Terms & Conditions

About Desa Digit

Desa Digit provides digital services to businesses, nonprofits, churches, entrepreneurs, organizations, and other clients.

Services may include:

• Website design and development
• WordPress development
• Ecommerce website development
• Landing pages
• Website redesigns
• Website hosting
• Website maintenance
• Local SEO
• Technical SEO
• Content strategy
• Answer Engine Optimization (AEO)
• Generative Engine Optimization (GEO)
• Digital marketing
• Website audits
• Analytics and tracking
• Digital business strategy
• Consulting
• Other related digital services agreed to in writing

Specific services, pricing, timelines, deliverables, and payment terms may be described in a proposal, invoice, order form, written agreement, or other project documentation.

No Guarantee of Business Results

Desa Digit provides professional digital services, but we do not guarantee any specific financial, marketing, search-ranking, traffic, lead-generation, sales, donation, customer-acquisition, or business result.

For example, we do not guarantee:

• First-page Google rankings
• A specific Google Maps position
• Inclusion in Google AI Overviews or AI Mode
• Citation by ChatGPT or other AI systems
• A specific number of leads
• A particular conversion rate
• Increased revenue
• Increased donations
• Increased website traffic
• A particular return on investment

Search engines, social platforms, AI systems, browsers, advertising platforms, algorithms, competitors, consumer behavior, and other third-party systems operate outside Desa Digit's control.

Statements discussing potential results, opportunities, strategies, examples, or case studies should not be interpreted as guarantees.

Client Responsibilities

Clients are responsible for providing the information and materials reasonably necessary to complete their project.

This may include:

• Business information
• Contact information
• Logos
• Photographs
• Service information
• Product information
• Pricing
• Policies
• Branding
• Account access
• Domain access
• Hosting access
• Approvals
• Written content
• Legal disclosures
• Licenses or credentials
• Other requested materials

Clients are responsible for ensuring that information they provide is accurate and that they have the legal right to use any text, photography, trademarks, logos, videos, music, graphics, or other materials supplied to Desa Digit.

Delays in providing materials, approvals, feedback, or access may delay a project's completion.

Client Approval

Desa Digit may request approval at various stages of a project.

Once a client approves content, designs, functionality, pages, integrations, or a final website, the client is responsible for reviewing the approved material for accuracy.

Clients should review items such as:

• Spelling
• Prices
• Phone numbers
• Addresses
• Email addresses
• Staff information
• Service descriptions
• Legal statements
• Product information
• Links
• Business hours
• Forms
• Policies

Changes requested after final approval may constitute additional work and may result in additional fees.

Project Timelines

Any project timeline or launch estimate is an estimate unless specifically guaranteed in a signed written agreement.

Project timelines may be affected by:

• Client response times
• Content availability
• Revisions
• Third-party integrations
• Hosting issues
• Domain issues
• Technical complications
• Platform limitations
• Vendor delays
• Scope changes

Fees and Payment

Clients agree to pay the fees described in their proposal, invoice, order form, checkout page, subscription, or written agreement.

Fees may include:

• Website development fees
• Deposits
• Recurring website-care fees
• Hosting fees
• Maintenance fees
• Consulting fees
• Ecommerce fees
• SEO fees
• Additional development fees
• Third-party software costs
• Domain costs
• Premium plugin costs
• Licensing costs

Unless otherwise stated in writing, invoices are due according to the payment date shown on the invoice.

Desa Digit may pause work, hosting, maintenance, support, or other services when an account is past due.

Recurring Services

Certain Desa Digit services may include recurring monthly or annual payments.

These may include:

• Hosting
• Website care
• Maintenance
• Security
• Technical support
• Software licensing
• SEO
• Content services
• Marketing
• Analytics
• Other recurring services

Recurring services continue until canceled according to the applicable plan, proposal, agreement, or billing arrangement.

Clients are responsible for maintaining a valid payment method when recurring billing is required.

Cancellations and Refunds

Cancellation and refund eligibility may depend on the service purchased and the applicable proposal, invoice, order form, or written agreement.

Unless otherwise agreed in writing:

• Amounts corresponding to work already performed may not be refundable.
• Third-party expenses already incurred on a client's behalf may not be refundable.
• Domain registrations, software licenses, premium plugins, advertising spend, hosting costs, and other third-party purchases may be subject to the provider's own refund rules.
• Recurring service fees already charged for an active billing period may be non-refundable to the extent permitted by law.

If a client cancels a project after work has begun, the client remains responsible for amounts owed for work already performed and approved third-party expenses.

Nothing in this section limits rights that cannot legally be waived under applicable law.

