Terms of Service

1. Acceptance of Terms

By accessing and using Diamondback Coding's website (diamondbackcoding.com) or engaging our web development services, you accept and agree to be bound by these Terms of Service and our Privacy Policy. These Terms apply to all visitors, users, and clients of our services nationwide.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Services

Diamondback Coding provides web development and design services for businesses across the United States, including but not limited to:

• Website Design & Development: Custom website design and development tailored to your business needs
• E-Commerce Solutions: Online store development with Shopify, WooCommerce, and custom platforms
• Web Applications: Custom web application development using modern frameworks
• Landing Pages: High-converting landing page creation for marketing campaigns
• Website Optimization: Website redesign, performance optimization, and modernization
• CRM Solutions: Customer relationship management system development and integration
• SEO Services: Search engine optimization and digital marketing services
• Maintenance & Support: Ongoing website maintenance, updates, and technical support
• Hosting & Deployment: Website hosting, deployment, and infrastructure management

Specific services, deliverables, timelines, and pricing will be outlined in individual project agreements or statements of work.

3. Client Responsibilities

3.1 Content and Materials

You are responsible for providing:

• All text, images, logos, videos, and other content for your website in a timely manner
• Legal rights, licenses, and permissions for all materials provided
• Accurate and truthful information about your business, products, and services
• Timely feedback, revisions, and approvals at designated project milestones
• Brand guidelines, style preferences, and design direction

3.2 Communication and Collaboration

Clients agree to:

• Respond to requests for information, feedback, and approvals within a reasonable timeframe (typically 3-5 business days)
• Designate a primary point of contact with decision-making authority for the project
• Attend scheduled meetings, review sessions, and project check-ins
• Provide constructive, specific feedback in a timely and professional manner
• Consolidate feedback from multiple stakeholders before providing revisions

3.3 Third-Party Services

You are responsible for:

• Obtaining and maintaining your own domain name registration
• Providing access credentials to necessary third-party accounts (hosting providers, email services, analytics platforms, etc.)
• Paying for any third-party services, subscriptions, or licenses required for your project
• Ensuring compliance with terms of service for all third-party platforms you use

4. Payment Terms

4.1 Pricing and Invoicing

Project pricing will be clearly outlined in your project proposal, contract, or statement of work. Unless otherwise specified in writing:

• No upfront payment required: No payment is required before work begins on your project
• Payment upon completion: Full payment (100%) is due upon project completion and delivery
• Invoice issuance: An itemized invoice will be issued upon completion of the project
• Payment due date: Invoices are payable within 14 calendar days of receipt
• Late payment fees: Late payments may incur a 1.5% monthly interest charge (18% APR)
• Payment methods: We accept payment via bank transfer, credit card, PayPal, and other approved methods

4.2 Scope Changes and Additional Work

Work beyond the original project scope will be billed separately:

• Additional features, pages, or functionality not included in the original agreement
• Revisions exceeding the number included in your package
• Emergency or expedited work requests
• Post-launch updates and modifications

You will be notified in writing and must approve any additional charges before such work begins. Additional work is typically billed at our standard hourly rate or as agreed upon in writing.

4.3 Refund Policy

Due to the custom, time-intensive nature of our web development services:

• No refunds for completed work: No refunds will be issued for work that has been completed and delivered
• Cancellation before completion: If a project is canceled before completion, you will only be billed for work completed up to the termination date at our standard rates
• Unpaid invoices: Any unpaid invoices for completed work remain due and payable regardless of project status
• Satisfaction guarantee: We work with you to ensure satisfaction through revisions during the agreed-upon revision period

5. Project Timeline and Delays

We will make commercially reasonable efforts to complete your project within the estimated timeline provided. However:

• Estimates, not guarantees: All timelines are estimates and not firm delivery guarantees unless explicitly stated in a contract
• Client-caused delays: Delays caused by late client feedback, slow content delivery, scope changes, or approval delays may extend the project timeline
• Force majeure: We are not liable for delays caused by circumstances beyond our reasonable control (natural disasters, pandemics, infrastructure failures, etc.)
• Extended client delays: Significant delays in client response or content provision (30+ days without communication) may result in project suspension, timeline reset, or project cancellation
• Timeline adjustments: Timeline changes will be communicated promptly and documented in writing

6. Intellectual Property Rights

6.1 Client Ownership

Upon receipt of full payment for the project, you own:

• Custom design elements, graphics, and visual assets created specifically and exclusively for your project
• All content, text, images, and materials you provided to us
• Final delivered website files, custom code, and project deliverables
• The right to modify, update, and maintain your website

6.2 Diamondback Coding Rights

Diamondback Coding retains ownership and rights to:

• Pre-existing code, frameworks, libraries, and development tools used across multiple projects
• Design templates, code snippets, and reusable components from our library
• General methodologies, processes, techniques, and know-how
• The right to showcase your project in our portfolio, case studies, and marketing materials (unless explicitly prohibited in writing)
• The right to create derivative works for other clients using similar approaches

6.3 Third-Party Assets and Licenses

Some projects may include third-party assets such as:

• Premium fonts, icon sets, and stock photography
• WordPress themes, plugins, or extensions
• JavaScript libraries, frameworks, and packages
• SaaS platform integrations and APIs

These assets have their own licensing terms. You are responsible for complying with these licenses and may need to purchase separate licenses for commercial use.

