Client Terms

Last updated October 20, 2026

Forge Built Design is a trade name of Eastfield LLC, a Kansas limited liability company based in Derby, Kansas. Legal notices: [email protected].

These Client Terms (“Terms”) govern standard Launch (website design/build) Orders placed through Stripe Checkout or an Order Summary that links to these Terms. Launch is offered in two plans, Essential and Standard, as shown in Checkout / Order Summary. Launch is sold together with Care (see §9 and the Care Terms). By checking the acceptance box and completing Checkout (a payment, or for Essential Orders the $0 card-save step in §3.1), you (“Client”) agree to these Terms and, for the Care package commitment, the Care Terms. “Client’s business” means the business or organization named in the Order, for example a company, sole proprietor, nonprofit, church or school.

1. Parties and brand

Agency operates publicly as Forge Built Design. Legal contracting party is Eastfield LLC d/b/a Forge Built Design.

Footer copyright and Order Summary naming use Eastfield LLC d/b/a Forge Built Design.

2. What Launch includes

Unless the Order Summary / Checkout says otherwise, Launch is a one-time website design/build engagement sold as part of the standard Launch + Care package. Deliverables are provided for Client review on Agency-controlled staging (a subdomain or path on forgebuiltdesign.com, or another Agency-hosted URL Agency designates).

Standard Launch scope:

Design and build of a marketing website for Client’s business as described in the Order Summary / discovery notes
Page count as listed for Client’s plan in the Order Summary / Checkout (additional pages are Order Summary / Checkout add-ons)
Two (2) consolidated revision rounds before go-live (one round = one batch of Client feedback on the then-current staging preview). Extra revision rounds are Order Summary / Checkout add-ons
Staging for Client review under the feedback / reject / ghost rules in §4–§5
Hand-off of the custom site deliverables after full payment of Launch fees (see §5–§7), and for Essential Orders only after the Essential Minimum Care Period in §3.4, with Care beginning at go-live under the Care Terms (see §9)

Not included unless pre-approved in writing or listed in Checkout:

Client domain purchase, transfer, or DNS work before full payment of Launch fees (see §6)
Premium plugins, stock media, advertising spend, or other third-party fees (see §8)
SEO campaigns, paid ads management, or content writing beyond what is stated in the Order Summary / Care Terms
Extra pages or revision rounds beyond the plan / caps above

Fees and any add-ons are as stated in Checkout / Order Summary.

3. Fees and payment schedule

Fees for each Order are as stated in the applicable Stripe Checkout session / Order Summary. Working list prices may change; Checkout controls for that Order. Each Order is for one Launch plan, Essential or Standard, as shown in Checkout / Order Summary.

Milestone	Amount	When due
Sign-up	$0 charged. Client saves a payment card through Stripe Checkout (the “card-save step”). The clickwrap accepts Client Terms + Care Terms as the package commitment.	At sign-up, to start work
Approval	The Local Search Setup fee plus the first month or first year of Care (as Client chose in Checkout), plus any add-ons shown in Checkout / Order Summary	Charged to the saved card on Approval (§4.2), after the site is complete and approved; Care then starts at go-live

Authorization to charge (separate consent). The card-save step shows, next to its checkboxes, the amount and timing of the first charge, the Care price and how often it renews, that Care renews until canceled, and how to cancel. It asks for Client’s agreement to these Terms and, in a separate unchecked checkbox, Client’s express consent to store the card and charge it. By giving that consent, Client authorizes Agency, through Stripe, to charge the saved card without a further Checkout: (a) once, on Approval, for the amounts the Checkout / Order Summary shows as due at Approval; and (b) after that, automatically for Care renewals (monthly or yearly, as chosen) until Client cancels under the Care Terms. Agency will not use the saved card for anything else without Client’s separate approval. Agency will send Client written notice of the amount at the time of the Approval charge. Nothing is charged at sign-up. The Local Search Setup fee is charged only at Approval, together with the first Care charge, after the site is complete and approved. If Approval never occurs, the saved card is not charged for that Order. Care Terms §6.4 covers confirmations, receipts, renewal reminders, price-change notice and online cancellation.