Scope Changes

A project's quoted price is based on the agreed scope.

Requests that materially expand the project may require additional fees.

Examples may include:

• Adding pages
• Adding ecommerce functionality
• Adding booking systems
• Adding membership systems
• Adding multilingual functionality
• Substantial redesigns after approval
• Additional copywriting
• New integrations
• Custom development
• Advanced automation
• Significant additional revisions

Where practical, Desa Digit will notify the client before performing material work outside the agreed scope.

Website Ownership and Intellectual Property

Clients retain ownership of materials they provide to Desa Digit.

Upon full payment, clients receive the ownership or usage rights for final project deliverables as described in their applicable agreement.

Desa Digit retains ownership of its pre-existing intellectual property, including:

• Internal systems
• Development methods
• Templates
• Reusable code
• Frameworks
• Libraries
• Processes
• Design systems
• Automation tools
• Proprietary techniques
• Know-how

Where Desa Digit intellectual property is incorporated into a client's website, the client receives the rights reasonably necessary to use the finished website unless otherwise stated in writing.

Third-party themes, plugins, fonts, stock assets, APIs, software, and other licensed materials remain subject to their respective licenses.

Portfolio Rights

Unless otherwise agreed in writing, the client grants Desa Digit permission to identify the client and display publicly accessible portions of completed work in:

• Portfolios
• Case studies
• Proposals
• Social media
• Presentations
• Promotional materials

Desa Digit will not knowingly disclose confidential business information merely for portfolio purposes.

Clients who require confidential or white-label work should make that requirement known in writing before the project begins.

Domains

Clients are encouraged to own and control their primary domain-name registration.

When Desa Digit assists with a domain, ownership and transfer may be subject to:

• Registrar rules
• Payment status
• Transfer-lock periods
• Verification requirements
• Third-party policies

The client is responsible for keeping domain ownership and contact information current unless Desa Digit has specifically agreed to manage it.

Failure to renew a domain can cause a website and email system to stop working.

Hosting

Where Desa Digit provides or manages hosting, reasonable efforts will be made to maintain availability, security, backups, and performance according to the applicable service.

However, uninterrupted website availability cannot be guaranteed.

Hosting may be affected by:

• Server outages
• Maintenance
• Internet failures
• Cyberattacks
• DNS issues
• Third-party failures
• Software defects
• Plugin conflicts
• Platform outages
• Events beyond our reasonable control

Website Maintenance

Websites require ongoing maintenance.

Software, browsers, WordPress, themes, plugins, APIs, payment systems, hosting environments, and security requirements change over time.

Unless ongoing maintenance is included in the client's plan, Desa Digit is not responsible for future problems caused by changes occurring after delivery.

Maintenance services may include:

• Software updates
• Backups
• Security monitoring
• Compatibility checks
• Minor edits
• Technical troubleshooting
• Performance maintenance

The exact services included depend on the client's plan or agreement.

Third-Party Services

Desa Digit websites may use third-party products or platforms, including:

• WordPress
• Elementor
• WooCommerce
• Shopify
• Google services
• Payment processors
• Email systems
• Analytics tools
• Hosting companies
• Domain registrars
• Plugins
• APIs
• Social platforms
• Scheduling systems
• CRM platforms

Desa Digit does not control these third parties and is not responsible for their:

• Outages
• Policy changes
• Pricing changes
• Account suspensions
• Data practices
• Software defects
• Discontinued features
• Security incidents

Third-party services are also governed by their own terms and policies.

Search Engine Optimization

SEO involves improving a website's accessibility, relevance, structure, content, authority, and user experience.

Search engines determine rankings using systems Desa Digit does not control.

Accordingly, Desa Digit cannot guarantee:

• A specific ranking
• A particular search position
• First-page results
• Google Maps placement
• Traffic levels
• Indexing time
• Continued rankings

Search performance may change because of competition, algorithm updates, website changes, search demand, technical issues, or other factors.

Answer Engine Optimization and AI Search

Desa Digit may provide guidance relating to:

• Answer Engine Optimization (AEO)
• Generative Engine Optimization (GEO)
• AI search visibility
• Structured data
• Content organization
• Entity clarity
• Citation opportunities
• Search-engine accessibility

Accessibility

Desa Digit may apply generally accepted web-design and accessibility practices where appropriate.

However, unless a specific accessibility audit, remediation service, or compliance requirement is included in the project agreement, Desa Digit does not represent that a website will comply with every accessibility law, regulation, guideline, or technical standard.

Clients with specific accessibility obligations should inform Desa Digit before the project begins and obtain appropriate legal guidance.

