By ordering, paying for, or using any website, hosting, email, or related services (“Services”) from Design Master Solutions, LLC, you (“Client”, “you”) agree to the following terms and conditions (“Agreement”).
1. PARTIES
This Agreement is between:
- Design Master Solutions, LLC18 Fruean Way, MA 02664, USA(“Provider”, “we”, “us”)
and
- The Client who places an order or uses our Services.
2. EFFECTIVE DATE AND ACCEPTANCE
2.1. This Agreement becomes binding when you:
- place an order in our client portal, or
- check the “I agree” box, or
- continue to use our Services after being presented with these terms.
2.2. For new Clients, the Effective Date is the date you first accept these terms.
2.3. If you do not agree with these terms, you must not use our Services and must request cancellation.
3. SCOPE OF SERVICES (GENERAL)
3.1. We provide a combination of website, hosting, email, maintenance, support and related services as described in your chosen plan in our client portal and invoices.
3.2. This Agreement governs how we work together, what each party can and cannot do, and how the Services are billed, supported and maintained.
4. MUTUAL COMMITMENTS
4.1. Provider’s commitments (what we agree to do):
We agree to:
- use reasonable care and skill in providing the Services;
- maintain and host your website on infrastructure that is appropriate for small-business use;
- apply routine technical maintenance and updates where compatible with your website;
- respond to support requests within a reasonable time, during our business hours;
- keep your account data and access credentials confidential, except where disclosure is required by law or by third-party providers (e.g., data centers, registrars) to deliver the Services.
4.2. Client’s commitments (what you agree to do):
You agree to:
- provide accurate contact and billing information and keep it up to date;
- provide all content (text, images, logos, etc.) needed for your website and confirm you have the rights to use it;
- ensure that all content and use of the Services comply with applicable laws;
- review and approve changes within a reasonable time;
- keep your login credentials secure and not share them with unauthorized persons;
- promptly pay all invoices by the due date shown.
5. ACCEPTABLE USE
5.1. You must not use the Services to:
- send spam, unsolicited mass email, phishing, or fraudulent messages;
- host or distribute illegal, defamatory, hateful, or infringing content;
- host malware, viruses, or engage in hacking or security attacks;
- run high-risk applications where service interruption could cause personal injury, death, or serious damage;
- overload or abuse server resources in a way that negatively impacts other customers.
5.2. We may suspend or limit your Services, with or without prior notice, if we reasonably believe that your use:
- violates this Agreement, the law, or third-party rights; or
- threatens the security, performance, or integrity of our systems.
6. BILLING, FEES AND RENEWAL
6.1. Your plan, billing cycle and recurring fees are shown in your order and invoices in our client portal (for example, quarterly billing).
6.2. Services are ongoing and automatically renew at the end of each billing period unless cancelled in accordance with this Agreement.
6.3. Invoices are issued through our billing system (WHMCS) and are due on or before the due date shown. Failure to pay on time may result in suspension or termination of Services.
6.4. Certain fees, such as setup fees or domain registration/renewal fees, may be non-refundable once processed.
6.5. We may change pricing or plan details in the future. If we do, we will give you at least 30 days’ notice by email or via the client portal. Continued use of the Services after the effective date of the change constitutes acceptance.
7. TERM, CANCELLATION AND TERMINATION
7.1. This Agreement continues as long as your Services remain active and paid, and renew automatically according to your billing cycle (e.g., quarterly).
7.2. You may request cancellation at any time by submitting a cancellation request through the client portal or by emailing us, preferably at least 30 days before the next billing period.
7.3. We may terminate or refuse to renew this Agreement if:
- invoices remain unpaid after the due date;
- you repeatedly violate the Acceptable Use section;
- you engage in abusive, threatening or fraudulent behavior toward our staff or systems; or
- we decide, in good faith, to discontinue certain Services or plans (with reasonable notice to you where possible).
7.4. After termination or cancellation:
- your website and email data may be deleted at any time and may not be recoverable;
- you remain responsible for all unpaid invoices and any charges incurred prior to the effective cancellation date.
8. ACCESS, CHANGES AND THIRD-PARTY ELEMENTS
8.1. We generally provide you with WordPress (or similar) access so that you can make content changes. Structural, technical or security-sensitive changes should be coordinated with us.
8.2. Installing additional plugins, themes, scripts or integrations without our review may affect performance, compatibility or security. If such changes cause issues, the time required to diagnose and fix them may be billed separately.
8.3. Our Services may depend on third-party providers (registrars, data centers, security tools, email services, etc.). We do not control their uptime, policies or pricing.
9. BACKUPS, AVAILABILITY AND LIMITATIONS
9.1. We use reasonable efforts to maintain backups and good uptime; however, no service can guarantee 100% uptime or 100% data safety.
9.2. You are strongly encouraged to keep local copies of important content, documents and emails.
9.3. We are not responsible for service interruptions or data loss caused by:
- failures of third-party providers, data centers or networks;
- force majeure events (such as natural disasters, war, strikes, major outages);
- your own changes, actions or misuse of access.
10. INTELLECTUAL PROPERTY
10.1. You keep ownership of the content you provide (text, images, logos, and other original materials).
10.2. After full payment of the applicable setup and service fees, you receive a license to use the specific website design and layout created for you.
10.3. We retain ownership of our underlying tools, frameworks, templates, and any generic components used to deliver the Services.
11. LIMITATION OF LIABILITY
11.1. To the maximum extent permitted by law, our total liability for any claim arising out of or related to this Agreement or the Services is limited to the total amount you paid to us for the Services during the three (3) months immediately before the event giving rise to the claim.
11.2. We will not be liable for any indirect, incidental, special, or consequential damages, including lost profits, lost revenue, loss of data, or business interruption.
12. INDEMNIFICATION
12.1. You agree to indemnify and hold harmless Design Master Solutions, LLC from any claims, damages, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of:
- your content or use of the Services;
- your violation of this Agreement or applicable laws;
- any claim that your content infringes a third party’s rights.
13. GOVERNING LAW AND DISPUTES
13.1. This Agreement is governed by and construed in accordance with the laws of the State of Massachusetts, USA, without regard to its conflict-of-law rules.
13.2. Any disputes arising out of or relating to this Agreement shall be resolved in the state or federal courts located in Massachusetts, and both parties consent to such jurisdiction and venue.
14. CHANGES TO THESE TERMS
14.1. We may update these Terms from time to time. When we do, we will update the “Last updated” date and may notify you via email or through the client portal.
14.2. Continued use of the Services after changes take effect constitutes your acceptance of the updated Terms.
By placing an order, paying an invoice, checking the “I agree” box, or continuing to use our Services, you confirm that you have read, understood, and agreed to this Agreement.