Card problems. If the Approval charge fails, Agency will notify Client in writing. Client may update the card, or pay through a Checkout link Agency sends. Until the amounts due at Approval are paid, Agency may withhold handoff, domain work, production go-live, and Care start. If they remain unpaid ten (10) business days after that notice, Agency may pause the Order under §5.6.

3.2 Standard: 50% deposit / 50% balance (Launch + Care package)

Milestone	Amount	When due
Deposit	50% of Launch (build) fees	Upfront via Stripe Checkout to start work (clickwrap accepts Client Terms + Care Terms as the package commitment)
Balance	Remaining 50% of Launch fees plus first month or first year of Care (Client picks monthly or yearly at Checkout)	Due on completion / Client approval (see §4–§5); Care then starts at go-live

Local Search Setup (Standard). Standard Orders, including promotional Standard Orders under §17, include Local Search Setup at no extra charge. On Essential Orders, the Local Search Setup fee is charged at Approval (§3.1).

3.3 “Paid in full”

Where these Terms or the Care Terms refer to Launch being paid in full or to full payment of Launch fees (including §2, §6 and §7): for Standard Orders, that means the deposit and balance (and any add-on fees shown in Checkout) are paid. For Essential Orders, which have no build fee, it means Approval has occurred and all amounts due at Approval under §3.1 have been paid. But for Essential Orders, hand-off of the custom site files (§2) and assignment of the custom site deliverables (§7.2) also require the Essential Minimum Care Period in §3.4.

3.4 ESSENTIAL MINIMUM CARE PERIOD FOR SITE HANDOFF (PLEASE READ)

Essential has no build fee. In exchange, Agency hands over the custom site build only after twelve (12) months of paid Care. You may cancel Care at any time with no cancellation fee. If you cancel before twelve paid months, your site goes offline and you do not get the site build unless you choose to pay the optional buyout below. If we end Care for our own reasons, you get the site build with no buyout (see (f)).

(a) The period. The “Essential Minimum Care Period” is twelve (12) months of paid Care for that site, counted from go-live. Each paid monthly Care period counts as one month. A yearly Care payment counts as all twelve (12) months at go-live, because from go-live it is non-refundable (Care Terms §6.2). If Care for the same site is canceled and later restarted, paid months add up.

(b) No commitment to keep paying; no early-termination fee. The Minimum Care Period is not a promise to pay for twelve months. Monthly Care can still be canceled at the end of any paid month (Care Terms §6.1), and no fee is charged for canceling.

(c) Before the period is met. Agency owns the custom site build (page layouts, code, theme and design files created for the Order) and licenses it to Client for Client’s business website only while Care is active and paid. If Care ends before the period is met because Client cancels, or because Care ends for Client’s non-payment, abuse, illegal content or material breach (Care Terms §6.5(a)):

the site may be taken offline under Care Terms §6.3;
Client still receives the export of Client Materials and the site’s text and images (Care Terms §6.3), keeps its domain (Care Terms §3.4), and keeps any paid logo add-on files (§7.5);
Client does not receive the custom site build or any assignment of it, unless Client pays the buyout in (d).

(d) Optional buyout. In the cases in (c), before Care ends or within fourteen (14) days after it ends, Client may choose to pay a one-time buyout equal to the Essential monthly Care price in effect on the date Care ends, multiplied by the number of months still needed to reach twelve (12) paid months. The buyout can never be more than eleven (11) months of Care, because at least one month is paid at Approval. At the 2026-10-20 price ($99 a month), the buyout is $99 × the months remaining, up to $1,089. When the buyout is paid, the Minimum Care Period is treated as met. The buyout is optional; Agency will not charge it unless Client asks for it in writing.

(e) When the period is met (or the buyout is paid), the custom site deliverables are assigned to Client under §7.2. Agency will provide the site files on Client’s written request within ten (10) business days, whether Care continues or not.

(f) If Agency ends Care for its own reasons. If Agency ends Care for its own reasons under Care Terms §6.5(b) (not for Client’s non-payment, abuse, illegal content or material breach) before the period is met, the rest of the Essential Minimum Care Period is waived and no buyout is due. The custom site deliverables are assigned to Client under §7.2 on the day Care ends, and Agency provides the site files within ten (10) business days after that day (or sooner on request). Client also receives the export in Care Terms §6.3, keeps its domain (Care Terms §3.4) and keeps any paid logo files (§7.5). For yearly Care, the refund of unused full months in Care Terms §6.5(b) applies as well. If this happens before go-live, the Launch rules in these Terms apply instead and any Care already charged is refunded in full.

