Terms and Conditions

Last updated: 19 August 2026

These Terms and Conditions ("Terms") govern your use of americanwebguild.com (the "Site") and any services you purchase from American Web Guild ("we," "us," "our"). By using the Site or engaging us, you agree to these Terms.

1. Definitions

• "Services" — web design, web development, branding, visual and motion production, consulting, SEO, maintenance and any other work we agree to perform.
• "Client," "you" — the individual or business engaging us.
• "Deliverables" — the files, designs, code, copy and assets we produce for you.
• "Proposal" — the quote, scope document, statement of work or package description setting out what we will deliver, the price, and the timeline.

2. Use of the Site

You may use the Site for lawful purposes only. You may not:

• Copy, scrape, republish or resell Site content without written permission
• Attempt to gain unauthorised access to the Site or its systems
• Introduce malicious code or interfere with the Site's operation
• Use the Site in a way that breaches any applicable law

We may suspend or restrict access to the Site at any time without notice.

3. Quotes, packages and formation of contract

Prices shown on the Site are indicative and apply to the package described. A binding contract forms when you accept a written Proposal and pay the required deposit.

Quotes are valid for 30 days unless stated otherwise. Where the Proposal and these Terms conflict, the Proposal governs for that project.

4. Payment

• A deposit of 50% is payable before work begins. The balance is due before launch or on delivery of final files, whichever comes first.
• Ongoing services (maintenance, care plans, retainers) are billed monthly in advance.
• Prices are exclusive of applicable taxes unless stated.
• Invoices are due within 7 days of issue.
• Late payments may incur interest at 1.5% per month or the maximum permitted by law, and we may suspend work and withhold Deliverables until the account is settled.
• Third-party costs (domains, hosting, stock assets, licences, plugins, fonts) are additional unless expressly included in the Proposal.

5. Scope, revisions and changes

The Proposal defines the scope. Anything outside it is a change request.

• Each project includes two rounds of revisions. Additional revisions are billed at our then-current hourly rate.
• A "revision" means refinement of work already delivered. A change of direction, added pages, added features, or a new brief is new work and will be quoted separately.
• We will confirm any additional cost or timeline impact in writing before proceeding.

6. Timelines and your responsibilities

Timelines stated in a Proposal assume you provide what we need, when we need it. You agree to:

• Supply content, images, logins, brand assets and approvals promptly
• Nominate a single point of contact authorised to approve work
• Respond to requests for feedback or approval within 5 business days

Delays caused by late content, late feedback or unavailability of your team extend our deadlines by at least the length of the delay, and any delivery guarantee is void for that period. If a project stalls on your side for more than 30 days, we may invoice for work completed to date and re-schedule the remainder subject to availability.

7. Guarantees

Where we publish or agree a guarantee, it applies on these terms:

• Design approval — where offered, you may review an initial design concept before paying the balance. If you do not approve it, you may cancel and your deposit will be refunded in accordance with the Proposal, and neither party has further obligation.
• Delivery date — where we commit to a launch date in writing, that commitment is subject to Section 6. Delays caused by you, by third parties, or by force majeure do not trigger it.
• Performance guarantees — any performance-based guarantee applies only where we control the variables involved, and only where the metric, measurement method and period are defined in writing before work begins.
• Search rankings — we do not and cannot guarantee any specific search engine ranking, traffic volume, revenue or business outcome. Search engines and advertising platforms are third parties whose behaviour we do not control.

8. Refunds and cancellation

• You may cancel at any time by written notice. You remain liable for all work completed up to the cancellation date.
• Deposits become non-refundable once design or development work has begun, except where a published guarantee expressly provides otherwise.
• Refund requests must be made in writing within 14 days of the relevant delivery.
• Ongoing services may be cancelled with 30 days' written notice. Fees already paid for the current period are not refundable.
• We may terminate an engagement for non-payment, abusive conduct, or if the work would require us to break the law or infringe a third party's rights.

9. Intellectual property

Your materials. You retain ownership of all content, logos, images and data you supply. You confirm you have the right to use them and to let us use them for the project.

Deliverables. On receipt of full payment, we assign to you ownership of the final Deliverables produced specifically for you, including design files and custom code, unless the Proposal states otherwise.

What we keep. We retain ownership of our pre-existing tools, frameworks, components, libraries, methodologies and know-how, including anything developed before or outside your project. Where these are embedded in your Deliverables, we grant you a perpetual, non-exclusive, worldwide licence to use them as part of the Deliverables.

Third-party assets. Fonts, stock images, plugins, themes and software remain the property of their licensors and are licensed to you on their own terms. You are responsible for maintaining those licences after handover.

Unused concepts. Designs, drafts and concepts not selected remain ours.

Portfolio rights. Unless you tell us otherwise in writing, we may display the work in our portfolio, case studies, social media and marketing, and describe our role in it. We will not publish confidential business information or metrics without your consent.

10. Hosting, third-party services and maintenance

• Unless the Proposal includes hosting, you are responsible for hosting, domains, SSL certificates and their renewal.
• We are not responsible for outages, data loss, price changes or discontinuation of third-party platforms, plugins or services.
• Websites need ongoing updates. Unless you purchase a maintenance plan, we are not responsible for security patches, plugin updates, backups or compatibility issues after handover.
• We are not liable for problems arising from changes made by you or a third party after we deliver.

11. Confidentiality

Each party will keep the other's confidential information private and use it only to perform or receive the Services. This does not apply to information that is public, independently developed, or required to be disclosed by law. This obligation survives termination.

12. Warranties and disclaimers

We will perform the Services with reasonable skill and care, in a professional manner, by suitably qualified people.

We will correct genuine defects in our work reported within 30 days of delivery at no charge. This does not cover new features, changes of mind, or issues caused by third-party updates or by modifications made by others.

Otherwise, the Site and the Services are provided "as is". To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, uninterrupted availability and error-free operation.

13. Limitation of liability

To the fullest extent permitted by law:

• Our total aggregate liability arising out of or in connection with the Services is limited to the total fees you have paid us for the engagement in question.
• We are not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, business, goodwill, data or anticipated savings.
• Nothing in these Terms excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

14. Indemnity

You agree to indemnify us against claims, damages and costs arising from content or materials you supply, from your use of the Deliverables after handover, or from your breach of these Terms.

15. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disaster, war, civil unrest, epidemic, strike, power or internet failure, or the failure of a third-party platform.

16. Non-solicitation

During an engagement and for 12 months afterwards, you agree not to directly solicit or employ any of our staff or contractors involved in your project without our written consent.

17. General

• Independent contractor. We act as an independent contractor. Nothing here creates an employment, partnership, joint venture or agency relationship.
• Assignment. You may not assign these Terms without our written consent. We may assign them to a successor.
• Entire agreement. These Terms plus the accepted Proposal are the whole agreement between us and replace all prior discussions.
• Severability. If any provision is held unenforceable, the rest remains in force.
• Waiver. Failure to enforce a provision is not a waiver of it.
• Notices. Written notice may be given by email to the addresses used for the engagement.
• Changes. We may update these Terms. The version in force when you accepted your Proposal governs that engagement. Continued use of the Site means you accept the current version.

18. Governing law and disputes

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law rules. The courts of California have exclusive jurisdiction.

Before starting proceedings, the parties agree to attempt to resolve any dispute in good faith, in writing, within 30 days.

19. Contact

American Web Guild

2108 N St Ste N, Sacramento, CA 95816, USA

info@americanwebguild.com

(916) 900-1140