Terms of Service
These Terms of Service ("Terms") govern the web-design and related services provided by Pergola Performance ("we", "us", "our") to you ("Client"). By hiring us or paying an invoice or deposit, you agree to these Terms.
1. Services
We design, build, host, and maintain websites and related digital services. The specific scope of any project is defined in the quote or proposal we agree on. Anything not listed in that scope is considered additional work and quoted separately.
2. Quotes, payment & deposits
- Project pricing is provided as a setup fee plus a monthly plan for hosting, management, and support, as shown on our pricing page or in your quote.
- A 50% deposit is due before work begins; work starts once it clears. The remaining balance is due on approval, before the site goes live.
- Payments are processed securely through Stripe. By paying, you authorize the charge and agree to these Terms.
- Monthly plans bill automatically until cancelled per the policy below.
3. Refund & cancellation
- The deposit is non-refundable once work has begun, as it reserves our time.
- If you cancel mid-project, you pay for the work completed up to that point.
- Monthly fees already paid are not refunded, but you may cancel future months with 14 days' notice. Cancelling ends hosting and management; you are responsible for moving the site if you leave.
- If a draft is sent and you do not provide approval or a consolidated revision list within 7 days, that draft is considered approved and final payment becomes due.
4. Client responsibilities & content
You agree to provide the content we need (logo, photos, text, logins) in a timely manner. You represent that you own or have the rights to all content you give us, and you agree to indemnify us against any claim arising from that content. Projects delayed waiting on content may be paused and rebooked.
5. Ownership & portfolio
All work remains our property until final payment is received in full, at which point ownership of the final delivered site transfers to you. We may display the work in our portfolio and reuse generic code and techniques not unique to you.
6. Maintenance & third-party services
Monthly plans cover hosting, commercially reasonable security and uptime efforts, and minor content edits. We do not guarantee uninterrupted service, specific uptime, or that a site cannot be compromised. Our services depend on third parties (Stripe, Cloudflare, Google); we are not responsible for their outages, changes, or failures.
7. No guarantee of results; limitation of liability
We build and maintain your website but do not guarantee any specific business outcome, including search ranking, traffic, leads, or sales. To the fullest extent allowed by law, our total liability for any claim is limited to the amount you paid us in the three months before the claim, and we are not liable for indirect or consequential damages, including lost profits or data.
8. Governing law
These Terms are governed by the laws of the State of Florida. Any dispute will first be addressed in good faith, then by mediation, before any court action, which will be brought in Florida.
9. Changes
We may update these Terms from time to time. The "last updated" date above reflects the current version.
10. Contact
Questions? Email pergolaperformance@gmail.com.