Revisions

We understand that you may have some edits to make to your website, and we're happy to accommodate that. However, to keep things moving forward, we require that you provide your edits within 3 business days of receiving the page draft. This will help us stay on track with the project timeline while allowing you to make the necessary changes.
Revisions must be communicated in writing through two different means depending on project stage.
Pre-Development: If the website hasn't started development yet, share changes through a Google Doc with all changes highlighted and an email to your project lead sharing that the content has changed.
In Development: All changes will be logged via Ruttl.

Project Management and Maintenance

A. Communication Expectations

Clear communication and collaboration are vital for a successful project. You can reach us through email at hello@turnquisthouse.com. Our business hours are Monday - Thursday 9-12 EST. You can expect a response from us within 2 business days.
We request that the Client designates one point of contact for communication with us to ensure efficiency and clarity. We will communicate primarily through email and expect a response to any of our inquiries or requests for feedback within 3 business days. This will enable us to move forward with the project promptly and efficiently.
We will use email as our primary mode of communication with you. Additionally, we may use tools such as Ruttl, Dropbox, Google Drive, Click-Up, Notion, or Dubsado to collect necessary content, files, or assets for the project. We'll provide instructions and assistance to ensure you can easily access and use these tools. If you have any concerns or difficulties with these tools, please let us know, and we'll work together to find an alternative solution.

B. Designer's Right to Refuse Unethical Tasks

We value our relationship and creative vision. We also uphold certain ethical standards. If a specific task or request doesn't align with these standards, we may need to find another mutually agreeable solution or refuse the task. If necessary, we may need to terminate our agreement to work together. Sometimes, you might not know that a request is unethical - we will endeavor to explain with understanding and kindness as to why we won't be completing the task. We will always assume positive intent from you and your team members. As former educators, we'll explain why we can't/won't do something - we're all learning, all the time!
Please remember that we're here to create an amazing website for you while ensuring our work meets ethical guidelines. We're confident we can do both and are excited to work with you on this project.
Remember, we're all in this together, and your understanding and support of this principle is greatly appreciated.

C. Parting Ways (Termination)

This agreement automatically terminates 10 days after all final deliverables are delivered and payment is paid in full.
We understand things can change unexpectedly and want to ensure our working relationship remains positive. If, for any reason, either of us feels it's best to end the agreement before the final project is delivered, we can do so by mutual consent and in writing. If this happens, we'll work together to settle any outstanding payments and fulfill any remaining obligations as outlined in this agreement.
We value our collaboration with you and hope to create an outstanding website that meets your expectations. However, if any issues arise, each party should inform the other party in writing, so we can work together to resolve them within 10 business days. If the issue remains unresolved, we may terminate the project. We aim to part ways amicably.
In the event of termination, if you have paid the full amount upfront, we will refund 30% of the total project price. For Clients paying in installments, you will be responsible for payment of work completed until providing notice. We'll keep the balance of what you’ve paid and any non-refundable initial payments specified in our agreement.
If our agreement ends for any reason, we'll need to pause our work together. If there are any outstanding payments for work completed up to that point, we require that you settle these payments as soon as possible. Once we receive full payment, we'll provide you with any completed work or work in progress within 10 business days of receiving full payment. The Client will have the right to use the delivered work according to the terms of this agreement.
Even after our agreement ends, both parties will uphold all rights discussed in this agreement.

D. Website Maintenance and Updates

Please be aware that we cannot guarantee the security of your website and are not liable for any breaches, errors, or downtime. Therefore, you must take precautions to protect your website, such as regular backups and security measures.
Unless you sign up for our maintenance plan, you will be responsible for maintaining, securing, and updating your website.
We strongly recommend that you back up your website weekly or monthly and keep the website secure to prevent unauthorized access, data breaches, and loss. In addition, we recommend using strong passwords and robust security processes, such as two-factor authentication, whenever possible.