Payment is processed by Stripe. Agency does not store full card numbers. Chargebacks filed in bad faith may be treated as a material breach.

Promotional and call-only Orders: these follow §17. If the Order Summary for such an Order sets a different payment schedule, that schedule replaces the §3.1 or §3.2 schedule for that Order only.

4. Staging, review, and “approval”

4.1 Staging deliverable

Agency will give Client a Readiness Notice when a reviewable staging deliverable is ready. Staging lives only on Agency-controlled infrastructure until Launch is paid in full.

Updated previews: If Agency later sends an updated staging preview after Client feedback (within the included revision rounds or any paid extra rounds), that updated preview also counts as a Readiness Notice and starts a new Review Window under §5.1.

Written notice under these Terms (including Readiness Notice, reject/ghost reminders, and Care ops notices) means notice by email and/or SMS to the contact on file from Checkout / Order, and by portal notice if Agency maintains a client portal. Email or SMS is effective on send if no bounce / undeliverable signal; portal notice is effective when posted.

4.2 Approval

“Approval” means any of the following:

Client’s written “yes” / acceptance of the staging deliverable; or
Client’s payment of the amounts due at Approval as shown in Checkout (Standard: the Launch balance and first Care period; Essential: the first Care period, Local Search Setup fee and any add-ons) via Stripe Checkout (or other method Agency accepts); or
Client’s other clear written acceptance of the work as final for handoff.

For Essential Orders, Approval under item 1 or item 3 triggers the saved-card charge authorized in §3.1.

4.3 Feedback vs. rejection

During the review window (§5), Client may request reasonable revisions within Launch scope (subject to the two consolidated revision rounds in §2), or may reject under the refund rules in §5. Silence is not feedback; see ghosting rules in §5.3.

5. Review, refunds, and ghosting — reject vs. ghost (crystal clear)

Which rules apply: §5.1 (Review Window) applies to all Orders. §5.2–§5.5 apply to Standard Orders, which have a deposit (including promotional Standard Orders that have a deposit). Essential Orders have no deposit and follow §5.1 and §5.6. Prepaid Care Orders follow §17.2.

Deposit purpose (Standard): The deposit compensates Agency for design/build work delivered on Agency staging. It is refundable only under §5.2. It is not a free trial of unlimited work.

5.1 Review window

Client has ten (10) business days after a Readiness Notice (the “Review Window”) to:

Approve (Standard: and pay the balance + first Care period as shown in Checkout; Essential: Approval triggers the saved-card charge under §3.1); or
Provide written feedback within scope; or
Provide written rejection (Standard: and request a deposit refund under §5.2; Essential: see §5.6).

Fresh window on updated preview: When Agency sends an updated staging preview after Client feedback, that updated preview counts as a new Readiness Notice. A new Review Window of ten (10) business days begins from that new Readiness Notice. Earlier Review Windows for prior previews end when the new one starts.

Revision rounds unchanged: The two (2) included consolidated revision rounds in §2 still apply. A new Review Window does not add extra revision rounds. Extra rounds remain Order Summary / Checkout add-ons.

Business day = Monday–Friday, excluding U.S. federal holidays, America/Chicago.

5.2 Reject → refundable deposit

If, within the Review Window, Client gives written notice of rejection (does not approve) and requests a refund of the unused deposit, Agency will refund the full deposit (less any non-refundable pass-throughs Client already authorized in writing, if any) within a commercially reasonable time after Stripe processing.

Stripe processing fees: Agency’s intent is a full deposit refund on timely reject. Stripe processing fees may reduce the net amount Client receives if Stripe does not reverse those fees to Agency.

What “unused deposit” means here: For Standard Orders, the full deposit is treated as refundable on timely written rejection under this §5.2, because the commercial lock is “unhappy / does not approve.” Agency may still archive/take down staging after refund. No Care fees are due if Client timely rejects before balance/Care payment.

