Terms of Service

1. Acceptance of Terms

Welcome to Always Forward Digital, LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use our services. These Terms apply to all visitors, users, and others who access or use our services.

2. Company Information

Always Forward Digital, LLC is a limited liability company organized under the laws of the State of Texas. Our principal place of business is in Texas, United States.

3. Services Offered

We provide web development, design, consulting, and related digital services ("Services"). The specific scope, deliverables, timeline, and pricing for each project are outlined in individual service agreements or proposals.

Services may include but are not limited to:

• Custom website design and development
• UI/UX design services
• Content management system (CMS) integration
• Digital strategy and consulting
• Website maintenance and support
• Third-party API integrations
• Performance optimization

4. User Responsibilities

When using our services, you agree to:

• Provide accurate, current, and complete information as required
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized use of your account
• Comply with all applicable laws and regulations
• Not use our services for any illegal or unauthorized purpose
• Not interfere with or disrupt the integrity or performance of our services
• Provide timely feedback, content, and approvals as needed for project completion

5. Payment Terms

5.1 Pricing and Quotes

All pricing is provided in U.S. Dollars (USD) and is valid for the duration specified in the quote or proposal. Pricing may vary based on project scope, complexity, and timeline.

5.2 Payment Schedule

Unless otherwise specified in a service agreement:

• A deposit (typically 50%) is required before work begins
• Final payment is due upon project completion and delivery
• For ongoing services, invoices are due within 15 days of receipt

5.3 Late Payments

Late payments may incur a fee of 1.5% per month (or the maximum allowed by law) on outstanding balances. We reserve the right to suspend services for accounts with overdue payments.

5.4 Refunds

Deposits are non-refundable once work has commenced. Refunds for completed work are evaluated on a case-by-case basis and are at our sole discretion.

6. Intellectual Property Rights

6.1 Client-Provided Materials

You retain all ownership rights to content, materials, trademarks, and other intellectual property you provide to us ("Client Materials"). By providing Client Materials, you grant us a non-exclusive, royalty-free license to use, reproduce, modify, and display such materials solely for the purpose of providing our services.

6.2 Deliverables

Upon receipt of full payment, you will own the final deliverables as specified in your service agreement. This includes custom designs, code, and content created specifically for your project.

6.3 Pre-Existing Materials and Third-Party Components

We retain ownership of all pre-existing materials, templates, frameworks, libraries, and tools used in the development process. Third-party components (e.g., fonts, stock images, plugins, frameworks) remain subject to their respective licenses.

6.4 Portfolio Rights

Unless otherwise agreed in writing, we reserve the right to display completed projects in our portfolio, case studies, and marketing materials.

7. Project Timelines and Delivery

Project timelines are estimates based on the scope and requirements outlined at project initiation. Timelines may be affected by:

• Delays in receiving content, feedback, or approvals
• Changes in project scope
• Technical issues beyond our control
• Force majeure events

We will make reasonable efforts to meet agreed-upon timelines but cannot guarantee delivery dates unless explicitly stated in a written agreement.

8. Revisions and Change Requests

The number of revision rounds included in your project is specified in your service agreement. Additional revisions or changes to the project scope may incur additional fees.

We will provide a written estimate for any scope changes before proceeding with the work.

9. Warranties and Disclaimers

9.1 Limited Warranty

We warrant that our services will be performed in a professional and workmanlike manner. For a period of 30 days after project delivery, we will fix any defects or errors in the deliverables at no additional cost, provided the issue is not caused by:

• Modifications made by you or third parties
• Improper use or maintenance
• Third-party services or software
• Hosting or server issues

9.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED ABOVE, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that our services will be uninterrupted, secure, or error-free, or that any defects will be corrected beyond the warranty period.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALWAYS FORWARD DIGITAL, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) our services
• Any conduct or content of any third party
• Any content obtained from our services
• Unauthorized access, use, or alteration of your content

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Always Forward Digital, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of another party
• Content you provide to us

12. Termination

Either party may terminate a service agreement with written notice if:

• The other party materially breaches these Terms
• The other party becomes insolvent or bankrupt
• Mutually agreed upon in writing

Upon termination, you must pay for all work completed up to the termination date. We will deliver all completed work upon receipt of payment. Deposits and payments for completed work are non-refundable.

13. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives termination of the service agreement.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

Any disputes arising from or relating to these Terms or our services shall be resolved through:

1. Good faith negotiation between the parties
2. If negotiation fails, binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Texas
3. As a last resort, litigation in the state or federal courts located in Texas

You agree to submit to the personal jurisdiction of these courts.

15. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet service provider failures.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

17. Entire Agreement

These Terms, together with any service agreements, proposals, or other documents executed by both parties, constitute the entire agreement between you and Always Forward Digital, LLC regarding our services and supersede all prior agreements and understandings.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the new Terms.

19. Contact Information

If you have any questions about these Terms, please contact us: