Part A — Website & Online Purchase Terms
1) Acceptance of Terms
By visiting, purchasing, or using services from fordhaminnovation.com (the “Site”), you agree to these Terms and any order/checkout summary (each, an “Order”). If you don’t agree, don’t use the Site.
2) Eligibility; Business Use
You represent you’re at least 18 and authorized to contract on behalf of your business, if applicable.
3) Accounts & Security
You’re responsible for any credentials you use with our Site or third-party tools (e.g., Stripe, Calendly). Notify us of suspected unauthorized use.
4) Purchases, Payments & Taxes
- Processor. We use Stripe (or similar) to process payments. You may be subject to their terms.
- Prices & Tax. Prices are USD and may exclude taxes unless stated. If Stripe Tax is enabled, taxes are calculated and collected automatically based on your info and our registrations. You’re responsible for any additional duties or taxes.
- Refunds. For packaged services, purchases are non-refundable once work begins (content onboarding, kickoff, or any delivery), except where we can’t deliver the scoped service due to our fault and you allow a reasonable cure. Any discretionary refund may be reduced by processor fees and work completed.
- Chargebacks. Contact us first to resolve issues; we reserve the right to contest chargebacks with proof of delivery.
5) Acceptable Use
Don’t use the Site or our services for unlawful, infringing, deceptive, or harmful purposes (e.g., malware, harassment, IP/privacy violations, discriminatory content, or circumvention of security).
6) Intellectual Property (Site)
The Site, trademarks, logos, and original content we publish are owned by FI or our licensors and protected by law. Don’t copy, modify, or redistribute except as allowed by law or these Terms.
7) Third-Party Services & Links
We may link or connect you to third parties (e.g., hosting, domains, email, analytics, Calendly, Stripe, shipping). Those providers are independent; your use is governed by their terms. We’re not responsible for their acts or omissions.
8) Disclaimers (Public Site)
The Site is provided “as-is.” We disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permitted by law.
9) Limitation of Liability (Public Site)
To the fullest extent permitted by law, FI isn’t liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits/revenue/data. Our total liability relating to the Site or online purchase experience won’t exceed the amount you paid us for the applicable purchase in the 3 months before the claim.
Part B — Service Agreement
1) Scope & Deliverables
The scope, deliverables, and price are defined by your Order (e.g., Launch, Growth, or Commerce package) and any written addenda. Only items expressly listed are included.
2) Client Responsibilities & Dependencies
You will: (a) provide content, product data, brand assets, logins, and decisions promptly; (b) ensure you have rights to all materials you provide; (c) comply with laws (privacy, marketing, accessibility, consumer, tax); and (d) designate a single decision-maker. Delays in content or approvals extend timelines.
3) Ownership & Licenses
- Client Content. You retain all rights to the content you supply.
- Work Product. Upon full payment, you own the final designed website pages, page templates, and original assets we specifically create for you under the Order (excluding FI Tools and third-party components below).
- FI Tools. Our pre-existing tools, snippets, frameworks, and know-how remain ours. We grant you a non-exclusive, worldwide, royalty-free license to use FI Tools embedded in your deliverables as needed to use the delivered site.
- Open-Source/Third-Party Components. These remain subject to their own licenses/terms.
4) Change Requests
Items outside the Order are billable changes. We’ll quote and proceed only with your written approval (email/portal is fine).
5) Timeline; Milestones
We’ll work diligently within the estimated schedule, which depends on your timely inputs. Missed client deadlines or new requests may shift the target launch.
6) Acceptance
A deliverable is “accepted” on the earliest of: (a) your written approval; (b) 7 days after delivery with no written rejection specifying material issues; or (c) your use in production. We’ll fix material non-conformities to the agreed spec at no additional charge during acceptance.
7) Payments; Late Fees
Unless otherwise stated, packaged services are due in full up-front at checkout. Invoices (if any) are net 7 days. Past-due balances may incur the lesser of 1.5% per month or the maximum allowed by law, plus reasonable collection costs.
8) Warranty; Post-Launch Fix Window
For 14 days after launch/acceptance, we’ll correct material bugs caused solely by our code at no charge. This excludes new features, third-party outages, content changes, hosting/DNS/email issues, or changes made by others after delivery.
9) What We Don’t Guarantee
- SEO/Ranking. Best practices, no guaranteed rankings or traffic.
- Legal/Tax/Compliance. We don’t provide legal or tax advice. You’re responsible for policies, regulatory compliance (e.g., privacy, ADA/WCAG), and tax registrations/filings—even if you enable Stripe Tax.
- Third-Party Services. We can’t guarantee uptime, performance, or term/fee changes by third parties.