5.3 Ghost → deposit NON-refundable

Ghosting is measured from the latest Review Window (the Review Window that started with the most recent Readiness Notice / updated staging preview under §5.1).

If Client does not give written approval, written rejection, or substantive written feedback within that latest Review Window, Agency will send one written reminder (email and/or SMS to the contact on file, plus portal notice if any). If Client still gives no written response within five (5) additional business days after that reminder, Client is deemed to have ghosted.

On ghosting:

The deposit is NON-refundable as liquidated compensation for work performed (not a penalty; a reasonable pre-estimate of Agency’s design/build effort and staging costs).
Agency may archive and/or take down the staging site.
Agency has no duty to continue work, buy a domain, or transfer files until the balance is paid and Approval occurs.
If Client later wants to resume, fees may be re-quoted.

5.4 Balance payment

The Launch balance and first Care period (month or year, as Client selected in Checkout) are due on Approval. If Client Approves but does not pay when due, Agency may withhold handoff, domain work, production go-live, and Care start until paid. Deposit already paid remains subject to §5 (reject vs. ghost timing already elapsed as applicable).

5.5 After full payment

Once Launch is paid in full and handoff / go-live occurs, Launch fees are non-refundable except as required by law or as Agency agrees in writing. Care fees follow the Care Terms (including monthly cancel and yearly cool-off rules).

5.6 Essential Orders — no deposit; same timeline, no money

Essential Orders have no deposit, and nothing is charged before Approval. The Review Window in §5.1 applies the same way, including the fresh window on each updated preview and the two (2) included consolidated revision rounds in §2.

Reject. If, within the Review Window, Client gives written notice of rejection, the Order ends. Nothing is charged and nothing is refunded. Agency will not charge the saved card for that Order, may archive and/or take down the staging site, and will remove the saved card from Agency’s Stripe account within ten (10) business days.

Ghost → pause. Ghosting is measured from the latest Review Window, as in §5.3. If Client does not give written approval, written rejection, or substantive written feedback within that Review Window, Agency will send one written reminder. If Client still gives no written response within five (5) additional business days after that reminder, the Order is paused. If the reminder goes out when the Review Window ends, the pause falls 15 business days after the latest Readiness Notice. On pause:

nothing is charged and nothing is refunded, and the saved card is not charged for that Order;
Agency may archive and/or take down the staging site;
Agency has no duty to continue work, buy a domain, or transfer files.

Resume. If Client responds after a pause, Agency may (but need not) resume. Agency may require a new card-save step, and the Essential terms and prices then in effect will apply.

No deliverables without Approval. Without Approval and payment of the amounts due at Approval, Client receives no site files, no logo files, and no assignment of rights.

6. Domain and hosting until paid in full

Clear rule: Agency does not buy, register, transfer, or point Client’s production domain until Launch is paid in full.

Until then, the site lives only on Agency-controlled staging. Client may buy their own domain at any time; Agency will not configure production DNS for Client’s domain before full payment unless the Order Summary expressly says otherwise and fees are paid.

After Launch is paid in full:

Agency may register a new domain for Client via Cloudflare Registrar at cost, with Client as owner (registrant), for allowed endings .com / .net / .org / .us / .co, as described in the Care Terms.
While Care is active and paid, renewal for those Agency-registered domains is handled under the Care Terms (Agency pays from Care up to $20/year; Client pays any overage).
When Care ends, Agency hands the domain to Client and stops paying renewals; Client becomes solely responsible (Care Terms).
Domains Client already owns stay on Client’s registrar; Client keeps paying those renewals; Agency tends DNS once live as Care includes.

To put the site live on a domain Client already owns, Client points the domain’s nameservers to Agency’s Cloudflare account, or lets Agency do it with access Client gives. If Client would rather keep its DNS where it is, Agency gives Client the DNS records to add there instead, and Client adds them and keeps them in place. Agency then doesn’t hold those records: changes made there are Client’s responsibility, and the 30-day hand-back below covers only records in Agency’s account. Client keeps the domain, its registrar account and its renewals. While Care is active, Agency keeps the domain’s DNS records there: the records for the site, and records Client asks for, such as those for business email. Client may ask for a copy of its DNS records at any time.

