Terms of Service | Muskogee Web Design

Agreement Acknowledgments

Terms

Definitions

Automatic Billing Authorization

Website Design

Website Management

Website Hosting

Branding

Search Engine Optimization

Search Engine Marketing

Social Media Management

Conversion Rate Optimization

Content Marketing

Website Application Integrations

Client Account Information

Third-Party Representatives or Agencies

Image Editing

Content Editing

Domain Name Records

Design, Styling, and Layout Authority

Content Approval & Responsibility

Monitoring

Website Analytics

Website Transfers

Legal Disclaimers

Collections, Service Suspension & Legal Remedies

Intellectual Property Rights

Use of Deliverables for Advertising and Marketing

Confidentiality

Limitation of Liability

Indemnification

Choice of Law

Miscellaneous

Entire Agreement

Contact Information

This Agreement is effective as of the date of the online purchase and is made between the purchaser or the business purchaser (hereinafter referred to as the "Client") and Muskogee Web Design.
By purchasing the service(s), the Client acknowledges that they have read, understood, and agreed to the terms set forth in this Agreement.
In consideration of the Client retaining Muskogee Web Design for the provision of service(s), the Client agrees to the following terms listed in the terms section of this agreement:

By purchasing a service(s), package(s), or plan(s), the Client retains Muskogee Web Design to perform the service(s) as detailed in this agreement.
By purchasing service(s), package(s), or plan(s), the Client agrees to pay the listed amount on the invoice or payment link at the time of purchase and enters into this service agreement.
By purchasing service(s), package(s), or plan(s), the Client agrees to pay the listed amount on the invoice or payment link for the Initial Term (Minimum Term).
The Client must provide written notice of non-renewal for a specific service(s) fifteen (15) days before the renewal date.
All fees and payment schedules specified in the invoice or payment link are subject to change based on service updates, project scope, or market conditions. Muskogee Web Design will provide a thirty (30) day notice of any fee adjustments prior to implementation.
All intellectual property created by Muskogee Web Design remains the property of Muskogee Web Design until all fees have been paid in full. Upon payment, ownership of completed deliverables transfers to the Client, excluding any third-party materials, frameworks, or proprietary tools.
Both parties agree to maintain the confidentiality of any proprietary or sensitive information exchanged during the course of this Agreement and not disclose such information to any third party without prior written consent.
Requests for work outside the original project scope will be billed at Muskogee Web Design’s current hourly rate of $95 per hour or quoted separately. Minor revisions are included within fair use limits unless otherwise stated.
Muskogee Web Design is not liable for performance issues or interruptions caused by third-party services, integrations, or tools used in the project.
Muskogee Web Design will take reasonable measures to safeguard client and user data; however, no system is entirely secure. The Client assumes responsibility for compliance with data protection laws applicable to their business.
Neither party shall be held liable for delays or failures caused by events beyond reasonable control, including natural disasters, power failures, strikes, or platform outages.
Muskogee Web Design reserves the right to suspend services for nonpayment, breach of terms, or misuse of services until the issue is resolved.
Approvals, feedback, and authorizations provided via email or the designated project platform are considered binding under this Agreement.
Muskogee Web Design retains the right to display completed projects, screenshots, and design elements in its portfolio, marketing materials, and case studies unless the Client requests otherwise in writing.
Unless canceled in writing prior to the renewal date, monthly or annual subscription-based services will automatically renew under the same terms and rates.
Muskogee Web Design will make every effort to meet project timelines. Delays caused by the Client, including late content submission or feedback, may extend delivery deadlines.
Deliverables are deemed accepted by the Client unless revisions or issues are reported within five (5) business days of delivery.
The Client is solely responsible for the legality, accuracy, and appropriateness of all content, including text, images, and claims published on their behalf.
The Client agrees not to solicit or hire Muskogee Web Design employees, contractors, or freelancers for a period of twelve (12) months following termination of this Agreement.
Muskogee Web Design will communicate primarily via email or designated project platforms. Client response delays exceeding seven (7) business days may impact delivery timelines.
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Unless otherwise stated in this agreement, all services are provided “as-is” without any warranties, expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.

Client-Provided Material

Refers to digital designs, photos, drawings, renderings, strategies, and technology that the Client owns, is authorized to use, or legally controls. These materials are required by Muskogee Web Design to perform the agreed-upon services

Deliverables

Refers to the website design, development, or search engine optimization (SEO) services provided by Muskogee Web Design.

Muskogee Web Design Materials

Includes all proprietary or pre-existing materials created by Muskogee Web Design, including but not limited to: concepts, sketches, initial copy, artwork, type, proprietary information, data, technology, methodologies, software code, documentation, tools, interfaces, trade secrets, intellectual property, and other proprietary assets. This also encompasses any inventions, trademarks, and works of authorship used or developed during service performance. Excluded from this definition are Third-Party Materials, unless Muskogee Web Design Materials are incorporated within them.

Intellectual Property Rights

Covers all current and future rights worldwide, including but not limited to:

Copyrights, moral rights, mask work rights, and other related rights.
Trademarks, trade names, and service marks.
Trade secrets and proprietary rights arising from law or contract.
Patents, patentable inventions, industrial designs, algorithms, and related rights.
Any other intellectual or proprietary rights recognized under applicable law, contract, or license.

Services

Refers to any of the following provided by Muskogee Web Design under this agreement:

Website Design and Development
Website Management
Website Hosting
Branding
Search Engine Optimization (SEO)
Search Engine Marketing
Social Media Management
Conversion Rate Optimization
Content Marketing
Website application integrations

Third-Party Materials

Refers to proprietary assets, including concepts, artwork, data, technology, software, hardware, documentation, tools, interfaces, trade secrets, trademarks, and other intellectual property owned by entities other than Muskogee Web Design or the Client.

Third-Party Applications (Apps)

Refers to software applications owned by third parties, used to add custom features to a website, and not owned by Muskogee Web Design or the Client.

Muskogee Web Design may automatically charge the Client’s credit or debit card on file for recurring payments, subscription renewals, or other fees due under this Agreement.
By providing payment information, the Client authorizes Muskogee Web Design to securely store and use the payment method for automatic billing in accordance with the payment schedule specified in the invoice or payment link, for recurring payments, subscription renewals, or other fees due under this Agreement.
The Client agrees to maintain a valid and current payment method on file at all times. If a payment is declined or unsuccessful, Muskogee Web Design reserves the right to suspend services until payment is received in full.

Scope of Services

The Consultation Service includes professional guidance, strategic recommendations, and advisory support as outlined in the applicable invoice, payment link, or service description. The specific scope of consultation may vary depending on the client’s needs and the nature of the service requested.

No Refunds

All fees paid for the Consultation Service are non-refundable. By scheduling or purchasing a Consultation Service, the client acknowledges and agrees that no refunds will be issued under any circumstances, including but not limited to dissatisfaction with the consultation, decisions made following the consultation, or failure to attend.

Client Responsibilities

Scheduling & Attendance: The client is responsible for attending the consultation at the scheduled time. Missed or canceled sessions may not be rescheduled or refunded unless otherwise agreed to in writing by Muskogee Web Design.
Preparation: The client agrees to provide any necessary information, access, or materials required for an effective consultation. Delays caused by the client may reduce the value of the session, for which Muskogee Web Design is not responsible.

Term & Renewal

The minimum term for Web Design services is twenty-four (24) months beginning on the Effective Date (“Initial Term”).
After completion of the Initial Term, this Agreement shall automatically continue on a month-to-month basis unless terminated by either party with thirty (30) days’ written notice.
If the Client terminates this Agreement prior to the completion of the Initial Term, an early termination fee of $299 shall apply and be due immediately upon termination.

Scope of Services

Muskogee Web Design agrees to design, develop, and maintain the Client’s website according to the package selected below and the specifications outlined in the proposal or project agreement.

Starter Package

1 Custom Website
Mobile-Responsive Design
On-Page SEO
Google Analytics Setup
Hosting
Content Management System
Branding Integration
Progressive Web App
SSL Security Certificate
Automatic Site Backups
Monthly Performance Reports
2 Updates Per Month
Customer Support

Scale Package

Starter +
Blog Setup
E-Commerce Setup (100 Products)
Advanced SEO
Basic Competitor Analysis
Basic Market Research
Keyword Research & Implementation
Advanced Schema
Google My Business Optimization
Conversion Optimization
Conversion Tracking
4 Updates Per Month
Performance (CDN, Caching)

Enterprise Package

Scale +
E-Commerce (Unlimited Products)
Custom Integrations
Advanced Analytics Dashboard
Conversion Rate Optimization
A/B Testing Landing Pages
Dedicated Account Manager
Membership/Subscriptions
Generative Engine Optimization
Accessibility & ADA Compliance
Bi-Weekly Performance Reports
Unlimited Updates (Fair Use)
Website Redesign Every 3 Years

Fair Use Policy for Unlimited Website Updates

“Unlimited website updates” are provided under a Fair Use Policy, meaning the Client may request reasonable changes, edits, and updates to their website as needed to maintain or improve its functionality and content.