Privacy and Data

Clients are responsible for determining what privacy notices, cookie disclosures, consent tools, retention policies, terms, or other legal disclosures their business requires.

Desa Digit may assist with implementing provided policies or technical tools, but such assistance does not constitute legal advice.

Clients should consult qualified legal counsel when determining regulatory obligations related to:

• Consumer privacy
• Healthcare information
• Financial information
• Children's data
• International visitors
• Email marketing
• Cookies
• Analytics
• Ecommerce
• Other regulated information

Ecommerce and Payments

Where a website accepts payments, transactions are typically processed by third-party payment providers.

Desa Digit does not directly control those transactions unless specifically stated otherwise.

Clients are responsible for:

• Product information
• Product legality
• Prices
• Taxes
• Shipping
• Refunds
• Returns
• Chargebacks
• Fulfillment
• Applicable consumer laws

Payment-processing providers may impose additional terms and fees.

Legal and Regulatory Compliance

Clients are responsible for ensuring that their business, website, products, services, advertising, content, and activities comply with applicable laws and regulations.

Desa Digit does not provide legal, tax, accounting, medical, financial, or regulatory advice unless specifically qualified and retained to do so.

Prohibited Use

Clients and website visitors may not use Desa Digit services to knowingly engage in:

• Unlawful activity
• Fraud
• Malicious software distribution
• Unauthorized access
• Intellectual-property infringement
• Harassment
• Deceptive impersonation
• Illegal spam
• Activities that intentionally damage networks or systems

Desa Digit reserves the right to refuse or terminate services involving unlawful or abusive activity.

Confidentiality

Each party may receive confidential information in connection with a project.

Both parties should use reasonable care to protect non-public information that a reasonable person would understand to be confidential.

This does not apply to information that:

• Is publicly available
• Was already lawfully known
• Is independently developed
• Is lawfully received from another source
• Must be disclosed by law

Warranties and Disclaimers

To the fullest extent permitted by applicable law, services are provided on an "as is" and "as available" basis except for warranties expressly stated in writing.

Desa Digit does not warrant that:

• Websites will operate without interruption
• Websites will be completely error-free
• Every third-party integration will remain compatible indefinitely
• Search rankings will remain unchanged
• A particular commercial outcome will occur

Nothing in these Terms excludes warranties or legal rights that cannot lawfully be excluded.

Limitation of Liability

To the fullest extent permitted by law, Desa Digit will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from use of its website or services.

This may include lost:

• Profits
• Revenue
• Opportunities
• Data
• Search rankings
• Leads
• Sales

Where liability cannot legally be excluded, Desa Digit's aggregate liability relating to a particular service will generally be limited to the amount paid to Desa Digit for that service during the applicable period giving rise to the claim, except where applicable law requires otherwise.

Indemnification

To the extent permitted by law, clients agree to defend, indemnify, and hold harmless Desa Digit and its members, contractors, employees, and representatives from third-party claims arising from:

• Materials supplied by the client
• The client's products or services
• Infringement caused by client-provided content
• Unlawful use of the website
• Inaccurate business information supplied by the client
• The client's violation of applicable law

Suspension or Termination

Desa Digit may suspend or terminate services when reasonably necessary because of:

• Nonpayment
• Unlawful conduct
• Abuse of systems
• Material violation of these Terms
• Security threats
• Repeated failure to cooperate with necessary project requirements

Where practical, Desa Digit will attempt to provide notice before suspension.

Affiliate or Referral Programs

Desa Digit may operate affiliate, referral, sales, or promotional programs.

Those programs may be governed by separate terms or agreements.

Where separate affiliate or referral terms conflict with these Terms, the program-specific agreement controls for that program.

Electronic Communications

By contacting Desa Digit electronically, submitting a form, booking a consultation, purchasing services, or creating an account, you consent to receiving electronic communications related to that interaction.

Marketing communications may be subject to separate consent and unsubscribe options.

Changes to These Terms

Desa Digit may update these Terms periodically.

The updated version will become effective when posted on the website unless otherwise stated.

The "Last Updated" date at the top of this page shows when the Terms were most recently revised.

Continued use of the website or services after an update may constitute acceptance of revised Terms where permitted by law.

Governing Law

Except where applicable consumer law requires otherwise, these Terms are governed by the laws of the State of Washington, United States, without regard to conflict-of-law principles.

Any dispute that cannot be resolved informally will be handled in an appropriate court with jurisdiction under applicable law.

Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect.

The invalid provision will be interpreted or modified as closely as legally possible to its intended purpose.

Entire Agreement

These Terms, together with any applicable proposal, invoice, order form, service-specific policy, or signed agreement, constitute the agreement between the parties regarding the applicable services.