When Care ends for any reason, Agency keeps every domain’s DNS records in its account unchanged for thirty (30) days, so Client’s email and other services keep working (the site itself may go offline under Care Terms §6.3). With the notice that Care is ending, Agency sends Client a copy of the records and the steps to move them. Client must point the domain’s nameservers to another DNS host within those 30 days; after that, Agency may remove the domain and its records from its account. A domain Agency registered is handed over under Care Terms §3.4.

If Client asks, Agency transfers a domain Client already owns to Cloudflare Registrar, with Client staying the owner (registrant), for the same endings as above. The transfer is billed at cost (it usually adds a year to the registration). After that, the domain is treated like a domain Agency registered: Care pays renewals up to $20 a year, Client pays any overage, and the domain is handed to Client when Care ends (Care Terms §3.2 and §3.4).

Initial registration “at cost” and any renewal overage are billed as Checkout / invoice states. This section does not hardcode Launch or Care plan fees.

After go-live, hosting while Care is active is governed by the Care Terms. If Care ends, hosting/DNS rules in the Care Terms apply (Agency may stop hosting / take the site offline after written notice; Client is responsible for their own hosting/DNS unless a new Care Order starts).

7. Intellectual property

7.1 Client content

Client retains ownership of content, logos, photos, and materials Client provides (“Client Materials”). Client grants Agency a license to use Client Materials solely to perform the Order. When the Order includes Google Profile Care or Get Found, that includes publishing Client Materials (such as photos, the logo and business details) on Client’s Google Business Profile and on the other business listings Agency sets up or looks after for Client, and letting Google and those platforms use them as their own terms require for content posted there. Before publishing a photo, Agency removes the location details stored in it.

7.2 Assignment on full payment

Upon full payment of Launch fees for that Order, Agency assigns to Client ownership of the custom site deliverables created specifically for Client under that Order (unique page layouts/content combinations as delivered), excluding Agency IP below. For Essential Orders, this assignment happens only when the Essential Minimum Care Period in §3.4 is met, the optional buyout is paid, or the period is waived under §3.4(f) because Agency ended Care for its own reasons. Until then, the custom site deliverables are licensed to Client only while Care is active and paid. Logo add-ons (if any) are assigned only as described in §7.5, and only when the logo add-on fee shown in Checkout is also paid in full.

7.3 Agency retains

Agency retains all rights in: tools, frameworks, templates, snippets, know-how, staging tooling, and pre-existing materials (“Agency IP”). Agency grants Client a non-exclusive license to use Agency IP as embodied in the delivered site for Client’s business website.

7.4 Portfolio

Agency may show the finished work in its portfolio/case studies only with Client’s prior permission (email OK). There is no silent auto-portfolio. Client will not unreasonably withhold permission for non-confidential marketing sites.

7.5 Logo add-ons (AI-assisted)

If Checkout includes a new logo or logo cleanup add-on, this §7.5 applies. Fees are as stated in Checkout / Order Summary (not hardcoded here). For Essential Orders, “full payment of Launch fees” in this §7.5 means Approval has occurred and the amounts due at Approval are paid (§3.3). The Essential Minimum Care Period in §3.4 does not apply to logo add-ons; a paid or promotional (§17.3) logo is delivered and assigned at that point.

7.5.1 New logo add-on

Agency produces the logo using an AI image tool (for example ChatGPT) and then does vector cleanup by Agency.
Scope included (unless Checkout says otherwise): one idea sheet, one pick, one round of small changes, and a file pack after full payment, including files for vehicle decals and shirts.
On full payment of Launch fees and the logo add-on fee shown in Checkout, Agency assigns to Client whatever rights Agency has in the delivered logo files.
Agency makes no promise of copyright registration, trademark registrability, or uniqueness. Client may run their own trademark search and obtain their own counsel.
If Client timely rejects the site (Standard: with a deposit refund under §5.2; Essential: under §5.6), or an Essential Order is paused under §5.6: no logo file delivery and no assignment of logo rights.

7.5.2 Logo cleanup add-on

Agency redraws Client’s own logo (vector cleanup / redraw as described in Checkout).
Same rights posture as §7.5.1: on full payment of Launch fees and the logo cleanup add-on fee, Agency assigns whatever rights Agency has in the delivered files; no registrability / uniqueness promise.
Files are delivered after full payment (§3.3). If Client timely rejects (Standard: with a deposit refund under §5.2; Essential: under §5.6), or an Essential Order is paused under §5.6: not delivered; no assignment of logo rights.