Fair use includes:

Minor text edits, image replacements, and content updates.
Minor adjustments to existing design elements or page layouts.
Adding or updating standard website features (such as forms, links, or basic pages).
Routine maintenance and technical corrections.

Fair use does not include:

Complete website redesigns or rebranding projects.
Development of new custom features, applications, or integrations.
Large-scale content uploads (e.g., adding dozens of new pages or products at once).
Work that substantially changes the scope or structure of the original project.

Muskogee Web Design reserves the right to determine whether an update request falls within the scope of fair use. Requests exceeding fair use limits may be subject to additional fees, to be quoted and approved before work begins.

Web Design Lifetime Warranty

Scope of Warranty: Muskogee Web Design provides a limited lifetime warranty on the development and design of a website or e-commerce website, provided that:
The website remains hosted with Muskogee Web Design.
All payments associated with the website are current and up to date.
Warranty Limitations: The lifetime warranty does not cover:
User errors or issues caused by clients self-managing their website.
Third-party applications or API services integrated into the website.
Cyberattacks, hacking incidents, or other security breaches.
Search engine rankings, search results, search traffic volumes, or conversion rates.
Schema markup language implementation or how search engines interpret and display schema data.
Google Analytics or related tracking tools.
Payment gateway services or the integration of third-party payment providers.
Sales channel providers, including but not limited to Amazon, Facebook, TikTok, X (formerly Twitter), Instagram, and eBay.
Automated tax settings in an e-commerce store.
Content created by the client or content generated by artificial intelligence.
Images provided by the client that are placed on the website by Muskogee Web Design.
Good Faith Support: If a technical issue arises that is not excluded under the above limitations, Muskogee Web Design will make a good faith effort to resolve the issue free of charge.
Warranty Disclaimer: Muskogee Web Design makes no express or implied warranties, including but not limited to:
Merchantability or suitability for a particular purpose.
Uninterrupted or error-free operation of the website.
Warranty Voidance: This lifetime warranty becomes void if the Client is more than 90 days past due on any payment associated with the website or the client is self-managing the website.
Performance & Limitations
Muskogee Web Design will deliver services using industry best practices to ensure optimal functionality, usability, and performance.
However, Muskogee Web Design does not guarantee specific outcomes, including but not limited to:
Search engine rankings
Sales or conversion increases
Any specific level of website traffic
Performance may vary depending on hosting environment, third-party integrations, content quality, and user behavior.

Client Responsibilities

Account Access

The Client agrees to provide Muskogee Web Design with necessary access to hosting accounts, domain registrars, and any other platforms required to complete and maintain the project. Failure to provide access in a timely manner may delay project completion.

Content Submission

Unless Muskogee Web Design has been specifically hired to create the content, the Client is responsible for providing all text, images, logos, and other materials to be included on the website.
All content must be submitted according to the project schedule. Delays in submission may affect launch timelines.

Fees & Payments

All fees and payment schedules are specified in the invoice or payment link.
Payments are due monthly in advance unless otherwise specified.
Failure to make timely payment may result in suspension or termination of services until the account is brought current.

Late Fees

A late fee of $29 will be applied to any payment not received within fifteen (15) days of the due date. Continued nonpayment may result in suspension of hosting, support, or other web services until all outstanding balances are paid in full.

Refunds

Refunds are determined based on the scope of work completed at the time of cancellation.
If significant portions of the project have been completed, Muskogee Web Design will calculate a pro-rated refund, if applicable, based on the percentage of work not yet performed.
However, if the website has been completed or deployed within Muskogee Web Design’s platform, no refund will be provided.
All refund requests must be submitted in writing and reviewed by Muskogee Web Design’s billing department before approval.

Limitation of Liability and Hold Harmless

The Client agrees to hold Muskogee Web Design harmless from any damages, losses, or claims arising from:

Website downtime or interruptions
Loss of revenue, traffic, or data
Third-party integrations, plugins, or hosting failures

Under no circumstances shall Muskogee Web Design be liable for indirect, incidental, special, or consequential damages, even if advised of the possibility of such damages.

Prohibited Use

The Client agrees not to use Muskogee Web Design’s services for any unlawful activity, including but not limited to:

Illegal, fraudulent, defamatory, obscene, political propaganda, or harassing content.
False representation of identity or impersonation of others.
Violations of privacy, copyright, trademarks, or intellectual property rights.
False advertising, solicitation, spam, pyramid schemes, or any disruptive activity.
Uploading harmful software such as viruses, trojans, or worms.

Violation of this section may result in immediate suspension or termination of services without a refund.

Termination

Either party may terminate this Agreement:

At the end of the Initial Term by providing thirty (30) days’ written notice, or
After the Initial Term, during the month-to-month period, with thirty (30) days’ written notice.
If the Client terminates the Agreement before completion of the 24-month Initial Term, the $299 early termination fee will apply.
Termination does not relieve the Client of the obligation to pay for services rendered prior to the termination date.
If the Client terminates the Agreement before the completion of the 24-month Initial Term, the client will pay the remaining balance of the 24-month Initial Term within thirty (30) days of the date of termination.

Term & Renewal

The minimum term for Website Management services is twelve (12) months beginning on the Effective Date (“Initial Term”).
After completion of the Initial Term, this Agreement shall automatically continue on a month-to-month basis unless terminated by either party with thirty (30) days’ written notice.
If the Client terminates this Agreement prior to completing the Initial Term, an early termination fee of $299 shall apply and be due immediately upon termination.

Scope of Services

Muskogee Web Design agrees to provide ongoing website management, updates, and technical maintenance according to the selected service package and the specifications outlined in the proposal or project agreement.

Starter Package

Security Monitoring
Website Backups
Browser Compatibility
3 Hours of Content Updates/mo

Scale Package

Starter +
Advanced Security Monitoring
Blog & Product Updates
6 Hours of Content Updates/mo

Enterprise Package

Scale +
Priority Support & Same-day Fixes
Unlimited Updates (fair use)
Proactive Improvements

Fair Use Policy for Unlimited Website Updates

Fair use includes:

Minor text edits, image replacements, and content updates.
Minor adjustments to existing design elements or page layouts.
Adding or updating standard website features (such as forms, links, or basic pages).
Routine maintenance and technical corrections.

Fair use does not include:

Complete website redesigns or rebranding projects.
Development of new custom features, applications, or integrations.
Large-scale content uploads (e.g., adding dozens of new pages or products at once).
Work that substantially changes the scope or structure of the original project.

Self-Managed Websites

The Client acknowledges that Muskogee Web Design reserves the right to disable or deactivate the Client’s website if the Client publishes prohibited content, including:
Pornography
Sexually explicit material
The Client understands that self-management of a website may result in changes in revenue, site traffic, or conversions, and Muskogee Web Design will not be held liable for such outcomes.
The Client agrees to hold Muskogee Web Design harmless from any increase or decrease in revenue, site traffic, or conversions resulting from the Client’s own website management actions.
If the Client damages, crashes, or disrupts website functionality and requires Muskogee Web Design to fix the issue, the Client will be billed at a rate of $95 per hour for the necessary repairs.

Performance & Limitations

Muskogee Web Design will perform all services using industry-leading best practices to ensure optimal performance, stability, and security of the Client’s website.
However, Muskogee Web Design does not guarantee specific outcomes, including but not limited to:
Search engine rankings or traffic results
Sales, conversions, or revenue improvements
Protection from all potential website downtime or cyber incidents
External factors such as hosting provider performance, third-party software, or client modifications may affect results.

Client Responsibilities

Account Access

The Client agrees to provide Muskogee Web Design with all necessary access to hosting, domain, and content management systems required to maintain the website.
Failure to provide timely access may delay service delivery.

Content Submission

Unless Muskogee Web Design has been specifically hired to create or manage content, the Client is responsible for submitting accurate and approved content updates.
Content must be provided in a timely manner to ensure proper maintenance schedules.

Fees & Payments

All fees and payment schedules are specified in the invoice or payment link.
Payments are due monthly in advance unless otherwise specified.
Failure to make payment may result in suspension of website management services, including hosting and updates, until the account is current.
The Client acknowledges that Muskogee Web Design charges a $95 hourly service fee for website updates and changes unless the Client has an active Website Management Plan that covers the requested updates.

Late Fees

A late fee of $29 will be applied to any payment not received within fifteen (15) days of the due date.
Continued nonpayment may result in suspension or termination of services until all outstanding balances are paid in full.