10) Accessibility
We build mobile-first and follow common accessibility best practices. Formal WCAG conformance audits/remediation are out of scope unless expressly included in your Order.
11) Data Protection
- Roles. You are the Controller; FI is the Processor as needed to set up tools at your direction.
- Your Obligations. Maintain a compliant privacy policy and obtain necessary consents.
- Our Obligations. Use reasonable safeguards and delete client-provided personal data upon request or after completion, subject to legal/backup retention.
12) Confidentiality
Each party will use the other’s non-public information only to perform under the Order and will protect it using reasonable care. Exclusions: info already known, independently developed, public, or rightfully received from a third party.
13) Publicity & Portfolio
Unless you opt out in writing, you grant FI the right to display your name, logo, and non-confidential screenshots of the delivered work in our portfolio and marketing.
14) Subcontractors
We may use vetted subcontractors and remain responsible for deliverables.
15) Term & Termination
- Convenience. Either party may terminate for convenience before work begins for a refund minus non-recoverable costs (e.g., payment fees).
- For Cause. Either party may terminate if the other materially breaches and fails to cure within 10 days of written notice.
- Effect. You’ll pay for work performed up to termination. After payment, we’ll deliver in-progress assets in a reasonable, usable state.
16) Indemnification
- By Client. You’ll defend and indemnify FI from third-party claims arising from your content, products, instructions, or violations of laws/rights.
- By FI. We’ll defend and indemnify you from third-party IP claims alleging the original FI-created deliverables (excluding your content, open-source/third-party components, or changes by others) infringe, if you promptly notify us and allow us to control the defense. Our obligation is to procure rights, modify, or refund a reasonable portion of fees for the affected deliverable.
17) Limitation of Liability (Project Work)
Except for (a) your payment obligations; (b) either party’s breach of confidentiality; (c) your indemnity for your content/instructions; (d) your willful unlawful conduct, each party’s total liability for all claims is limited to the fees paid to FI under the relevant Order. No indirect, incidental, special, consequential, or punitive damages, or lost profits/revenue.
18) Force Majeure
Neither party is liable for delays or failures caused by events beyond reasonable control (e.g., outages, DNS/registrar failures, strikes, disasters). Payment obligations for work already performed still apply.
Part C — DMCA, Notices & General Terms
1) DMCA Notice
If you believe material on a site we host or maintain infringes your copyright, send a notice to our DMCA Agent:
Name/Address/Email:admin@fordhaminnovation.com
Include the elements required by 17 U.S.C. §512(c)(3). We may remove content and/or disable access at our discretion.
2) Governing Law; Venue
These Terms are governed by South Carolina law. Exclusive venue is in the state or federal courts in Charleston County, SC (small-claims permitted). Each party consents to personal jurisdiction there.
3) Independent Contractor
We’re an independent contractor. No partnership, agency, or employment is created.
4) Assignment
You may not assign an Order without our written consent, except to a successor in an acquisition of substantially all your assets. We may assign to an affiliate or in a reorganization.
5) Notices
Notices must be in writing and sent to the contacts above (or updated in writing). Email is acceptable.
6) Order of Precedence
If there’s a conflict: (1) a mutually signed addendum/SOW; (2) your Order/checkout summary; (3) these Terms.
7) Severability; Waiver
If any provision is unenforceable, the rest remains in effect. Failure to enforce isn’t a waiver.
8) Updates to Terms
We may update these Terms for new features or legal reasons. The Effective date will change. Material changes apply to new Orders; ongoing projects will receive notice and a fair path to continue under prior terms or mutually agree to the update.
9) Entire Agreement
These Terms plus your Order are the entire agreement and supersede prior discussions on the same subject.
10) Right to Decline or Discontinue Service
We reserve the right to decline a project, postpone start, or discontinue services where we reasonably believe the engagement is unlawful, unsafe, harassing, fraudulent, involves hateful/abusive content, violates intellectual-property rights, presents a conflict of interest, or where required assets/approvals or payments are not provided. If we discontinue for these reasons, we’ll refund any unused prepaid fees for work not performed, minus non-recoverable third-party charges and work already completed. We do not refuse or limit service on the basis of any characteristic protected by applicable law (for example, race, color, religion, national origin, sex, sexual orientation, gender identity, age, disability, or veteran status). We comply with public-accommodations and disability laws and will provide reasonable modifications to policies, practices, and procedures where required by the ADA. If you need an accommodation to access our services, contact us at Fordhambis@protonmail.com. We may update our eligibility criteria and acceptable-use rules from time to time to keep our services safe and compliant.
11) Code of Conduct
Clients and their representatives must maintain professional, non-abusive communications. Threats, harassment, or discriminatory conduct are grounds for immediate termination of services. By purchasing, you agree to our Terms.