Terms and Conditions

Effective date: September 2, 2025
These Terms & Conditions (“Terms”) govern your access to and use of silverhorizonwebdesign.nyc (the “Site”) and your purchase of services from Silver Horizon Web Design (“Silver Horizon,” “we,” “us,” or “our”). By using the Site, requesting a proposal, or signing a Statement of Work (“SOW”), you agree to these Terms.
If anything here is unclear, reach us at info@silverhorizonwebdesign.nyc.

1) Who we are
Silver Horizon Web Design is a web design and development studio based in Brooklyn, New York.

2) How these Terms work with proposals & SOWs
For any paid project, we’ll provide a written proposal and/or SOW describing scope, timeline, and pricing. If there’s a conflict, the SOW controls for that project, and these Terms apply to everything else.

3) Using our Site
You agree not to misuse the Site, try to break security, scrape content, or interfere with other users. We may update or suspend the Site at any time.

4) Quotes, scope & changes
Quotes/Estimates. Unless stated otherwise, quotes are valid for 14 days.
Scope. Only what’s listed in the SOW is included.
Change requests. Added features/extra pages/integrations are handled via change orders and may impact cost and timelines.
Assumptions. Our pricing assumes timely client feedback, content delivery, and access to accounts/tools.

5) Client responsibilities
To keep your project on track, you agree to:
Provide content, brand assets, logins, and approvals on time.
Ensure all content you supply is accurate and that you have the right to use it.
Appoint one point of contact for decisions and feedback.
Review deliverables and give consolidated feedback within the timeframes in the SOW (typically 3–5 business days).
Delays in content, feedback, or access may push deadlines. If a project is inactive for 14+ days, we may pause it and charge a reactivation fee to resume.

6) Payments, deposits & refunds
Deposit. Projects usually require a non-refundable deposit (commonly 30–50%) to start.
Invoices. Remaining amounts are billed per the SOW (e.g., milestones or monthly).
Due date. Invoices are due upon receipt unless the SOW states otherwise (often Net 7–14).
Late payments. We may charge the lesser of 1.5% per month or the maximum allowed by law and may pause work/disable access for non-payment.
Refunds. Because our work is time and expertise, payments are generally non-refundable. If a refund is required by law, it will exclude work already performed, third-party fees, and committed costs.
Expenses. Third-party costs (fonts, stock, plugins, paid APIs, ads, etc.) are billed to you or passed through at cost.

7) Intellectual property (IP)
Your content. You keep ownership of the content, trademarks, and materials you provide. You grant us a nonexclusive license to use them to complete the project and to showcase the work (see §14).
Our pre-existing IP & tools. We keep ownership of our libraries, frameworks, templates, and know-how. We may license these to you to enable your website to operate.
Project deliverables. Upon full payment, we assign to you the rights to the final website design and code specifically created for your project (excluding third-party materials and our pre-existing IP).
Third-party materials. Some deliverables may include open-source code, fonts, stock images, plugins, or services subject to their own licenses/terms. Your use must follow those licenses.
Portfolio credit. We may include a small “Designed by Silver Horizon Web Design” credit link in the site footer and show the work in our portfolio unless you request removal in writing (which may involve a small fee).

8) Acceptance & revisions
We’ll provide staged deliverables (sitemaps, wireframes, designs, prototypes, code). Each stage includes one or more revision rounds as defined in the SOW. A deliverable is considered accepted when you approve it in writing or after the review window passes without requested changes.

9) Browser, device & accessibility support
We design for modern, evergreen browsers and common mobile devices as specified in the SOW.
We follow accessibility best practices. Formal WCAG conformance (e.g., WCAG 2.1 AA) is only guaranteed if included in scope, with testing and remediation budgeted.

10) Hosting, domains & maintenance
Unless your SOW includes hosting, domains, email, or maintenance, you are responsible for purchasing and managing them.
If we host/manage your site, our Service Level is described in the SOW. Uptime depends on third-party providers.
Backups and security are provided only if listed in the SOW or a maintenance plan. We are not responsible for data loss, breaches, or downtime caused by third parties or credentials we did not control.

11) SEO, analytics & marketing disclaimers
We use SEO best practices, but rankings and traffic are not guaranteed.
Analytics and tracking depend on third-party tools; data may be delayed or limited by browser/privacy settings.
Ads performance varies and is not guaranteed.

12) Confidentiality
Each party may access confidential information (business plans, logins, source files). We’ll use it only to deliver the project and keep it reasonably secure. This does not apply to information that is public, independently developed, or legally obtained from others.

13) Non-solicitation
During the project and for 12 months after, you agree not to directly hire or solicit our employees or contractors who worked on your project without our written consent.

14) Publicity & portfolio
We may display your project (screenshots, logos, brief description) in our portfolio, proposals, and social channels. If you require confidentiality, tell us in writing before the project begins.

15) Legal compliance & special data
If your project involves regulated data (e.g., health, financial, minors, government), tell us in advance. Additional agreements (e.g., DPA/BAA), security measures, and fees may be required. We do not provide legal or compliance advice.

16) Warranties & disclaimers
We warrant we will perform services in a professional and workmanlike manner.
EXCEPT AS EXPRESSLY STATED, THE SITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT).

17) Limitation of liability
To the maximum extent allowed by law, our total liability for any claim arising out of these Terms, the Site, or any SOW is limited to the amount you paid us in the 12 months before the event giving rise to the claim. We are not liable for lost profits, lost data, loss of goodwill, downtime, or any indirect, incidental, consequential, or special damages.

18) Indemnification
You agree to indemnify and hold Silver Horizon (and our owners, employees, and contractors) harmless from claims, damages, and costs arising from:
(a) content or materials you provide;
(b) your misuse of the Site or services;
(c) your violation of laws or third-party rights; or
(d) your use of third-party services or licenses.

19) Third-party services
Your site may rely on third-party services (hosting, CMS, plugins, payment gateways, APIs, analytics, email, etc.). Their terms, pricing, and availability can change. We are not responsible for outages or changes outside our control.

20) Termination
By you. You may terminate a project for convenience with written notice. You’ll pay for all work completed, expenses incurred, and any non-cancellable commitments up to the termination date.
By us. We may terminate for non-payment, material breach, or illegal/unsafe use.
Effect. On termination, you’ll receive accepted work to date (subject to payment). Licenses to use third-party tools may end if unpaid.

21) Force majeure
Neither party is liable for delays or failure to perform due to events beyond reasonable control (e.g., outages, strikes, acts of God, war, public health emergencies).

22) Electronic communications & e-signatures
You agree to receive notices and approvals electronically. Electronic signatures and click-acceptances are valid and binding.

23) Governing law & venue
These Terms are governed by the laws of the State of New York, without regard to conflicts of laws. Disputes will be heard in the state or federal courts located in New York County, New York, and both parties consent to that venue and waive any objection to inconvenient forum.

24) Miscellaneous
Independent contractor. We are an independent contractor, not your employee or partner.
Assignment. You may not assign your rights or obligations without our written consent (not unreasonably withheld).
Severability. If any provision is invalid, the rest remain in effect.
No waiver. A failure to enforce a provision is not a waiver.
Entire agreement. These Terms + any SOW are the entire agreement about the services and supersede prior discussions.
Headings. Headings are for convenience only.

25) Changes to these Terms
We may update these Terms from time to time. The new version will be posted on this page with a new Effective date. Material changes may also be communicated by email or Site notice. Your continued use of the Site or services after changes means you accept the updated Terms.

26) Contact
Questions about these Terms?
Email: info@silverhorizonwebdesign.nyc
Mail: Silver Horizon Web Design, Brooklyn, NY, USA