7.5.3 Relationship to other IP sections

Client Materials under §7.1 (including a logo Client already owns and provides) remain Client’s. Agency IP under §7.3 is unchanged. Portfolio rules under §7.4 still require Client’s prior permission.

7.6 Google Business Profile and listings

Client owns its Google Business Profile and stays its owner. For Google Profile Care or Get Found, Client adds Agency as a Manager; Agency never needs Client’s password. Agency posts and replies to reviews in Client’s name and within Google’s rules. Agency never writes or buys reviews, never offers anything in return for a review, and never asks only happy customers for one. Listings Agency sets up on other platforms for Get Found are made for Client’s business, with Client as the owner where the platform allows.

Posts, photos and review replies published there are public. They stay on Client’s profile and listings after the service ends; Client can edit or remove them at any time, and during the service Agency removes one if Client asks. Google and the other platforms decide what they show and may change or remove content (§10).

Agency removes its Manager access, and any other access Client gave it to those listings, when both Google Profile Care and Get Found work have ended, or sooner if Client asks. If Client removes Agency’s access while Google Profile Care is active, Agency can’t post until it’s back; that doesn’t pause or refund Google Profile Care, which Client can remove under Care Terms §2.1(g).

8. Third-party fees and Client warranties

Custom third-party fees (premium plugins, stock, ads, fonts, SaaS) are included only if pre-approved in writing (or listed in Checkout). Otherwise not included; Client pays the vendor or reimburses Agency as a pass-through.

Business email. If Checkout includes the business email add-on, the one-time setup fee shown in Checkout covers setup of up to three (3) mailboxes. Each extra mailbox has the one-time setup fee shown in Checkout. The email service itself is provided by Google under Google’s own terms. Google bills Client directly for Google’s then-current per-user license fee. That fee is not part of Agency’s fees, and Agency does not set, collect, control or refund it.

Client is Google’s customer for business email: Client accepts Google’s terms and enters its own payment details when the account is created, owns the account and its mailboxes, and keeps at least one administrator login of its own. Agency may keep an administrator login to set up and help with email; Client can remove it at any time, and Agency removes it when Client asks or when Care ends. Agency doesn’t read or keep Client’s email. Email isn’t part of Care: ending Care doesn’t end it, and its DNS records follow §6.

Client represents that Client Materials do not infringe others’ rights and that Client has authority to enter these Terms. Client has permission from the people shown in Client Materials, and from a parent or guardian for anyone under 18, to show them on the site and, with Google Profile Care or Get Found, on Client’s Google Business Profile and listings. The site’s forms are for ordinary contact requests. Client won’t use them to collect health, payment-card, bank or government ID details, or student records, unless Agency agrees in writing first. Client will indemnify Agency against claims arising from Client Materials or Client’s misuse of the site.

9. Care is standard (Launch + Care package)

Care (maintenance / hosting / support as described in the Care Terms) is part of the standard package. Every Client buys Launch + Care together.

Care starts at go-live.
The first Care period is charged at Approval. Standard: with the Launch balance payment. Essential: to the card saved at sign-up (§3.1). Prepaid Care Orders: prepaid at Order start (§17.2). Client picks monthly OR yearly at Checkout.
Ongoing Care fees are as stated in Checkout / Order Summary and governed by the Care Terms. Care renews automatically until Client cancels; Client can cancel online at any time (Care Terms §6.1 and §6.4). Monthly Care cancels at the end of the then-current paid month. The yearly 14-day cool-off rules apply, and for Essential the cool-off ends at go-live.
Essential: the custom site build is handed over only after the Essential Minimum Care Period (§3.4: 12 paid months of Care, or the optional buyout). Canceling earlier carries no fee.
The sign-up clickwrap (the Standard deposit Checkout or the Essential card-save step) accepts these Client Terms and the Care Terms as the package commitment, even though the first Care charge occurs later. The Standard balance Checkout also presents Care Terms assent when Care is charged. For Essential, the card-save clickwrap includes Client’s authorization for the Approval charge and Care renewals (§3.1).