Refunds

Refunds are determined based on the scope of work completed at the time of cancellation.
If substantial work or management services have already been rendered, Muskogee Web Design will calculate a pro-rated refund, if applicable, for any unperformed portion of the term.
However, if the website is active and fully managed on Muskogee Web Design’s platform, no refund will be provided.
All refund requests must be submitted in writing and reviewed by Muskogee Web Design’s billing department before approval.
Down payments for web design services are non-refundable.

Limitation of Liability and Hold Harmless

The Client agrees to hold Muskogee Web Design harmless from any damages, losses, or claims arising from:

Website downtime, errors, or interruptions
Loss of data, traffic, or revenue
Issues caused by third-party applications, hosting, or integrations

Under no circumstances shall Muskogee Web Design be liable for indirect, incidental, special, or consequential damages, even if advised of the possibility of such damages.

Prohibited Use

The Client agrees not to use Muskogee Web Design’s services for any unlawful activity, including but not limited to:

Illegal, fraudulent, defamatory, obscene, political propaganda, or harassing content.
False representation of identity or impersonation of others.
Violations of privacy, copyright, trademarks, or intellectual property rights.
False advertising, solicitation, spam, pyramid schemes, or any disruptive activity.
Uploading harmful software such as viruses, trojans, or worms.

Violation of this section may result in immediate suspension or termination of services without refund.

Termination

Either party may terminate this Agreement:

At the end of the Initial Term by providing thirty (30) days’ written notice, or
After the Initial Term, during the month-to-month period, with thirty (30) days’ written notice.
If the Client terminates this Agreement before completing the 12-month Initial Term, the $299 early termination fee will apply.
Termination does not relieve the Client of the obligation to pay for services rendered prior to the termination date.
If the Client terminates the Agreement before the completion of the 12-month Initial Term, the client will pay the remaining balance of the 12-month Initial Term within thirty (30) days of the date of termination.

Term & Renewal

The minimum term for Web Hosting services is twelve (12) months beginning on the Effective Date (“Initial Term”).
After completion of the Initial Term, this Agreement shall automatically continue on a month-to-month basis unless terminated by either party with thirty (30) days’ written notice.
If the Client terminates this Agreement prior to completing the Initial Term, an early termination fee of $69 shall apply and be due immediately upon termination.

Scope of Services

Muskogee Web Design agrees to provide web hosting services to the Client in accordance with the selected hosting package and the specifications outlined in the proposal or hosting agreement.

Starter Package

Dedicated Server
Content Delivery Network
SSL Certificates

Scale Package

Starter +
Load Balancing
Application Hosting

Enterprise Package

Scale +
eCommerce
Scalability Services

Performance & Limitations

Muskogee Web Design will maintain hosting infrastructure and monitor performance using industry-leading best practices.
However, Muskogee Web Design does not guarantee uninterrupted service or specific performance outcomes, as hosting environments may be affected by:
Third-party network outages
Hardware failures
Software errors or system updates
Force majeure events beyond reasonable control
Reasonable efforts will be made to restore service in the event of downtime or interruptions.

Client Responsibilities

Account Access

The Client agrees to provide Muskogee Web Design with all necessary access credentials and permissions to manage the hosting environment effectively.
The Client is responsible for maintaining secure passwords and protecting access credentials from unauthorized use.

Content Submission

Unless Muskogee Web Design has been specifically hired to create or manage content, the Client is responsible for uploading and maintaining all website content.
The Client agrees that all hosted content complies with applicable laws, regulations, and these Terms of Service.

Fees & Payments

All fees and payment schedules are specified in the invoice or payment link.
Payments are due monthly in advance unless otherwise specified.
Failure to make timely payment may result in suspension or termination of hosting services until the account is brought current.
Pricing is subject to change.
Notifications to pricing changes will be sent by email thirty days (30) prior to the change.

Late Fees

A late fee of $29 will be applied to any payment not received within fifteen (15) days of the due date.
Continued nonpayment may result in suspension or permanent deletion of hosted data until all outstanding balances are paid in full.

Refunds

Refunds are determined based on the scope of hosting services rendered at the time of cancellation.
If hosting services have been active or provisioned on Muskogee Web Design’s servers, no refund will be provided.
If a refund is applicable, it will be calculated on a pro-rated basis for any unused prepaid months, minus set-up or administrative fees.
All refund requests must be submitted in writing and reviewed by Muskogee Web Design’s billing department before approval.

Limitation of Liability and Hold Harmless

The Client agrees to hold Muskogee Web Design harmless from any damages, losses, or claims arising from:

Website downtime or service interruptions
Data loss or corruption
Security breaches or unauthorized access beyond Muskogee Web Design’s reasonable control
Loss of revenue, traffic, or data due to hosting-related issues

Under no circumstances shall Muskogee Web Design be liable for indirect, incidental, special, or consequential damages, even if advised of the possibility of such damages.

Prohibited Use

The Client agrees not to use Muskogee Web Design’s hosting services for any unlawful activity, including but not limited to:

Illegal, fraudulent, defamatory, obscene, political propaganda, or harassing content.
False representation of identity or impersonation of others.
Violations of privacy, copyright, trademarks, or intellectual property rights.
False advertising, solicitation, spam, pyramid schemes, or any disruptive activity.
Uploading harmful software such as viruses, trojans, or worms.

Violation of this section may result in immediate suspension or termination of hosting services without refund and may be reported to appropriate authorities if required by law.

Termination

Either party may terminate this Agreement:

At the end of the Initial Term by providing thirty (30) days’ written notice, or
After the Initial Term, during the month-to-month period, with thirty (30) days’ written notice.
If the Client terminates this Agreement before completing the 12-month Initial Term, the $299 early termination fee will apply.
Termination does not relieve the Client of the obligation to pay for services rendered prior to the termination date.
Upon termination, Muskogee Web Design reserves the right to delete hosted data after the effective termination date unless otherwise agreed in writing.
If the Client terminates the Agreement before the completion of the 12-month Initial Term, the client will pay the remaining balance of the 12-month Initial Term within thirty (30) days of the date of termination.

Term & Renewal

This Agreement shall begin on the Effective Date and remain in effect until all branding deliverables outlined in the proposal or project agreement have been completed and delivered to the Client, unless otherwise terminated under this Agreement.
If ongoing branding or creative support services are retained on a monthly or recurring basis, the Agreement shall automatically renew month-to-month unless either party provides thirty (30) days’ written notice of termination.

Scope of Services

Muskogee Web Design agrees to provide branding and creative services to the Client according to the selected package and project specifications.

Starter Package

Brand Discovery Questionnaire
2–3 Logo Concepts + 2 Revisions
Color Palette Selection
Typography/font Pairings
Basic Brand Style Guide
Social Media Profile Kit

Scale Package

Starter +
In-depth Brand Strategy Workshop
Expanded Logo Suite
Custom brand patterns/textures
Extended Brand Style Guide
Social Media Graphics Kit

Enterprise Package

Scale +
Strategy & Positioning Document
Competitive and Audience Analysis
Messaging Framework
Marketing Collateral Package
Brand Launch Kit

Performance & Limitations

Muskogee Web Design will deliver all branding work using professional design standards and best practices.
However, the Client acknowledges and agrees that Muskogee Web Design does not guarantee specific business outcomes, such as:
Increased sales or revenue
Market share growth or customer acquisition
Public perception or brand recognition improvements
Branding effectiveness depends on factors beyond the Provider’s control, including marketing efforts, market conditions, and product quality.

Client Responsibilities

Account Access

The Client agrees to provide Muskogee Web Design with all necessary access to files, brand materials, and related accounts (e.g., hosting platforms, social media, or design portals) required to complete the project efficiently.

Content Submission

Unless Muskogee Web Design has been specifically hired to create content, the Client is responsible for submitting all necessary text, logos, images, and other brand assets to be incorporated into the project.
Timely submission of materials is required to maintain project schedules.

Fees & Payments

All fees and payment schedules are specified in the invoice or payment link.
Payments are due on an invoice or monthly in advance, as applicable.
Failure to make payment may result in the suspension of design, delivery, or project progress until the account is brought current.

Late Fees

A late fee of $99 will be applied to any payment not received within fifteen (15) days of the due date.
Continued nonpayment may result in a halt to ongoing branding services or withholding of final deliverables until payment is received.

Refunds

Refunds are based on the scope of work completed at the time of cancellation.
If initial design concepts or materials have already been developed, a pro-rated refund may be provided for any uncompleted portion of the project.
Once final branding assets (such as logo files, brand guidelines, or deliverables) have been completed and delivered, no refund will be issued.
All refund requests must be submitted in writing and will be reviewed by Muskogee Web Design’s billing department before approval.