E. Attribution and Promotion

We believe it takes a village to create a powerful website. To showcase the team that worked on the project, and to show your thanks to anyone who has been a strong supporter of you - we add a visible and legible hyperlink on your website's footer in at least 12px or .8rem size font, that says "website credits" stating that the website was designed by Turnquist House and linked to our website at turnquisthouse.com. We also add on any copywriters, photographers, coaches, marketing teams, or team members if you want. A favorite one... a client added their sweet pups on it!
If the Client removes this website footer, the Client will inform us via e-mail and pay a $1000 fee for the loss of marketing opportunities.
We are thrilled to work with you on this project, and we're confident your website will be exceptional. We may showcase your website as an example of our work in our marketing materials and may enter our work for you in competitions or media submissions. We may include your company name and a description of our work. If you want to remain confidential, please let us know.

General Legal Provisions

A. Intellectual Property

We take intellectual property laws seriously and promise that everything we create for you will fully comply with U.S. intellectual property laws.
We will own the copyright to any template designs we make as a result of this Agreement. We also reserve the right to use your website design as a template for future projects.
Once you've fully paid, you will own all intellectual property rights to your website, except any third-party elements we may have used, such as fonts, images, or software.
You may use the website for your own business purposes, but you may not resell the website as a website template.
We require that you ensure that any information, images, fonts, graphics, logos, or other marketing collateral you provide us to include on the website do not violate copyright laws. By doing so, you'll be helping us create a website that is fully compliant with intellectual property laws.

B. Working with other clients

C. Mediation & Arbitration

In the rare event of a disagreement between the parties regarding this Agreement or its implementation, we'll work it out by talking it through in good faith through negotiation. If we can’t reach an agreement within 30 days of starting discussions, we'll turn to mediation to help settle the dispute.
If mediation isn't practical or doesn't work, we'll agree to binding arbitration according to the American Arbitration Association rules. The arbitration will occur in Berea, Kentucky and be overseen by a single arbitrator. Each party will be responsible for its costs and expenses related to the arbitration, including attorney's fees. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

D. Confidentiality

E. Data Protection

We prioritize your security and place the utmost importance on preserving the integrity of the information you provide us, including but not limited to your passwords, usernames, financial details, project data, and customer identities. Nevertheless, it's crucial to acknowledge the inherent risks associated with electronic data transmission. The transmission of such data is conducted at your own discretion and risk.
We assure you that we'll employ all reasonable measures to safeguard any property you entrust to us. However, we cannot provide an absolute guarantee against unauthorized use, loss, damage, or destruction of data or property by third parties, but we promise to do everything within our means to minimize this risk.
In circumstances where aspects of the project necessitate expertise that falls outside our team's realm, we may need to share pertinent information provided by the Client with subcontractors equipped with the necessary skills and experience to successfully fulfill the project's requirements.
The Designer commits to implementing reasonable measures to ensure that any subcontractors we collaborate with maintain the same stringent confidentiality and data protection standards upheld by our team. We will limit the information shared with them to what is strictly necessary for completing their designated tasks, and we will retain overarching responsibility for the project.
Despite these precautions, it is important to note that the Designer and its team members, including any third-party subcontractors, will not be held liable for any data or security breaches related to our work or any third-party products used during the development and maintenance of the website. We value the trust and confidence our clients place in us and promise to do everything within our power to protect their sensitive information.

F. Website Expectations (Limitation of Liability)

While we hope everything runs smoothly with your website, it's important to note that the Designer cannot be held responsible for any damages or losses, including direct, indirect, special, incidental, or consequential damages, that may result from your use or inability to use the website or any related services.
While the Designer will provide the best website design and development services possible, it is important to note that the Designer cannot guarantee any specific business outcomes, such as an increase in revenue or profit, or that the website will rank on Google or any other search engine.
In no event shall the Designer be liable to Client for any damages, losses, or expenses, including loss of profits, loss of business opportunities, or other consequential damages, that may result from the website's performance on search engines or any specific business outcomes.
We want to ensure that your website is useable, regardless of their device or browser. We'll make a reasonable effort to ensure your website looks good on mobile devices and browsers. However, we cannot guarantee that everything will look perfect on every device or browser, as some design elements may display differently across devices and browsers.
We want your website to be as perfect as possible, but there is always a risk of unforeseeable issues. In the unlikely event that something goes wrong, the Designer, its directors, officers, employees, agents, or affiliates cannot be held responsible for any damages or losses, including direct, indirect, special, incidental, punitive, or consequential damages that may occur due to data or security breaches of our product or third-party products or the use or inability to use our services or work product. We will do everything we can to ensure the website works correctly, but we cannot guarantee it. If something goes wrong, your maximum remedy and our maximum liability to you will be limited to the total price of this Agreement.

