Terms of Service

1. About CalDesign

CalDesign is a web design, development, and digital marketing agency based in Las Vegas, Nevada, USA (“CalDesign”, “we”, “us”, “our”). These Terms of Service govern (a) your use of caldesign.co (the “Site”) and (b) any professional services CalDesign provides to you under a separate project agreement (a “Project Agreement”). By using the Site or engaging our services, you accept these Terms in full.

2. Services scope and deliverables

The specific deliverables, timeline, and pricing for each engagement are set out in the Project Agreement issued to you before work begins. CalDesign will use commercially reasonable efforts to deliver all agreed deliverables by the dates specified. Scope changes requested after a Project Agreement is signed are subject to a written change order and may affect the delivery timeline and total fee.

3. Payment terms

Unless stated otherwise in your Project Agreement:

• A non-refundable deposit of 50% of the total project fee is due before work begins.
• The remaining 50% is due on the date your project is delivered or goes live, whichever is earlier.
• Monthly retainer fees (SEO, Social Media, Maintenance) are invoiced in advance and due within 7 days of the invoice date.
• Invoices not paid within 14 days of their due date accrue interest at 1.5% per month.
• All fees are quoted and billed in US Dollars (USD).
• Accepted payment methods: major credit and debit cards, ACH bank transfer, and wire transfer.

4. Intellectual property

Your IP: You retain ownership of all content, trademarks, logos, and materials you provide to CalDesign for use in your project.

Project deliverables: Upon receipt of final payment in full, CalDesign assigns to you all intellectual property rights in the custom deliverables created specifically for your project, including design files, source code, and written content. This assignment is worldwide, perpetual, and irrevocable.

CalDesign IP: CalDesign retains ownership of its pre-existing tools, frameworks, libraries, and methodologies. Where these are incorporated into your deliverables, CalDesign grants you a perpetual, royalty-free licence to use them as part of the delivered project.

5. Revisions

Each project includes the number of revision rounds stated in the Project Agreement. Additional revision rounds beyond the included allowance are billed at $150 per hour. CalDesign will notify you before any additional charges are incurred.

6. Client responsibilities

To enable CalDesign to meet agreed timelines, you agree to:

• Provide all required content, assets, and access credentials promptly.
• Provide consolidated feedback within the timeframes agreed in your Project Agreement.
• Designate a single point of contact with authority to approve deliverables.

Delays caused by late provision of materials or feedback will extend the delivery timeline by an equivalent period and may result in additional fees.

7. Confidentiality

Both parties agree to keep confidential any non-public information disclosed during the engagement and to use such information only for the purposes of the project. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

8. Termination

By you: You may cancel a project at any time by written notice. The 50% deposit is non-refundable. If work completed at the time of cancellation exceeds 50% of the project value, you will be invoiced for the additional work completed at a pro-rata rate, payable within 14 days.

Monthly retainers: Either party may terminate a monthly retainer with 30 days written notice. No long-term lock-in applies.

By CalDesign: CalDesign may suspend or terminate services immediately if you breach these Terms, including failure to make payment, and such breach is not remedied within 7 days of written notice.

9. Limitation of liability

To the maximum extent permitted by applicable law:

• CalDesign is not liable for any indirect, incidental, consequential, or punitive damages, including lost profits or lost data, arising from or related to your project or use of the Site.
• CalDesign's total liability for any claim arising from a project engagement shall not exceed the total fees paid by you for that engagement in the 12 months preceding the claim.
• CalDesign makes no warranties that websites or applications delivered will achieve specific traffic, conversion, or revenue targets. Results described in our portfolio reflect individual project outcomes and are not a guarantee of future results.

10. Site use

All content on the Site, including text, graphics, and code, is owned by CalDesign or its licensors and protected by US and international copyright law. You may not reproduce, distribute, or create derivative works from any Site content without prior written permission.

11. Governing law and disputes

These Terms are governed by the laws of the State of Nevada, USA, without regard to its conflict of law provisions. Any dispute arising from these Terms or a project engagement shall first be subject to good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association, conducted in Clark County, Nevada.

12. Changes to these terms

CalDesign may update these Terms at any time. The date at the top of this page reflects the most recent revision. Continued use of the Site or our services after changes are posted constitutes acceptance of the revised Terms. Changes do not affect project agreements already in effect unless agreed in writing by both parties.

13. Contact

Questions about these Terms? Email us at info@caldesign.co or write to CalDesign, 8665 W Flamingo Rd, Las Vegas, NV 89147.