Limitation of Liability and Hold Harmless

The Client agrees to hold Muskogee Web Design harmless from any damages, losses, or claims arising from:

Misuse or alteration of brand materials by the Client or third parties
Loss of revenue, data, or opportunities resulting from branding implementation
Client’s failure to adhere to trademark, copyright, or licensing regulations

Under no circumstances shall Muskogee Web Design be liable for indirect, incidental, or consequential damages, even if advised of the possibility of such damages.

Prohibited Use

The Client agrees not to use Muskogee Web Design’s services for any unlawful activity, including but not limited to:

Illegal, fraudulent, defamatory, obscene, political propaganda, or harassing content.
False representation of identity or impersonation of others.
Violations of privacy, copyright, trademarks, or intellectual property rights.
False advertising, solicitation, spam, pyramid schemes, or any disruptive activity.
Uploading harmful software such as viruses, trojans, or worms.

Violation of this section may result in immediate suspension or termination of services without refund.

Termination

Either party may terminate this Agreement by providing thirty (30) days’ written notice.
If termination occurs after work has begun, the Client shall remain responsible for payment of all work completed up to the termination date.
Once branding materials have been completed and delivered, no refund will be issued.
Muskogee Web Design reserves the right to terminate services for nonpayment, breach of contract, or misuse of services.
If the Client terminates the Agreement before the completion of the project, the client will pay an early termination fee of $299.

Term & Renewal

The minimum term for Search Engine Optimization (“SEO”) services is twelve (12) months beginning on the Effective Date (“Initial Term”).
After completion of the Initial Term, this Agreement shall automatically continue on a month-to-month basis unless terminated by either party with thirty (30) days’ written notice.
If the Client terminates this Agreement prior to completing the Initial Term, an early termination fee of $299 shall apply and be due immediately upon termination.

Scope of Services

Muskogee Web Design agrees to provide SEO services aimed at improving the Client’s search visibility and organic traffic in accordance with industry best practices and ethical guidelines.

Starter Package

SEO Audit
Keyword Research
On-page Optimization
Local SEO
Monthly Reports

Scale Package

Starter +
Competitor Analysis
Backlink Acquisition
Local Citations
Monthly Strategy Call

Enterprise Package

Scale +
Blog Content Creation
Advanced Link-building
Geo-targeted SEO
Competitor Tracking

Performance & Limitations

Muskogee Web Design will perform all SEO activities using ethical and industry-approved best practices to improve the Client’s online visibility.
However, the Client acknowledges and agrees that Muskogee Web Design does not guarantee specific outcomes, including but not limited to:
Specific search engine rankings or keyword positions
Increases in website traffic, sales, or conversions
Any particular placement or timeframe for ranking improvements
Search engine algorithms and ranking factors are controlled by third parties and may change without notice, which can affect performance results.

Client Responsibilities

Account Access

The Client agrees to provide Muskogee Web Design with all necessary administrative access to the website, hosting, analytics, and other relevant accounts (such as Google Search Console and Google Business Profile) required to perform SEO activities.
Failure to provide timely access may delay progress or limit performance results.

Content Submission

Unless Muskogee Web Design has been specifically hired to create or manage content, the Client is responsible for providing accurate, original, and approved website content.
Delays or failure to provide requested content may result in slower SEO progress or missed optimization opportunities.

Fees & Payments

All fees and payment schedules are specified in the invoice or payment link.
Payments are due monthly in advance unless otherwise stated.
Failure to make timely payment may result in the suspension or termination of SEO services until the account is brought current.

Late Fees

A late fee of $29 will be applied to any payment not received within fifteen (15) days of the due date.
Continued nonpayment may result in service suspension, removal of SEO work, or withholding of reports until the balance is paid in full.

Refunds

Refunds are determined based on the scope of work completed at the time of cancellation.
If SEO work has been initiated or completed during a billing period, no refund will be provided for that month’s services.
SEO results are dependent on multiple external factors; therefore, refunds will not be issued based on performance outcomes or ranking changes.
All refund requests must be submitted in writing and reviewed by Muskogee Web Design’s billing department before approval.

Limitation of Liability and Hold Harmless

The Client agrees to hold Muskogee Web Design harmless from any damages, losses, or claims arising from:

Search engine algorithm updates or ranking fluctuations
Loss of website traffic, conversions, or revenue
Hosting, software, or third-party service issues beyond Muskogee Web Design’s control

Under no circumstances shall Muskogee Web Design be liable for indirect, incidental, special, or consequential damages, even if advised of the possibility of such damages.

Prohibited Use

The Client agrees not to use Muskogee Web Design’s services for any unlawful activity, including but not limited to:

Illegal, fraudulent, defamatory, obscene, political propaganda, or harassing content.
False representation of identity or impersonation of others.
Violations of privacy, copyright, trademarks, or intellectual property rights.
False advertising, solicitation, spam, pyramid schemes, or any disruptive activity.
Uploading harmful software such as viruses, trojans, or worms.

Violation of this section may result in immediate suspension or termination of services without refund.

Termination

Either party may terminate this Agreement:

At the end of the Initial Term by providing thirty (30) days’ written notice, or
After the Initial Term, during the month-to-month period, with thirty (30) days’ written notice.
If the Client terminates this Agreement before completing the 12-month Initial Term, the $299 early termination fee will apply.
Termination does not relieve the Client of the obligation to pay for services rendered prior to the termination date.
If the Client terminates the Agreement before the completion of the 12-month Initial Term, the client will pay the remaining balance of the 12-month Initial Term within thirty (30) days of the date of termination.

Term & Renewal

The minimum term for Search Engine Marketing (“SEM”) services is twelve (12) months beginning on the Effective Date (“Initial Term”).
After completion of the Initial Term, this Agreement shall automatically continue on a month-to-month basis unless terminated by either party with thirty (30) days’ written notice.
If the Client terminates this Agreement prior to completing the Initial Term, an early termination fee of $299 shall apply and be due immediately upon termination.

Scope of Services

Muskogee Web Design agrees to provide Search Engine Marketing services to enhance the Client’s visibility through paid advertising channels such as Google Ads, Bing Ads, or other platforms. All work will be performed in accordance with industry best practices.

Starter Package

SEM Strategy
Google Ads Setup
1 Campaign/2–3 Ad Groups
Keyword Research & Targeting
Ad Copywriting (3–5 ads)
Conversion Tracking
Monthly Reports

Scale Package

Starter +
3 Campaigns / 6–8 Ad Groups
Expanded Keyword Targeting
A/B Testing
Remarketing
Bid Optimization
Monthly Strategy Call

Enterprise Package

Scale +
Multi-channel Campaigns
Advanced Remarketing
Dynamic Search Ads
Competitor Conquesting Strategies
Ad Extensions
Bi-weekly Strategy Call

Performance & Limitations

Muskogee Web Design will manage campaigns based on industry best practices and data-driven optimization.
However, the Client acknowledges that Muskogee Web Design does not guarantee specific outcomes, including but not limited to:
Specific ad positions or cost-per-click results
A guaranteed number of leads, conversions, or sales
Any specific return on ad spend (ROAS)
Results are influenced by factors outside the Provider’s control, including market conditions, competition, search engine algorithm updates, and user behavior.

Client Responsibilities

Account Access

The Client agrees to provide Muskogee Web Design with administrative access to all advertising accounts, analytics tools, and related platforms required for campaign management.
Failure to provide timely access may result in delays or performance limitations.

Content Submission

Unless Muskogee Web Design has been specifically hired to create content, the Client is responsible for providing ad copy, creative materials, offers, and landing page content in a timely manner.
The Client must ensure that all submitted content complies with applicable advertising platform policies and laws.

Fees & Payments

All fees and payment schedules are specified in the invoice or payment link.
Payments are due monthly in advance, unless otherwise specified.
Ad spend budgets are billed separately from management fees unless stated otherwise.
Failure to make timely payment may result in suspension or termination of campaigns until the account is brought current.

Late Fees

A late fee of $29 will be applied to any payment not received within fifteen (15) days of the due date.
Continued nonpayment may result in campaign suspension or account termination until all balances are paid in full.

Refunds

Refunds are determined based on the scope of work completed at the time of cancellation.
Because SEM services involve active management, optimization, and advertising spend, no refunds will be issued for:
Advertising costs already incurred, or
Management fees for services already performed during the billing period.
If campaigns have not yet been launched or work has not commenced, Muskogee Web Design may issue a pro-rated refund, less administrative setup costs.
All refund requests must be submitted in writing and reviewed by Muskogee Web Design’s billing department before approval.