G. Accessibility

We understand that accessibility is a critical issue, and we encourage all our clients to ensure their websites comply with accessibility laws and regulations. It's ultimately the client's responsibility to ensure the accessibility of their website and to address any accessibility concerns. We are not responsible for making your website fully accessible and cannot guarantee that it will comply with all accessibility laws and regulations.
In the event that any claims related to accessibility are brought against us, we cannot be held liable for any damages, losses, or expenses that may arise. We encourage our clients to seek legal advice regarding accessibility laws and regulations to ensure that their websites comply with all applicable requirements.

H. Understanding Unforeseen Circumstances (Force Majeure)

Sometimes, unexpected events beyond our control can impact our ability to fulfill our commitments. A "Force Majeure Event" refers to any unforeseeable and uncontrollable event, such as natural disasters, medical emergencies, FMLA leave, pandemics, war, civil unrest, or other extraordinary circumstances that prevent us from performing our obligations under this agreement.
If either party becomes aware of a Force Majeure Event that affects our ability to carry out our responsibilities, the party will notify the other party promptly in writing. The moving party will include details about the nature of the event, its estimated duration, and how it might impact our work.
Upon notification, our obligations under this agreement will be paused for the duration of the Force Majeure Event. Each party will do its best to minimize the effects and get back on track as soon as possible.
If the Force Majeure Event continues for more than 30 days, either party can propose rescheduling the project or adjusting the agreement to accommodate the new circumstances. If we can't reach an agreement within 10 days of the proposal, either party may choose to end our agreement without liability. However, any payments for work completed up to the termination date are non-refundable.
Neither party will be held responsible for delays, failures, or inability to perform our obligations under this agreement due to a Force Majeure Event.

I. Protecting Each Other (Mutual Indemnification)

Indemnification is a way to protect each other if something goes wrong. It means that if one of us makes a mistake, breaks the agreement, or does something that leads to a problem, the one at fault will take responsibility and cover any costs or damages that might result to the other party.
Each party is responsible for their actions, and we agree to look out for each other. Accordingly, each party (the "Indemnifying Party") shall indemnify, defend, and hold harmless the other party (the "Indemnified Party") from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to the Indemnifying Party's negligence, willful misconduct, or breach of this agreement.
If either party (the "Indemnified Party") becomes aware of a claim or potential claim for which we might seek indemnification, the Indemnified Party will promptly notify the other party (the "Indemnifying Party") in writing. We'll share the details, including the nature of the claim and any relevant documentation.
To help resolve any claim, the Indemnified Party agrees to cooperate with the Indemnifying Party and provide any necessary information or assistance reasonably requested.
The Indemnifying Party will have the right to manage the defense and settlement of any claim, including selecting legal counsel and negotiating settlements. However, the Indemnifying Party must keep the Indemnified Party informed and obtain their consent for any settlement that could impact their rights or obligations. The Indemnified Party can also participate in the defense at its own expense.
Neither party will be responsible for indirect, incidental, consequential, special, or exemplary damages in connection with this agreement, even if the other party has been advised of the possibility of such damages.

J. Choosing Our Legal Compass (Governing Law and Jurisdiction)

Legal matters can be intimidating. Still, it's essential to clearly understand which laws will apply to our agreement and where any legal disputes would be handled, just in case we ever need to navigate any legal questions.
In the spirit of friendly cooperation, we agree that any disputes or legal issues arising from or related to this agreement will be governed by the laws of the State of Kentucky, regardless of where we're both located. Additionally, we agree that the jurisdiction for resolving such disputes will be the state courts of Kentucky or the federal courts in the Kentucky.

K. Representations

L. Entire Agreement

This is the whole Agreement between the parties, replacing any earlier discussions. Any additional changes to this Agreement during the project will be in writing. This Agreement is legal and binding.
If a court determines that any part of this Agreement is unenforceable, we agree to work together to find a mutually acceptable solution. The rest of the Agreement will remain in effect and will not be affected by the unenforceable provision.

Booking design days for January and projects for Q1 with Jan 15 + February 1 start dates.