Last Updated: October 28, 2025

This Terms & Conditions Agreement (“Agreement”) sets forth the terms under which Sam Perih Art & Design (“Designer,” “we,” or “us”) provides website design, development, and maintenance services (“Services”) to the client (“Client,” “you,” or “your”). By engaging our Services, you agree to be bound by this Agreement.

Definitions

• 1.1 Services – Website design, development, and/or maintenance work as described in a project proposal, scope of work, or service plan.

• 1.2 Deliverables – Any completed designs, code, files, or materials produced as part of the Services.

• 1.3 Client Content – Any text, images, logos, or other materials provided by the Client for use in the Deliverables.
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1.4 Third-Party Assets – Stock images, fonts, plugins, software, or other licensed materials not created by the Designer.

Scope of Services

• 2.1 Design & Development – We will provide website design and/or development services as set forth in the agreed proposal.


• 2.2 Maintenance – Ongoing maintenance (such as updates, backups, bug fixes, and security patches) will be provided if included in the service plan.
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2.3 Additional Work – Any work beyond the agreed scope will be billed at our standard rate unless otherwise agreed in writing.

Client Responsibilities

• 3.1 Content – The Client must provide all necessary content in a timely manner.
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3.2 Approvals – The Client agrees to review and approve Deliverables promptly. Delays in feedback may affect project timelines.

• 3.3 Licenses & Permissions – The Client represents and warrants that all Client Content is owned by the Client or that the Client has appropriate licenses and permissions to use it.

Payment Terms

• 4.1 Fees – Fees will be as outlined in the proposal or invoice.

• 4.2 Deposit – A non-refundable deposit of 50% is required before work begins.

• 4.3 Final Payment – The remaining balance is due upon project completion, prior to website launch or file transfer.

• 4.4 Late Payment – Unless waived in writing, late payments may incur interest of 2% per month and/or suspension of Services.

Revisions & Changes

• 5.1 Included Revisions – The project includes two rounds of revisions per deliverable.


• 5.2 Extra Revisions – Additional revisions beyond the included rounds will be billed separately.

Intellectual Property

• 6.1 Ownership – Upon full payment, the Client owns the final Deliverables.

• 6.2 Designer Rights – We retain the right to display Deliverables in our portfolio and promotional materials.

• 6.3 Third-Party Assets – Licenses for stock images, fonts, plugins, or software may carry their own terms and may not transfer to the Client.

Hosting & Domains

• 7.1 Hosting – Unless otherwise agreed, the Client is responsible for purchasing and maintaining hosting and domains.

• 7.2 Maintenance Clients – If hosting is provided under a maintenance plan, we are not liable for downtime or outages outside our reasonable control.

Warranties & Liability

• 8.1 Best Efforts – We will perform Services with reasonable skill and care.
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8.2 No Guarantee – We do not guarantee specific business outcomes such as search engine rankings, sales, or traffic.

• 8.3 Limitation of Liability – Our liability is limited to the total amount paid by the Client for the Services. We are not liable for indirect, incidental, or consequential damages.

Termination

• 9.1 By Client – The Client may terminate this Agreement at any time by written notice. Work completed up to termination will be invoiced. Deposits are non-refundable.
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9.2 By Designer – We may terminate this Agreement if the Client fails to pay, breaches these terms, or engages in unlawful or unethical activity.

Confidentiality

Both parties agree to keep confidential any non-public information shared during the project, except where disclosure is required by law.

Governing Law

This Agreement shall be governed by the laws of Fairfax, Virginia, USA. Any disputes shall be subject to the jurisdiction of the courts in Fairfax, Virginia, USA.

Dispute Resolution

Any dispute arising under or relating to this Agreement shall first be submitted to mediation in good faith. If mediation fails, the dispute shall be resolved by binding arbitration in Fairfax, Virginia, USA, in accordance with the rules of a recognized arbitration organization mutually agreed upon by the parties at the time of the dispute. If the parties cannot agree, the arbitration shall proceed under the rules of the American Arbitration Association (AAA) by default. Judgment on the award may be entered in any court of competent jurisdiction.

Force Majeure

Neither party shall be liable for delays or failure to perform due to causes beyond reasonable control, including acts of God, internet or hosting outages, strikes, government restrictions, or natural disasters.

Data Protection

If Services involve the collection or processing of personal data, both parties agree to comply with applicable data protection laws, including GDPR and/or CCPA where applicable. The Client is responsible for ensuring their website’s privacy policy and legal compliance.

Entire Agreement

This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, discussions, or understandings.

✦ By paying the deposit or engaging our Services, the Client acknowledges they have read, understood, and agree to these Terms & Conditions.