Limitation of Liability and Hold Harmless

The Client agrees to hold Muskogee Web Design harmless from any damages, losses, or claims arising from:

Fluctuations in ad performance or cost-per-click rates
Inaccuracies in third-party reporting platforms
Loss of leads, conversions, or revenue
Changes in platform policies or algorithmic updates

Under no circumstances shall Muskogee Web Design be liable for indirect, incidental, special, or consequential damages, even if advised of the possibility of such damages.

Prohibited Use

The Client agrees not to use Muskogee Web Design’s services for any unlawful activity, including but not limited to:

Illegal, fraudulent, defamatory, obscene, political propaganda, or harassing content.
False representation of identity or impersonation of others.
Violations of privacy, copyright, trademarks, or intellectual property rights.
False advertising, solicitation, spam, pyramid schemes, or any disruptive activity.
Uploading harmful software such as viruses, trojans, or worms.

Violation of this section may result in immediate suspension or termination of services without refund.

Termination

Either party may terminate this Agreement:

At the end of the Initial Term by providing thirty (30) days’ written notice, or
After the Initial Term, during the month-to-month period, with thirty (30) days’ written notice.
If the Client terminates this Agreement before completing the 12-month Initial Term, the $299 early termination fee will apply.
Termination does not relieve the Client of the obligation to pay for services rendered prior to the termination date or ad spend already incurred.
If the Client terminates the Agreement before the completion of the 12-month Initial Term, the client will pay the remaining balance of the 12-month Initial Term within thirty (30) days of the date of termination.

Term & Renewal

The minimum term for Social Media Management services is twelve (12) months beginning on the Effective Date (“Initial Term”).
After completion of the Initial Term, this Agreement shall automatically continue on a month-to-month basis unless terminated by either party with thirty (30) days’ written notice.
If the Client terminates this Agreement prior to completing the Initial Term, an early termination fee of $299 shall apply and be due immediately upon termination.

Scope of Services

Muskogee Web Design agrees to manage the Client’s social media presence in accordance with the selected service package and project specifications.

Starter Package

Audit & Strategy
2 Platforms
Profile Optimization
8–10 Posts/mo
Hashtag Research & Optimization
Basic Community Engagement
Monthly Reports

Scale Package

Starter +
3 Platforms
Expanded Keyword Targeting
Paid Ad Setup
Paid Ad Management
Advanced Engagement
Monthly Strategy Call

Enterprise Package

Scale +
4–5 Platforms
20–25 Posts/mo
Video Content Creation
Ad Funnel Campaigns
Advanced Audience Targeting
Bi-weekly Strategy Call

Performance & Limitations

Muskogee Web Design will perform social media management using best practices for audience engagement, branding, and growth.
However, the Client acknowledges that Muskogee Web Design does not guarantee specific outcomes, including but not limited to:
Specific follower growth, engagement rates, or reach metrics
A guaranteed number of leads, sales, or conversions
Viral or trending content performance
Results may vary depending on algorithm changes, market trends, and audience behavior outside Muskogee Web Design’s control.

Client Responsibilities

Account Access

The Client agrees to provide Muskogee Web Design with all necessary administrative access to social media accounts, scheduling tools, and advertising platforms required to perform services.
Failure to provide timely access may delay posting schedules or campaign performance.

Content Submission

Unless Muskogee Web Design has been specifically hired to create content, the Client is responsible for providing all logos, images, videos, product details, and copy necessary for social media content creation.
Content must be submitted in a timely manner according to the agreed schedule. Delays in content approval or submission may affect post frequency and results.

Fees & Payments

All fees and payment schedules are specified in the invoice or payment link.
Payments are due monthly in advance, unless otherwise specified.
Failure to make timely payment may result in suspension of posting, reporting, or campaign activity until the account is brought current.

Late Fees

A late fee of $29 will be applied to any payment not received within fifteen (15) days of the due date.
Continued nonpayment may result in suspension or termination of services until all outstanding balances are paid in full.

Refunds

Refunds are determined based on the scope of work completed at the time of cancellation.
If social media content has been created, scheduled, or posted, no refund will be issued for that billing period.
Because results depend on ongoing activity, refunds are not provided based on performance outcomes such as engagement or follower growth.
All refund requests must be submitted in writing and reviewed by Muskogee Web Design’s billing department before approval.

Limitation of Liability and Hold Harmless

The Client agrees to hold Muskogee Web Design harmless from any damages, losses, or claims arising from:

Negative engagement, reviews, or public responses on social media platforms
Platform outages, algorithm changes, or account restrictions
Loss of traffic, conversions, or revenue resulting from social media activity

Under no circumstances shall Muskogee Web Design be liable for indirect, incidental, special, or consequential damages, even if advised of the possibility of such damages.

Prohibited Use

The Client agrees not to use Muskogee Web Design’s services for any unlawful activity, including but not limited to:

Illegal, fraudulent, defamatory, obscene, political propaganda, or harassing content.
False representation of identity or impersonation of others.
Violations of privacy, copyright, trademarks, or intellectual property rights.
False advertising, solicitation, spam, pyramid schemes, or any disruptive activity.
Uploading harmful software such as viruses, trojans, or worms.

Violation of this section may result in immediate suspension or termination of services without refund.

Termination

Either party may terminate this Agreement:

At the end of the Initial Term by providing thirty (30) days’ written notice, or
After the Initial Term, during the month-to-month period, with thirty (30) days’ written notice.
If the Client terminates this Agreement before completing the 12-month Initial Term, the $299 early termination fee will apply.
Termination does not relieve the Client of the obligation to pay for services rendered prior to the termination date.
If the Client terminates the Agreement before the completion of the 12-month Initial Term, the client will pay the remaining balance of the 12-month Initial Term within thirty (30) days of the date of termination.

Term & Renewal

The minimum term for Conversion Rate Optimization (“CRO”) services is twelve (12) months beginning on the Effective Date (“Initial Term”).
After completion of the Initial Term, this Agreement shall automatically continue on a month-to-month basis unless terminated by either party with thirty (30) days’ written notice.
If the Client terminates this Agreement prior to completing the Initial Term, an early termination fee of $299 shall apply and be due immediately upon termination.

Scope of Services

Muskogee Web Design agrees to provide Conversion Rate Optimization services to enhance the Client’s website performance, improve user experience, and increase conversion efficiency according to the selected service package and project specifications.

Starter Package

CRO Audit
Heatmaps
Session Recording
Conversion Tracking
A/B Testing, 1–2 Key Pages
Mobile Usability
Monthly Reports

Scale Package

Starter +
Advanced Funnel Analysis
3–5 A/B or Multivariate Testing
Form Optimization
Copywriting Improvements
Behavioral Analysis
Monthly Strategy Call

Enterprise Package

Scale +
Full Funnel Re-Engineering
8-10 A/B or Multivariate Testing
Dynamic Personalization
Deep Competitor Analysis
Ongoing UI/UX Enhancements
Bi-weekly Strategy Call

Performance & Limitations

Muskogee Web Design will apply industry best practices, data analysis, and testing methodologies to improve conversion performance.
However, the Client acknowledges and agrees that Muskogee Web Design does not guarantee specific outcomes, including but not limited to:
A particular conversion rate increase or percentage improvement
Increased sales, leads, or revenue
Any fixed return on investment (ROI) or performance results
Conversion outcomes depend on multiple external factors such as website traffic, user behavior, product demand, pricing, and competition—all of which are outside Muskogee Web Design’s control.

Client Responsibilities

Account Access

The Client agrees to provide Muskogee Web Design with all necessary access to analytics platforms, website backends, landing page tools, advertising accounts, and other relevant systems required to perform CRO services.
Failure to provide timely access may delay implementation or testing schedules.

Content Submission

Unless Muskogee Web Design has been specifically hired to create content, the Client is responsible for providing any copy, images, videos, or product information required for A/B testing and optimization.
All content must be submitted in a timely manner according to the project plan.

Fees & Payments

All fees and payment schedules are specified in the invoice or payment link.
Payments are due monthly in advance, unless otherwise specified.
Failure to make timely payment may result in the suspension of optimization activities, reporting, or testing until the account is brought current.

Late Fees

A late fee of $29 will be applied to any payment not received within fifteen (15) days of the due date.
Continued nonpayment may result in service suspension, loss of progress data, or termination of services until all outstanding balances are paid in full.

Refunds

Refunds are determined based on the scope of work completed at the time of cancellation.
Because CRO involves strategy, research, and implementation over time, no refunds will be issued for work already performed or active testing periods.
If services have not yet begun, a pro-rated refund may be provided, less any administrative setup costs.
All refund requests must be submitted in writing and reviewed by Muskogee Web Design’s billing department before approval.