7. Warranties and Disclaimers

7.1 Our Warranties

Diamondback Coding warrants that:

• Professional standards: All services will be performed in a professional, workmanlike manner consistent with industry standards
• Workmanship guarantee: Delivered work will be free from defects in workmanship for 30 days after project completion
• Original work: All custom code and designs will be original or properly licensed
• Functional delivery: The website will function as described in the project scope at the time of delivery

7.2 Client Warranties

You warrant and represent that:

• You have legal rights to all content, trademarks, and materials provided to us
• Your content does not infringe on any third-party intellectual property rights
• All information provided is accurate, current, and not misleading
• You have authority to enter into this agreement on behalf of your organization
• Your use of our services complies with all applicable laws and regulations

7.3 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

We specifically disclaim:

• Any warranty of merchantability or fitness for a particular purpose
• Guarantees of specific search engine rankings or traffic results
• Warranties regarding third-party services, hosting, or platforms
• Guarantees of error-free or uninterrupted service

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Liability cap: Our total liability for any claims arising from or related to this agreement shall not exceed the total amount paid by you for the specific project giving rise to the claim
• No consequential damages: We are not liable for any indirect, incidental, special, consequential, or punitive damages
• No business losses: We are not liable for loss of profits, revenue, data, business opportunities, or goodwill
• Third-party issues: We are not responsible for issues caused by third-party services, hosting providers, or platforms
• Client content: We are not liable for any damages resulting from content you provide or actions you take

9. Indemnification

You agree to indemnify, defend, and hold harmless Diamondback Coding, its officers, employees, contractors, and affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

• Your breach of these Terms of Service
• Content you provide that infringes on third-party intellectual property rights or violates applicable laws
• Your use or misuse of the website, services, or delivered products
• Any illegal, harmful, or prohibited content on your website
• Your violation of any laws or regulations
• Third-party claims related to your business or website

10. Confidentiality

Both parties agree to:

• Keep confidential any proprietary, sensitive, or confidential information shared during the project
• Not disclose confidential information to third parties without written permission
• Use confidential information only for purposes related to the project
• Return or destroy confidential information upon project completion or termination

This confidentiality obligation does not apply to information that: (a) is publicly available, (b) was known prior to disclosure, (c) is independently developed, or (d) must be disclosed by law.

11. Termination

11.1 Termination by Client

You may terminate the project at any time with written notice. Upon termination:

• You will be billed for all work completed up to the termination date at our standard rates
• Payment for completed work is due within 14 days of invoice receipt
• You will receive all files and deliverables for work that has been completed and paid for
• No refunds will be issued for completed work

11.2 Termination by Diamondback Coding

We reserve the right to terminate the project immediately if:

• Payment is not received within 30 days of the invoice due date
• You materially breach these Terms
• You request illegal, unethical, or prohibited work
• Communication ceases for more than 30 days without explanation
• You engage in abusive, threatening, or unprofessional conduct

12. Support and Maintenance

12.1 Post-Launch Support

• Bug fixes: We will fix any bugs or errors that were present at the time of launch for 30 days post-launch at no additional charge
• Training: Basic training on how to update and maintain your website is included
• Documentation: We provide documentation for custom features and functionality

12.2 Ongoing Maintenance

• Extended support and maintenance plans are available for purchase separately
• Emergency or priority support may be available for additional fees
• Updates, enhancements, and new features beyond the original scope are billed separately
• Third-party plugin/theme updates and compatibility fixes may require additional charges

13. Website Use and Conduct

When using our website or services, you agree not to:

• Use the site for any illegal purposes or to violate any laws
• Attempt to hack, disrupt, or gain unauthorized access to our systems
• Upload or transmit viruses, malware, or other malicious code
• Harvest, scrape, or collect data from our website without permission
• Impersonate any person or entity or misrepresent your affiliation
• Spam, harass, threaten, or abuse our staff or other users
• Interfere with the proper functioning of the website
• Violate any intellectual property rights

14. Force Majeure

Neither party shall be liable for failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to:

• Natural disasters, acts of God, severe weather
• War, terrorism, civil unrest
• Pandemics, epidemics, public health emergencies
• Government actions, laws, or regulations
• Internet or telecommunications failures
• Power outages or infrastructure failures

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes constitute acceptance of the modified Terms. For active projects, existing agreements remain subject to the terms in effect when the project began unless both parties agree otherwise in writing.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Texas, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Texas, and the parties hereby consent to personal jurisdiction and venue therein.

17. Dispute Resolution

In the event of any dispute arising from these Terms:

• Good faith negotiation: Parties agree to first attempt to resolve disputes through good-faith negotiation
• Mediation: If negotiation fails, parties agree to non-binding mediation before pursuing litigation
• Attorney's fees: The prevailing party in any legal action may be entitled to recover reasonable attorney's fees and costs

18. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, such provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it will be severed from these Terms. The remaining provisions shall remain in full force and effect.

19. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20. Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets, or by operation of law.

21. Entire Agreement

These Terms, together with our Privacy Policy and any project-specific contracts or statements of work, constitute the entire agreement between you and Diamondback Coding regarding the use of our website and services, and supersede all prior agreements, understandings, and communications, whether written or oral.

22. Contact Information

If you have questions, concerns, or disputes regarding these Terms of Service, please contact us:

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