Terms & Conditions

Last Updated: February 2026

These Terms and Conditions ("Terms") govern all services provided by Coleman SiteWorks, LLC ("Agency") to the undersigned client ("Client"). By accepting, paying, or otherwise authorizing an invoice issued by the Agency, Client agrees to be bound by these Terms.

1. STATEMENT OF WORK

Services provided by the Agency shall be limited to those expressly described in the applicable invoice, proposal, or written description (the "Statement of Work" or "SOW").

The SOW may include, but is not limited to:

  • Website design and development
  • Content creation or configuration
  • Website launch and deployment
  • Configuration of third-party platforms
  • Optional add-on services including hosting, maintenance, AI tools, email configuration, or ongoing support

Any services requested outside the agreed SOW shall require written approval and may be subject to additional fees.

No Warranties. All services, deliverables, websites, content, configurations, templates, code, and outputs provided by the Agency are delivered "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, statutory, or otherwise.

2. PAYMENT TERMS

  • All fees are due in accordance with the terms stated on the invoice.
  • One-time build or setup fees are non-refundable once work has commenced.
  • Recurring services, if applicable, shall be billed on a monthly basis.
  • Failure to remit payment may result in suspension or termination of services, including hosting, maintenance, or support.

3. THIRD-PARTY PLATFORMS AND SERVICES

Client acknowledges that the Agency utilizes third-party platforms, software, and service providers in the delivery of its services, including but not limited to website builders, hosting providers, domain registrars, email providers, analytics services, and AI or automation tools.

The Agency does not own, control, or warrant the performance of any third-party service and shall not be liable for outages, errors, pricing changes, policy updates, or service interruptions caused by such providers.

Client is responsible for fees associated with third-party services (including domain registration and hosting), unless expressly included in a written Statement of Work.

4. ACCESSIBILITY AND ADA DISCLAIMER

The Agency may implement accessibility-related features or best practices when requested or included within the SOW. However:

  • The Agency does not guarantee that any website will be fully compliant with the Americans with Disabilities Act (ADA), WCAG guidelines, or any other federal, state, or local accessibility laws or regulations.
  • Accessibility requirements and legal interpretations are subject to change and vary by jurisdiction.
  • Final responsibility for legal compliance rests solely with the Client.

The Agency does not provide legal advice regarding accessibility or regulatory compliance.

4.1 NO ONGOING DUTY

Unless expressly agreed in writing, the Agency has no obligation to monitor, update, remediate, revise, or maintain Client's website or services for changes in law, regulation, accessibility standards, platform behavior, third-party requirements, or legal interpretations after delivery or launch.

5. INDEMNIFICATION

Client agrees to defend, indemnify, and hold harmless the Agency, its owners, employees, contractors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Client's business operations or services
  • Content provided, approved, or published by Client
  • Alleged violations of ADA, accessibility laws, privacy laws, or regulations
  • Use or misuse of third-party platforms or integrations
  • Email communications, marketing campaigns, or automation activities
  • AI-powered tools or automated systems implemented at Client's request

This indemnification obligation shall survive termination or completion of services.

6. EMAIL SERVICES

If the Agency assists with email setup, forwarding, or configuration, Client acknowledges that:

  • Email hosting is provided by third-party email service providers, not the Agency.
  • Email services are billed separately from website build and maintenance fees.
  • The Agency is not responsible for email delivery failures, spam filtering, data loss, security breaches, or account suspensions caused by third-party providers.

7. AI AND AUTOMATION TOOLS

If AI-powered tools or automated systems are implemented:

  • Such tools are provided to assist Client operations and are not a substitute for human oversight.
  • The Agency does not guarantee accuracy, completeness, or appropriateness of AI-generated content or responses.
  • Client remains solely responsible for monitoring outputs and ensuring compliance with applicable laws and regulations.

8. OWNERSHIP AND USE

  • Upon receipt of full payment, Client shall own the website content created specifically for Client, excluding third-party licensed assets.
  • The Agency retains the right to display completed work in its portfolio or marketing materials unless otherwise agreed in writing.
  • If recurring fees are not paid, the Agency reserves the right to suspend or terminate hosting, platform access, or support services.

9. LIMITATION OF LIABILITY

To the maximum extent permitted by law, the Agency shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits or business interruption.

The Agency's total aggregate liability arising out of or related to services provided shall not exceed the total fees paid by Client to the Agency during the three (3) months immediately preceding the event giving rise to the claim.

10. TERMINATION

Either party may terminate services in accordance with the terms outlined in the applicable SOW or invoice. All outstanding balances shall remain due and payable upon termination.

11. GOVERNING LAW AND VENUE

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

Any legal action arising from these Terms shall be brought exclusively in a court of competent jurisdiction located within the State of Illinois.

12. ACCEPTANCE

Payment of an invoice or authorization of services constitutes Client's acknowledgment and acceptance of these Terms and Conditions.

Questions About Our Terms?

We're happy to clarify any questions you have about our terms and conditions before you get started.