Limitation of Liability and Hold Harmless

The Client agrees to hold Muskogee Web Design harmless from any damages, losses, or claims arising from:

Changes in conversion performance, traffic, or sales results
Inaccuracies in third-party analytics or testing tools
Implementation delays due to platform or hosting limitations
Loss of revenue or business opportunities resulting from optimization recommendations or testing variations

Under no circumstances shall Muskogee Web Design be liable for indirect, incidental, special, or consequential damages, even if advised of the possibility of such damages.

Prohibited Use

The Client agrees not to use Muskogee Web Design’s services for any unlawful activity, including but not limited to:

Illegal, fraudulent, defamatory, obscene, political propaganda, or harassing content.
False representation of identity or impersonation of others.
Violations of privacy, copyright, trademarks, or intellectual property rights.
False advertising, solicitation, spam, pyramid schemes, or any disruptive activity.
Uploading harmful software such as viruses, trojans, or worms.

Violation of this section may result in immediate suspension or termination of services without refund.

Termination

Either party may terminate this Agreement:

At the end of the Initial Term by providing thirty (30) days’ written notice, or
After the Initial Term, during the month-to-month period, with thirty (30) days’ written notice.
If the Client terminates this Agreement before completing the 12-month Initial Term, the $299 early termination fee will apply.
Termination does not relieve the Client of the obligation to pay for services rendered prior to the termination date.
If the Client terminates the Agreement before the completion of the 12-month Initial Term, the client will pay the remaining balance of the 12-month Initial Term within thirty (30) days of the date of termination.

Term & Renewal

The minimum term for Content Marketing services is twelve (12) months beginning on the Effective Date (“Initial Term”).
After completion of the Initial Term, this Agreement shall automatically continue on a month-to-month basis unless terminated by either party with thirty (30) days’ written notice.
If the Client terminates this Agreement prior to completing the Initial Term, an early termination fee of $299 shall apply and be due immediately upon termination.

Scope of Services

Muskogee Web Design agrees to provide Content Marketing services designed to attract, engage, and convert the Client’s target audience according to the selected package and project scope.

Starter Package

Content Strategy
Editorial Calendar
2 Blog Posts/mo
4 Social Media Captions
Keyword Research
Basic Graphics
Monthly Reports

Scale Package

Starter +
4–6 Blog Posts/mo
8–10 Social Media Captions
1 Lead Magnet
Email Newsletter Content 2/mo
Branded Graphics
Monthly Strategy Call

Enterprise Package

Scale +
8–12 Long-Form Blog Posts/mo
Full Content Funnel Creation
12–15 Social Media Captions
2–4 Email Newsletters/mo
1 eBook or Whitepaper/mo
Bi-weekly Strategy Call

Performance & Limitations

Muskogee Web Design will deliver content services using industry best practices to improve online presence, audience engagement, and visibility.
However, the Client acknowledges and agrees that Muskogee Web Design does not guarantee specific results, including but not limited to:
Increased sales, leads, or conversions
Search engine ranking positions
Specific audience engagement or traffic numbers
Content Marketing results depend on multiple factors, including audience behavior, market conditions, and platform algorithms, which are outside Muskogee Web Design’s control.

Client Responsibilities

Account Access

The Client agrees to provide Muskogee Web Design with administrative access to website platforms, analytics tools, and publishing accounts necessary to execute the content marketing strategy.
Failure to provide timely access may delay publication schedules or performance outcomes.

Content Submission

Unless Muskogee Web Design has been specifically hired to create all content, the Client is responsible for submitting all relevant materials such as product details, imagery, brand guidelines, or internal insights required for content creation.
All materials must be submitted on schedule to ensure timely delivery and publication.

Fees & Payments

All fees and payment schedules are specified in the invoice or payment link.
Payments are due monthly in advance, unless otherwise specified.
Failure to make payment may result in suspension of services, content publishing, or campaign activity until the account is brought current.

Late Fees

A late fee of $29 will be applied to any payment not received within fifteen (15) days of the due date.
Continued nonpayment may result in suspension or termination of services until all outstanding balances are paid in full.

Refunds

Refunds are determined based on the scope of work completed at the time of cancellation.
If content has been written, edited, or published, no refund will be provided for that work or billing cycle.
If services have not yet begun, a pro-rated refund may be provided, less any administrative setup or research costs.
All refund requests must be submitted in writing and reviewed by Muskogee Web Design’s billing department before approval.

Limitation of Liability and Hold Harmless

The Client agrees to hold Muskogee Web Design harmless from any damages, losses, or claims arising from:

Variations in content performance or search rankings
Changes in algorithms, search policies, or platform rules
Loss of traffic, leads, or sales resulting from published content
Third-party publishing errors or system downtime

Under no circumstances shall Muskogee Web Design be liable for indirect, incidental, special, or consequential damages, even if advised of the possibility of such damages.

Prohibited Use

The Client agrees not to use Muskogee Web Design’s services for any unlawful activity, including but not limited to:

Illegal, fraudulent, defamatory, obscene, political propaganda, or harassing content.
False representation of identity or impersonation of others.
Violations of privacy, copyright, trademarks, or intellectual property rights.
False advertising, solicitation, spam, pyramid schemes, or any disruptive activity.
Uploading harmful software such as viruses, trojans, or worms.

Violation of this section may result in immediate suspension or termination of services without refund.

Termination

Either party may terminate this Agreement:

At the end of the Initial Term by providing thirty (30) days’ written notice, or
After the Initial Term, during the month-to-month period, with thirty (30) days’ written notice.
If the Client terminates this Agreement before completing the 12-month Initial Term, the $299 early termination fee will apply.
Termination does not relieve the Client of the obligation to pay for services rendered prior to the termination date.
If the Client terminates the Agreement before the completion of the 12-month Initial Term, the client will pay the remaining balance of the 12-month Initial Term within thirty (30) days of the date of termination.

Term & Renewal

The minimum term for Website Application services is twelve (12) months beginning on the Effective Date (“Initial Term”).
After completion of the Initial Term, this Agreement shall automatically continue on a month-to-month basis unless terminated by either party with thirty (30) days’ written notice.
If the Client terminates this Agreement prior to completing the Initial Term, an early termination fee of $99 shall apply and be due immediately upon termination.

Scope of Services

Muskogee Web Design agrees to develop, maintain, and support website applications according to the project scope, specifications, and deliverables defined in the signed proposal or service agreement.

The scope of services depends on the website application.

This may include, but is not limited to:

Custom web application development and integration
User interface (UI) and user experience (UX) design
Database configuration and API integrations
Testing, quality assurance, and deployment
Ongoing technical support, updates, and optimization

Any additional features or modifications beyond the original scope may be subject to a separate agreement or change order.

Performance & Limitations

Muskogee Web Design will perform all services using industry best practices to ensure optimal performance, functionality, and security.
However, the Client acknowledges and agrees that Muskogee Web Design does not guarantee specific outcomes, including but not limited to:
Application performance on third-party systems or platforms
Specific traffic, conversion, or revenue results
Compatibility with all future browsers, devices, or software versions
Performance may vary depending on hosting environments, user behavior, third-party services, and client-side configurations.

Client Responsibilities

Account Access

The Client agrees to provide Muskogee Web Design with all necessary access to hosting accounts, domain registrars, APIs, and any other systems required to develop, deploy, and maintain the application.
Failure to provide timely access may delay project timelines or affect functionality.

Content Submission

Unless Muskogee Web Design has been specifically hired to create content, the Client is responsible for submitting all required content, including text, media, data, and assets necessary for the website application.
Content must be submitted on time and in the agreed-upon format. Delays in submission may affect project deadlines and delivery.

Fees & Payments

All fees and payment schedules are specified in the invoice or payment link.
Payments are due monthly in advance, unless otherwise specified.
Failure to make timely payment may result in suspension of services, including development progress, application access, or maintenance, until the account is current.

Late Fees

A late fee of $29 will be applied to any payment not received within fifteen (15) days of the due date.
Continued nonpayment may result in suspension or termination of services until all outstanding balances are paid in full.

Refunds

Refunds are determined based on the scope of work completed at the time of cancellation.
If the website application has been completed or deployed, no refund will be provided.
If development is in progress, a pro-rated refund may be issued based on uncompleted work, less administrative and setup costs.
All refund requests must be submitted in writing and reviewed by Muskogee Web Design’s billing department before approval.

Limitation of Liability and Hold Harmless

The Client agrees to hold Muskogee Web Design harmless from any damages, losses, or claims arising from:

Application downtime, errors, or interruptions
Data loss, corruption, or unauthorized access
Incompatibility with third-party systems or plugins
Loss of revenue, traffic, or business opportunities related to the use of the website application

Under no circumstances shall Muskogee Web Design be liable for indirect, incidental, special, or consequential damages, even if advised of the possibility of such damages.

Prohibited Use

The Client agrees not to use Muskogee Web Design’s services for any unlawful activity, including but not limited to:

Illegal, fraudulent, defamatory, obscene, political propaganda, or harassing content.
False representation of identity or impersonation of others.
Violations of privacy, copyright, trademarks, or intellectual property rights.
False advertising, solicitation, spam, pyramid schemes, or any disruptive activity.
Uploading harmful software such as viruses, trojans, or worms.

Violation of this section may result in immediate suspension or termination of services without refund.

Termination

Either party may terminate this Agreement:

At the end of the Initial Term by providing thirty (30) days’ written notice, or
After the Initial Term, during the month-to-month period, with thirty (30) days’ written notice.
If the Client terminates this Agreement before completing the 12-month Initial Term, the $99 early termination fee will apply.
Termination does not relieve the Client of the obligation to pay for services rendered prior to the termination date.
Upon termination, Muskogee Web Design reserves the right to disable access to any proprietary systems or applications until all outstanding balances are paid in full.
If the Client terminates the Agreement before the completion of the 12-month Initial Term, the client will pay the remaining balance of the 12-month Initial Term within thirty (30) days of the date of termination.

Muskogee Web Design will retain login credentials for the Client’s third-party accounts for 90 days after a service is provided. After this period, all stored account login information for any third-party service provider will be permanently deleted.
The Client acknowledges and agrees that Muskogee Web Design does not have access to the Client’s username or password for Muskogee Web Design’s platform or any related application services. Protecting this information is solely the Client’s responsibility.
The Client agrees to hold Muskogee Web Design harmless from any account security breaches, including unauthorized access to usernames or passwords related to Muskogee Web Design’s platform or any third-party applications or services.

The Client may authorize a third-party individual or agency to represent their business. However, Muskogee Web Design must receive written notice and approval from the Client before engaging with any third-party representatives.
Muskogee Web Design reserves the right to reject design requests from third-party representatives or agencies if such requests:
Negatively impact website traffic, online visibility, or conversion rates.
Are deemed not in the best interest of the Client.
Impede Muskogee Web Design's ability to provide best practice-based services.

Image editing services are offered on a per-hour basis and are billed at a rate of $60 per hour. This includes but is not limited to tasks such as image enhancement, retouching, resizing, background removal, object manipulation, and any custom visual alterations requested by the client.
All time spent on image editing - including consultation, revisions, and preparation of final deliverables - is tracked and rounded to the nearest quarter-hour. An estimate of the time required will be provided upon request, but actual billing will reflect the total time spent completing the work.
By purchasing a website, the client agrees to the image editing services, the hourly rate, and acknowledges that final charges may exceed initial estimates depending on the complexity and scope of the edits requested. Payment is due upon receipt of the invoice unless otherwise agreed upon in writing.
All edited images remain the property of the client once payment is made in full, except where third-party assets or licensing terms apply.
Muskogee Web Design retains the right to showcase non-confidential work in portfolios or marketing materials unless explicitly stated otherwise by the client in writing.

Content editing services are provided on a per-hour basis and are billed at a rate of $60 per hour. These services include, but are not limited to, editing written content for clarity, grammar, style, structure, tone, and consistency, as well as rewriting or refining content to better align with the client’s objectives or audience.
All time spent on content editing - including initial review, editing, revisions, formatting, consultation, and final delivery - is tracked and rounded to the nearest quarter-hour. Estimates for time and cost may be provided prior to the start of work; however, actual charges will reflect the total hours worked.
By purchasing a website, the client agrees to the content editing services, the hourly rate and acknowledges that total costs may vary depending on the complexity and volume of the content. Payment is due upon receipt of the invoice unless otherwise agreed upon in writing.
All edited content remains the property of the client once full payment has been made, excluding any third-party content or copyrighted material not owned by the client.
Muskogee Web Design may, with the client’s consent, showcase edited work as part of their professional portfolio.

The Client agrees to provide Muskogee Web Design with access to all domain name records associated with their website, including the username and password for each relevant domain.
The Client authorizes Muskogee Web Design to update DNS records to properly connect the domain name to the hosting provider and agrees to hold Muskogee Web Design harmless for any DNS changes made.
Muskogee Web Design will not alter any other domain-related information that is unrelated to the DNS configuration for hosting purposes.
If the Client requires DNS changes beyond hosting setup, they must contact their domain name provider to request such modifications.
If the Client’s current domain provider does not allow access to DNS records, the Client has 30 days to transfer the domain to a provider that allows modifications. Preferred domain providers include:
LucidDMS.net
GoDaddy
HostGator
Bluehost
HostMonster
If the Client hires Muskogee Web Design to transfer the domain name, a $95 transfer fee will apply.

The Client acknowledges and agrees to grant Muskogee Web Design full authority over the design, styling, and layout of the Client’s website.
The Client understands that Muskogee Web Design will develop the website’s design, styling, and layout in accordance with industry-leading best practices to ensure optimal functionality, user experience, and aesthetics.
If the Client rejects or requests changes to a specific design, styling, or layout, Muskogee Web Design will provide the Client with a rationale explanation for its design decisions.
If Muskogee Web Design determines that the requested design, styling, or layout changes will not negatively impact site traffic, visitor engagement, or conversion rates, the requested changes will be implemented.
If Muskogee Web Design determines that the requested design, styling, content, or layout changes may negatively impact site traffic, visitor engagement, or conversion rates, the request will be denied. Muskogee Web Design will provide the Client with a written explanation outlining the reasons for rejecting the requested changes.

The Client is solely responsible for reviewing and approving all content, creative assets, and deliverables produced by Muskogee Web Design prior to publication, deployment, or distribution.
By granting written, verbal, or electronic approval (including via email or project management platforms), the Client confirms that all materials are accurate, compliant with applicable laws, and approved for release.
Muskogee Web Design shall not be held liable for any:
Errors, omissions, or inaccuracies in content that the Client has reviewed and approved.
Legal or regulatory issues arising from claims, representations, or data contained in Client-provided materials.
Consequences resulting from delays in Client feedback, approval, or content submission.
If the Client fails to provide approval or feedback within five (5) business days, Muskogee Web Design may, at its discretion, deem the deliverable approved and proceed with the next project phase or publication schedule to avoid project delays.
The Client also agrees that:
All content, materials, and assets provided to Muskogee Web Design are either owned by the Client or properly licensed for use.
The Client retains full responsibility for ensuring that all claims, offers, or representations made within their content comply with applicable advertising, privacy, consumer protection laws as well as any state and federal laws.
After final approval or publication, any subsequent changes, corrections, or modifications requested by the Client will be treated as new work and may incur additional fees based on the current hourly or project rate.

WEBSITE MONITORING

Muskogee Web Design reserves the right to monitor the Client’s website and content periodically. However, unless specifically hired for website management services, Muskogee Web Design is not obligated to perform regular content monitoring.
Muskogee Web Design may disclose any necessary information to comply with legal obligations, protect its business or clients, or ensure the proper operation of the services.
At its sole discretion, Muskogee Web Design may refuse to post, remove, or modify any content deemed unacceptable, inappropriate, illegal, or in violation of this Agreement.

SOCIAL MEDIA MONITORING

Muskogee Web Design reserves the right to monitor the Client’s social media and content periodically if Muskogee Web Design is hired to manage the Client's social media channels.
Muskogee Web Design may disclose any necessary information to comply with legal obligations, protect its business or clients, or ensure the proper operation of the services.
At its sole discretion, Muskogee Web Design may refuse to post, remove, or modify any content deemed unacceptable, inappropriate, illegal, or in violation of this Agreement.

GOOGLE ADS MONITORING

Muskogee Web Design reserves the right to monitor the Client’s Google Ads and content periodically if Muskogee Web Design is hired to manage the Client's Google Ads account.
Muskogee Web Design may disclose any necessary information to comply with legal obligations, protect its business or clients, or ensure the proper operation of the services.
At its sole discretion, Muskogee Web Design may refuse to post, remove, or modify any content deemed unacceptable, inappropriate, illegal, or in violation of this Agreement.

The Client understands that website analytics data is provided on an ongoing basis, but Muskogee Web Design is not responsible for any marketing decisions the Client makes based on the provided data.
The Client agrees to hold Muskogee Web Design harmless from any increase or decrease in revenue, site traffic, or conversions resulting from marketing decisions based on website analytics data.
Website analytics services are exclusively available for websites built and hosted on Muskogee Web Design’s platform. Website analytics will remain available only while the website is hosted by Muskogee Web Design.

Muskogee Web Design's "Website Transfer Service" includes the migration of the Client's existing website from one content management system (CMS) or platform to another (e.g., from WordPress to Wix, from Squarespace to Webflow, etc.). This service is limited strictly to the transfer of the Client's existing website content, design elements, and structure.

