Please read these Terms of Service carefully before using TheCustomWebsites services. These terms constitute a legally binding agreement between you and TheCustomWebsites.
Welcome to The Custom Websites ("TCW," "Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website located at https://thecustomwebsites.com/ (the "Site"), as well as any services, quotes, consultations, or deliverables we provide to you, including but not limited to custom web design and development, mobile app development, SEO, Google Ads/PPC management, UI/UX design, branding, and related digital marketing services (collectively, the "Services").
By accessing the Site, requesting a quote, scheduling a consultation, or engaging our Services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree, please do not use the Site or engage our Services.
1. Acceptance of Terms
By using this Site or engaging TCW for any Service, you confirm that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal authority to enter into a binding agreement, either on your own behalf or on behalf of the company or organization you represent.
2. Services Provided
TCW provides custom digital services including, but not limited to:
Custom web design and development (WordPress, Shopify, WooCommerce, PHP, React, Node.js, Vue.js, and other technologies)
Mobile application development (native and cross-platform)
Search Engine Optimization (SEO), including on-page, technical, local, and enterprise SEO
Google Ads / PPC campaign management and ad copywriting
UI/UX design, branding, and graphic design
Website audits, optimization, maintenance, and technical support
The specific scope, timeline, and cost of any project will be outlined in a separate proposal, quote, statement of work, or service agreement ("Project Agreement") provided to the Client. In the event of a conflict between these Terms and a signed Project Agreement, the Project Agreement will govern for that specific engagement.
3. Quotes, Pricing, and Payment
All quotes provided (via email, phone, or the Site) are estimates based on the information available at the time and are subject to change once full project requirements are confirmed.
Final pricing will be confirmed in writing before work begins.
Unless otherwise agreed in writing, projects require an upfront deposit before work commences, with remaining balances due per the payment schedule outlined in the Project Agreement.
Late payments may result in suspension of work, delayed delivery, or additional fees.
All fees are non-refundable except as expressly stated in our Refund Policy.
4. Project Timelines
Estimated delivery timelines depend on factors including project complexity, availability of Client-provided content and assets, and the timeliness of Client feedback and approvals. TCW will make reasonable efforts to meet agreed timelines but is not liable for delays caused by factors outside its reasonable control, including delayed Client feedback, third-party service outages, or force majeure events.
5. Client Responsibilities
To ensure timely and successful project delivery, the Client agrees to:
Provide accurate, complete, and timely information, content, and assets required for the project
Respond to requests for feedback or approval within a reasonable timeframe
Ensure they have the legal right to use any content, images, trademarks, or materials provided to TCW for use in the project
Designate an authorized point of contact for approvals and communications
6. Intellectual Property and Ownership
Upon full and final payment for a completed project, the Client owns the final deliverables (e.g., the completed website, app, or design files) created specifically for them, except for any third-party or licensed elements (such as stock photos, plugins, themes, fonts, or open-source code) which remain subject to their respective licenses.
TCW retains the right to use general methodologies, frameworks, pre-existing tools, and know-how developed independently of the Client's project.
TCW reserves the right to showcase completed projects in its portfolio, case studies, and marketing materials unless the Client requests otherwise in writing and such a request is agreed to.
Until full payment is received, all work product remains the property of TCW.
7. Revisions and Changes
Each Project Agreement will specify the number of revision rounds included. Requests that fall outside the agreed project scope ("scope creep") may be treated as a change order and billed separately at our then-current rates, subject to the Client's prior approval.
8. Third-Party Services and Platforms
Our Services may involve the use of third-party platforms, plugins, hosting providers, payment gateways, advertising platforms (e.g., Google Ads), or content management systems. TCW is not responsible for the performance, availability, pricing changes, or policies of these third-party services. Use of such services may be subject to their own separate terms.
9. No Guarantee of Results
While TCW uses industry best practices for SEO, Google Ads, and digital marketing services, we do not guarantee specific rankings, traffic levels, conversion rates, ad performance, or revenue outcomes, as these are influenced by factors outside our control, including search engine algorithm changes, market competition, and platform policy changes.
10. Website Maintenance and Support
Ongoing maintenance, hosting, technical support, or updates are provided only where specified in a separate maintenance/support agreement. Websites or applications not covered under an active maintenance plan may be vulnerable to security risks or compatibility issues over time, and TCW is not liable for such issues absent an active agreement covering them.
11. Limitation of Liability
To the fullest extent permitted by law, TCW and its officers, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, arising out of or related to your use of the Site or our Services, even if advised of the possibility of such damages. TCW's total liability for any claim arising from the Services shall not exceed the total amount paid by the Client for the specific Service giving rise to the claim.
12. Indemnification
You agree to indemnify and hold harmless TCW, its employees, and affiliates from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) content or materials you provide that infringe on third-party rights; or (c) your misuse of the Site or Services.
13. Confidentiality
Both parties agree to keep confidential any non-public business, technical, or financial information disclosed during the course of the engagement, and to use such information solely for the purpose of fulfilling the project, except where disclosure is required by law.
14. Termination
Either party may terminate a project engagement with written notice as outlined in the applicable Project Agreement. Upon termination, the Client is responsible for payment for all work completed up to the termination date. TCW reserves the right to suspend or terminate access to the Site or Services for any user who violates these Terms.
15. Website Use Restrictions
You agree not to:
Use the Site for any unlawful purpose or in violation of these Terms
Attempt to gain unauthorized access to the Site, our systems, or related networks
Copy, reproduce, or distribute Site content without prior written permission
Introduce viruses, malware, or other harmful code to the Site
16. Privacy
Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your information.
17. Refunds
Refund eligibility and conditions are governed by our separate Refund Policy.
18. Disclaimer of Warranties
The Site and Services are provided on an "as is" and "as available" basis. TCW makes no warranties, express or implied, regarding the accuracy, reliability, or availability of the Site or the outcome of any Service, except as expressly stated in a Project Agreement.
19. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law principles, unless otherwise specified in a signed Project Agreement.
20. Dispute Resolution
Any disputes arising from these Terms or our Services shall first be attempted to be resolved through good-faith negotiation between the parties. If unresolved, disputes may be subject to binding arbitration or the courts of competent jurisdiction in Colorado, as further detailed in the applicable Project Agreement.
21. Changes to These Terms
TCW reserves the right to update or modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Continued use of the Site or Services after changes constitutes acceptance of the revised Terms.
22. Contact Us
If you have any questions about these Terms, please contact us:
The Custom Websites 750 West Hampden Avenue, Denver, CO - Phone (USA): (929) 596-6672
UK Office: 27 Saint Andrews Drive, Flat No. 3/4, Glasgow, G41 5JN - Phone (UK): +44 7425 471610