Hosting after Care cancel or non-payment is governed by the Care Terms: Agency may stop hosting / take the site offline after written notice; Client receives the existing export window while fees are current; Client is responsible for their own hosting/DNS after Care ends unless a new Care Order starts. Agency does not promise continued free hosting after Care ends.

10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGENCY PROVIDES LAUNCH SERVICES AND DELIVERABLES AS IS, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED AVAILABILITY, OR SPECIFIC SEO/TRAFFIC/REVENUE RESULTS. Agency does not guarantee search rankings, lead volume, or third-party platform uptime.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGENCY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO A PARTICULAR ORDER WILL NOT EXCEED THE FEES CLIENT ACTUALLY PAID TO AGENCY FOR THAT ORDER IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (FOR LAUNCH CLAIMS, THE LAUNCH FEES FOR THAT PROJECT, OR FOR ESSENTIAL ORDERS, WHICH HAVE NO LAUNCH FEE, THE AMOUNTS PAID AT APPROVAL FOR THAT ORDER; CARE CLAIMS FOLLOW THE CARE TERMS CAP). AGENCY IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE/DATA, EVEN IF ADVISED OF THE POSSIBILITY.

Some jurisdictions do not allow certain limitations; those limits apply only to the extent allowed.

12. Termination

Either party may terminate for material breach if uncured within ten (10) business days after written notice (or immediately for non-payment of amounts due). Sections that should survive (IP already assigned, payment, liability limits, indemnity, governing law) survive termination. Deposit/refund rules in §5 still apply based on timing of Readiness Notice and Client response. Care cancel and hosting-after-cancel rules are in the Care Terms. Agency may also end Care for its own reasons under Care Terms §6.5(b), with the refunds stated there and, for Essential Orders, the handoff in §3.4(f).

13. Force majeure (light)

Neither party is liable for delay/failure caused by events beyond reasonable control (outages, acts of God, labor disputes, war, epidemic, government action), for so long as the event continues. Payment obligations for work already delivered are not excused.

14. Privacy and notices

Privacy practices: https://forgebuiltdesign.com/privacy

Legal notices to Agency under these Terms must be sent by email to [email protected] (or such other email Agency designates in writing). A physical mailing address for Agency is available on written request to that email. Notices to Client may be sent by email and/or SMS to the contact information on file (and by any Client portal if used). Email or SMS notice is effective on send if no bounce / undeliverable signal; portal notice is effective when posted.

15. Governing law and venue

These Terms are governed by the laws of the State of Kansas, without regard to conflict-of-law rules. Exclusive venue: state or federal courts sitting in Kansas. Client consents to personal jurisdiction there.

16. Clickwrap; entire agreement; changes

Checking the Checkout acceptance box and completing Checkout (paying, or for Essential Orders completing the $0 card-save step in §3.1) constitutes electronic signature / assent to these Terms and the linked Care Terms for the Launch + Care package. These Terms + Order Summary / Checkout + Care Terms are the entire agreement for that Order and supersede prior informal chats about that Order. Agency may update Terms prospectively; the version linked at Checkout for that Order controls that Order. Government bodies and public schools may order only under a separate written agreement, not through online sign-up.

If a court finds a provision unenforceable, the rest remains. No waiver unless in writing. Client may not assign without Agency consent; Agency may assign to a successor.

17. Promotional and Call-Only Orders

17.1 The Order Summary controls

Agency may offer promotional or call-only terms for an Order, such as a promotional price, a waived or discounted fee, a free or discounted add-on, a prepaid Care term, or a bundle. Any such term applies only as stated in that Order’s Stripe Checkout / Order Summary, which is part of the agreement for that Order. Promotional terms are not website list pricing. If the Order Summary sets a payment schedule that differs from §3, that schedule applies to that Order instead of the §3.1 or §3.2 schedule. Otherwise these Terms and the Care Terms apply unchanged.

17.2 Orders with a prepaid Care term (“Prepaid Care Orders”)

This §17.2 applies when the Order Summary shows that Client pays a term of Care at Order start, before go-live, with or without a Launch build fee.