Website Transfer Fee

The Client agrees to pay a $500 one-time website transfer fee to Muskogee Web Design for the transfer of a website from one content management system (CMS) or platform to another (e.g., from WordPress to Wix, from Squarespace to Webflow, etc.).

What’s Included:

One-to-one transfer of existing pages, content, and layout
Basic visual adjustments to ensure layout compatibility (referred to as Site Enhancements)
Transfer of on-page SEO elements (meta titles, meta descriptions, header tags, alt text, etc.)

What’s Not Included:

No new pages will be created as part of the transfer
No additional features, functionality, or system integration will be implemented
No redesign or custom development beyond layout adjustments for compatibilities
No new SEO elements will be added to the transferred website

Definitions:

Site Enhancements refer solely to necessary visual layout adjustments to ensure proper appearance on the new CMS.
SEO refers only to on-page SEO elements and does not include keyword research, backlinking, or off-site SEO.

Additional Services:

Additional Pages: $250 per page
Additional Features or Functionalities: $90 per hour. This includes, but is not limited to content, graphics, and other visual or coded elements.

All requests for enhancements beyond the scope of the transfer service will be quoted and billed separately.

The Client agrees to provide Muskogee Web Design with all necessary legal disclaimers, privacy notices, legal waivers, and licensing information required for preforming the service or as mandated by state and federal law.
The Client agrees to hold Muskogee Web Design, its owner (Matthew McWaters), its affiliates, its third-party providers, and/or subsidiaries harmless from any legal actions, disputes, or liabilities arising from the use or misuse of legal disclaimers, privacy notices, legal waivers, or any other legal documentation placed on the Client’s website.

Failure to pay all fees and payments within thirty (30) days of the due date may result in the immediate suspension of all services, including but not limited to hosting, maintenance, support, or access to deliverables, until the account is brought current.
If payment is not received after thirty (30) days, the outstanding balance, including any remaining contract balance, may be sent to collections or pursued in small claims court at Muskogee Web Design’s discretion.
The Client agrees to be fully liable for all costs and expenses incurred by Muskogee Web Design in recovering unpaid balances, including but not limited to collection agency fees, court costs, filing fees, and attorney’s fees.

The Client grants Muskogee Web Design a royalty-free, non-exclusive, non-transferable license to use and modify Client-provided materials or content solely for the purpose of performing services and developing the purchased deliverables.
The Client represents and warrants that they have obtained all necessary permissions, licenses, and consents to provide the materials or content to Muskogee Web Design and have full legal authority to do so.
The Client acknowledges and agrees that all websites and e-commerce websites designed and developed by Muskogee Web Design remain the intellectual property of Muskogee Web Design. These may not be copied, redistributed, republished, transferred, or recreated without the express written consent of Muskogee Web Design’s owner.
Upon completion of the 24-month service term, ownership of the website and/or e-commerce website transfers to the Client.
Any rights not expressly granted in this Agreement are reserved by Muskogee Web Design.

Subject to the confidentiality provisions in this Agreement, the Client grants Muskogee Web Design permission to showcase images, descriptions, and features of the completed deliverables for sales and marketing purposes.
The Client agrees to allow their website’s name, URL, and business name to be included in Muskogee Web Design’s promotional materials, portfolios, and case studies.
The Client grants Muskogee Web Design permission to link to the Client’s website from Muskogee Web Design’s website and vice versa.

Definition of Confidential Information: Each party (the “Disclosing Party”) may disclose confidential or proprietary information to the other party (the “Receiving Party”) in relation to this Agreement. Confidential Information includes but is not limited to:
Technical, marketing, financial, employee, and business planning information
Any information marked as confidential or proprietary
Any other information that a reasonable person would understand to be confidential given the nature of the disclosure
Confidential Information does not include information that:
Was already in the Receiving Party’s possession before disclosure
Becomes publicly available through no fault of the Receiving Party
Is authorized for release by written consent of the Disclosing Party
Is lawfully disclosed to the Receiving Party by a third party without confidentiality obligations
Is independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information
Protection of Confidential Information:
The Receiving Party will not use Confidential Information for any purpose other than fulfilling its obligations under this Agreement.
The Receiving Party may only disclose Confidential Information to employees, agents, officers, auditors, regulators, or contractors on a need-to-know basis.
All individuals receiving Confidential Information must be bound by confidentiality agreements that are at least as restrictive as this Agreement.
The Receiving Party must take reasonable precautions to protect Confidential Information from unauthorized use, access, or disclosure, applying the same level of care it uses to protect its own confidential data.
If required by law or a court order, Confidential Information may be disclosed. However, if possible, the Receiving Party must provide advance written notice to the Disclosing Party, allowing time to seek legal protection such as a protective order.
Remedies for Unauthorized Disclosure: Unauthorized disclosure or misuse of Confidential Information may cause irreparable harm to the Disclosing Party. In such cases:
The Disclosing Party has the right to seek immediate injunctive relief to prevent further disclosure or misuse.
The Disclosing Party does not need to post a bond to obtain injunctive relief.
The Disclosing Party retains the right to pursue any additional legal remedies available under applicable law.

Exclusion of Damages: Muskogee Web Design, its employees, officers, representatives, service providers, suppliers, licensors, and agents shall not be liable for any:
Direct, special, indirect, incidental, exemplary, punitive, or consequential damages.
Loss of use, loss of profits, or loss of data, whether in contract, tort (including negligence), or otherwise.
No Liability for External Factors: Muskogee Web Design shall not be liable for any claims arising from:
Use or inability to use the website or its content.
Errors, omissions, or inaccuracies in the website’s content, software, or transactions.
Costs incurred for procuring alternative services.
Unauthorized access or alterations to the Client’s data or transmissions.
Third-party conduct on the website.
Delays or performance failures resulting from force majeure events, including but not limited to:
Acts of God
Natural disasters
Communication failures
Government actions
Wars, strikes, labor disputes, riots, or material shortages
Terrorism or vandalism
Non-performance by third parties
Any other events beyond Muskogee Web Design’s reasonable control
Client’s Sole Remedy: If the Client is dissatisfied with the website or its services, the only available remedy is to cease using the website and terminate the agreement.
Limitation of Financial Liability: If any part of this limitation of liability is found to be unenforceable, Muskogee Web Design’s total aggregate liability under this Agreement shall not exceed one hundred dollars ($100).

Any claim or cause of action related to the services provided under this Agreement must be filed within one (1) year from the date the claim or cause of action arises; otherwise, it shall be permanently barred.
Muskogee Web Design’s failure to enforce any provision of this Agreement shall not be considered a waiver of its rights or future enforcement of that provision.
No course of conduct between the parties, nor any industry trade practice, shall modify any terms of this Agreement.
Muskogee Web Design reserves the right to assign its rights and obligations under this Agreement to any third party at any time without prior notice to the Client.
Any rights not explicitly granted in this Agreement are reserved.

Terms of Services

Muskogee Web Design Terms of Service Agreement

Contents

AGREEMENT ACKNOWLEDGMENTS

TERMS

DEFINITIONS

Client-Provided Material

Deliverables

Muskogee Web Design Materials

Intellectual Property Rights

Services

Third-Party Materials

Third-Party Applications (Apps)

Automatic Billing Authorization

Consultation Service

Scope of Services

No Refunds

Client Responsibilities

WEBSITE DESIGN & DEVELOPMENT

Term & Renewal

Scope of Services

Fair Use Policy for Unlimited Website Updates

Web Design Lifetime Warranty

Client Responsibilities

Fees & Payments

Late Fees

Refunds

Limitation of Liability and Hold Harmless

Prohibited Use

Termination

WEBSITE MANAGEMENT

Term & Renewal

Scope of Services

Fair Use Policy for Unlimited Website Updates

Self-Managed Websites

Performance & Limitations

Client Responsibilities

Fees & Payments

Late Fees

Refunds

Limitation of Liability and Hold Harmless

Prohibited Use

Termination

WEBSITE HOSTING

Term & Renewal

Scope of Services

Performance & Limitations

Client Responsibilities

Fees & Payments

Late Fees

Refunds

Limitation of Liability and Hold Harmless

Prohibited Use

Termination

BRANDING

Term & Renewal

Scope of Services

Performance & Limitations

Client Responsibilities

Fees & Payments

Late Fees

Refunds

Limitation of Liability and Hold Harmless

Prohibited Use

Termination

SEARCH ENGINE OPTIMIZATION

Term & Renewal

Scope of Services

Performance & Limitations

Client Responsibilities

Fees & Payments

Late Fees

Refunds

Limitation of Liability and Hold Harmless

Prohibited Use

Termination

SEARCH ENGINE MARKETING

Term & Renewal

Scope of Services

Performance & Limitations