Terms of Service

Last Updated: 02-17-2026

Welcome to DS Web Design. These Terms of Service (“Terms”) govern your use of our website and services. By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

1. Services

DS Web Design provides web development, logo design, SEO optimization, payment integration, and maintenance and support services. Our services are described in detail on our website.

2. Use of Services

By using our services, you agree to:

  • Provide accurate, current, and complete information about yourself as prompted by our service forms.
  • Maintain the security of your account and accept all risks of unauthorized access to your account and the information you provide to us.
  • Use our services only for lawful purposes and in accordance with these Terms.

3. Payment Terms

  • Payment for services must be made as agreed upon in the project proposal or contract.
  • All fees are non-refundable unless otherwise stated in the contract.
  • Late payments may result in the suspension or termination of services.

4. Client Responsibilities

  • Provide all content, images, and other materials required for the development of the website in a timely manner.
  • Respond to requests for feedback and approvals promptly to ensure the project timeline is met.
  • Ensure that all content provided does not violate any third-party rights or applicable laws.

5. Intellectual Property

  • All content provided by the client remains the property of the client.
  • DS Web Design retains ownership of all code, design, and other deliverables until full payment is received.
  • Upon full payment, ownership of the final website design and deliverables transfers to the client, excluding any third-party software, plugins, licensed assets, or proprietary tools used in development.

6. SEO & Marketing Disclaimer (No Guarantees)

  • DS Web Design provides search engine optimization (SEO), marketing, and digital visibility services based on industry best practices. However, the client acknowledges that search engine rankings, traffic levels, lead generation, and business outcomes are influenced by numerous factors outside of DS Web Design’s control.
  • DS Web Design does not guarantee specific rankings, traffic increases, sales results, or performance outcomes. Any projections or estimates provided are for informational purposes only and do not constitute guarantees.

7. Hosting & Third-Party Service Disclaimer

If hosting, domain registration, email services, plugins, or other third-party tools are used in connection with the client’s website, the client understands that these services are provided by independent third parties. While reasonable efforts will be made to assist with issues, DS Web Design does not guarantee uninterrupted service availability.

DS Web Design is not responsible for:

  • Service outages
  • Downtime
  • Security breaches originating from third-party providers
  • Software bugs or compatibility issues
  • Platform policy changes

8. Third-Party Plugins, Software, and Updates

Websites may rely on third-party plugins, themes, APIs, or software components. DS Web Design is not responsible for:

  • Plugin vulnerabilities
  • Software conflicts
  • Licensing changes
  • Feature removals
  • Unexpected behavior due to updates
  • Ongoing compatibility and maintenance may require additional paid services.

9. Client Content Responsibility

The client is solely responsible for all content provided to DS Web Design, including but not limited to:

  • Text
  • Images
  • Videos
  • Logos
  • Documents
  • Trademarks
  • Copyrighted materials

The client warrants that they have the legal right to use all provided content. DS Web Design is not liable for any claims, damages, or legal disputes arising from client-supplied materials.

10. Payment Disputes & Chargebacks

The client agrees not to initiate payment chargebacks or disputes without first contacting DS Web Design to attempt resolution.
If a chargeback or payment dispute is initiated:

DS Web Design reserves the right to suspend services immediately
Remove or disable website access
Pursue recovery of unpaid balances
Recover reasonable collection or legal costs

All work completed prior to the dispute remains billable.

11. Maintenance & Support Scope

Maintenance or support plans include only the services explicitly described in the selected plan.
Maintenance does not include:

  • Major redesigns
  • New feature development
  • Advanced SEO campaigns
  • Content creation beyond agreed limits
  • Emergency fixes caused by third-party changes
  • Issues resulting from client modifications
  • Additional work outside the maintenance scope will be billed at the standard hourly rate of $150/hour unless otherwise agreed in writing.

12. Website Suspension for Non-Payment

DS Web Design reserves the right to suspend hosting, maintenance, or website access for accounts with overdue balances until payment is received.

13. Confidentiality

Both parties agree to keep confidential all information disclosed during the term of the project. This includes, but is not limited to, business information, technical data, and other proprietary information.

14. Limitation of Liability

In no event will DS Web Design be liable to the client or any third party for any indirect, incidental, special, consequential, or punitive damages arising out of or related to these Terms or the services provided.

DS Web Design shall not be liable for any business losses, lost revenue, lost profits, lost rankings, missed opportunities, or marketing performance outcomes resulting from the use or inability to use the services provided.

15. Termination

Either party may terminate the agreement at any time with written notice. Upon termination, the client agrees to pay for all services rendered up to the date of termination.

16. Governing Law

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

17. Changes to Terms

DS Web Design reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the services after any such changes constitutes your acceptance of the new Terms.

18. Contact Us

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

DS Web Design
Email: info@davidshawwebdesign.com
Phone: (503) 877-4383
Address: 3236 Harold Dr NE Salem, OR 97305

(503) 877-4383
(503) 877-4383
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