Care term and purpose. The prepaid Care term starts at go-live, not on the payment date. The Order-start payment compensates Agency for design and build work on staging and reserves the first Care term after go-live. It is refundable only as stated in this §17.2 and in Care Terms §6.2 and §6.5. It is not a free trial of unlimited work.

17.2.1 Review Window

Client has ten (10) business days after each Readiness Notice (the “Review Window”) to approve, give written feedback within scope, or reject in writing. An updated staging preview counts as a new Readiness Notice and starts a new Review Window; earlier windows end when the new one starts. The two (2) included consolidated revision rounds in §2 still apply. Business day = Monday to Friday, excluding U.S. federal holidays, America/Chicago.

17.2.2 Reject → full refund

If Client gives written notice of rejection within the Review Window and asks for a refund, Agency refunds the prepaid Care amount and any Launch build fee paid for that Order, less any non-refundable pass-throughs Client authorized in writing, within a commercially reasonable time after Stripe processing. Stripe processing fees may reduce the net amount if Stripe does not return them to Agency. No further Care fees are due for that Order. Agency may archive or take down staging after the refund.

17.2.3 Ghost → Ghost Retention Amount; refund the rest

Ghosting is measured from the latest Review Window. If Client gives no written approval, rejection or substantive feedback within it, Agency sends one written reminder (email and/or SMS to the contact on file, plus portal notice if any). If Client still gives no written response within five (5) additional business days, Client has ghosted. Then:

Agency keeps the Ghost Retention Amount stated in the Order Summary as liquidated compensation for work performed (not a penalty; a reasonable pre-estimate of Agency’s design and build effort and staging costs);
Agency refunds the rest of what Client paid for that Order, less any authorized non-refundable pass-throughs, within a commercially reasonable time after Stripe processing;
Agency may archive or take down staging, has no duty to continue work, buy a domain or transfer files, and may re-quote fees if Client later wants to resume.

17.2.4 Approval and remaining build

Approval is still required before go-live. If the Order Summary says the Launch build is prepaid in full, $0 remaining build is due at Approval. Otherwise, any remaining build amount shown in the Order Summary is due at Approval. Agency may withhold handoff, domain work, production go-live and Care start until amounts due under that Order are paid.

17.2.5 Cool-off and after go-live

Cool-off: the yearly Care 14-day cool-off (Care Terms §6.2) ends when Agency sends the first Readiness Notice for that Order; after that, §17.2.1 to §17.2.4 control. It does not reopen after go-live.
Client cancels after go-live: the prepaid Care term is non-refundable (except as required by law). Hosting may stop under Care Terms §6.3, no pro-rata Care refund is due, and Agency does not keep hosting a build-only site without Care unless the Order Summary says otherwise.
Agency ends Care for its own reasons (Care Terms §6.5(b)): Agency refunds the unused full months of the prepaid term at one-twelfth (1/12) of the yearly Care price for each. A Launch build fee paid for the Order is not refunded once the build is handed over. If Agency ends Care for Client’s non-payment, abuse, illegal content or material breach, there is no refund.
IP and domain: §6 and §7 (including §7.5) and the Care Terms domain rules apply. Assignment of the custom site deliverables (and any logo add-on) requires full payment of the amounts due under that Order. Agency does not buy, register or point a production domain until the Launch amounts due under that Order are paid in full.

17.3 Free or discounted add-ons and fees

A free or discounted add-on has the same scope, delivery triggers, ownership and rights as the paid add-on (for logo add-ons, §7.5). A discount off a fee is a price term only: Launch scope, the Review Window, reject, ghost and Approval rules, IP and domain rules are otherwise the same as for the regular Order. Where the Order has a deposit, the deposit and balance are each fifty percent (50%) of the reduced build fee unless the Order Summary says otherwise. The reject, refund, ghost and (for Essential) pause rules for the related Order still control whether add-on files are delivered or assigned.

17.4 Limits

One promotion per business and per Order, unless the Checkout / Order Summary expressly lists more than one. Promotions do not combine or stack unless the Checkout / Order Summary expressly says so.
A promotion is available only on the plan(s) stated in its Order Summary.
Promotional values are not redeemable for cash or credit, are not transferable, and are not refunded if an add-on is not delivered.
Agency may change or end any promotion for future Orders at any time. This does not affect Orders already placed.