1 Acceptance of Terms

By accessing this website, scheduling a consultation, submitting a purchase request, or engaging any services provided by Momentum Webworks ("we," "us," "our"), you ("client," "you," "your") accept and agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these terms, you must not use our services or website.

2 Services Provided

Momentum Webworks provides website design, development, hosting, domain registration assistance, SEO optimization, and related digital services for small businesses and service providers.

Service Scope: All services are delivered as described in the specific package or custom proposal agreed upon between Momentum Webworks and the client. Services outside the agreed scope require additional fees and written approval.

3 Payment Terms

Payment Structure: A 50% deposit is required before work begins. The remaining 50% is due upon project completion before the website is published or transferred to the client.
Invoicing: Invoices will be sent via email within 2 hours of receiving an express purchase request or within 24 hours of consultation.
Non-Refundable Deposit: The initial 50% deposit is non-refundable as it covers initial design work, consultation time, and project setup costs.
Late Payments: Work will be paused if payments are not received as scheduled. Late payments may incur additional fees.
Hosting Fees: Monthly or annual hosting fees are separate from development costs and must be paid on time to maintain website availability.

4 Project Timeline & Delivery

We strive to complete projects within the estimated timeline provided. However, timelines are estimates only and are dependent on:

Timely provision of content, images, and materials by the client
Prompt client feedback and approval at each project stage
Complexity and scope of the project
Third-party service dependencies (domain registrars, hosting providers, etc.)

No Liability for Delays: Momentum Webworks is not liable for delays caused by client unavailability, late content provision, third-party service issues, or circumstances beyond our reasonable control.

5 Revisions & Changes

Included Revisions: Each package includes a specific number of revision rounds as stated in the service description or proposal.
Additional Revisions: Revisions beyond the included amount will be billed at our hourly rate or as agreed upon.
Scope Changes: Major changes to project scope, functionality, or design direction after approval require a new quote and may extend timelines.
Post-Launch Changes: Changes requested after website launch are subject to additional fees unless covered by a maintenance plan.

6 Client Responsibilities

The client agrees to:

Provide accurate, complete, and timely information, content, images, and materials
Respond to requests for feedback, approval, or clarification within 7 business days
Ensure all provided content is legally owned or properly licensed
Maintain payment schedules as agreed
Review and approve all deliverables before final launch

Delayed Response: If client feedback or materials are not provided within 30 days, the project may be considered abandoned, and the deposit will be forfeited.

7 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOMENTUM WEBWORKS SHALL NOT BE LIABLE FOR:

Third-Party Services: Issues, downtime, data loss, or security breaches caused by third-party services including but not limited to hosting providers, domain registrars, payment processors, or email services.
Client-Provided Content: Copyright infringement, defamation, or any legal issues arising from content, images, text, or materials provided by the client.
Business Results: Loss of revenue, loss of customers, loss of business opportunities, or failure to achieve specific business goals or ROI from the website.
Search Engine Rankings: SEO results, search engine rankings, or website visibility, as these are influenced by numerous factors outside our control.
Technical Issues: Website downtime, bugs, or technical issues that occur after the 30-day warranty period or are caused by client modifications.
Force Majeure: Delays or failures due to circumstances beyond our reasonable control including natural disasters, pandemics, government actions, or internet service disruptions.
Data Loss: Loss of data or content unless directly caused by our negligence and within the scope of regular backup procedures.
Security Breaches: Hacking, malware, or security breaches unless directly caused by our negligence in implementing industry-standard security measures.

In no event shall our total liability exceed the total amount paid by the client for the specific service in question.

8 Warranty & Support

30-Day Warranty: We provide a 30-day warranty covering functional bugs and issues directly related to our development work.
Exclusions: The warranty does not cover design changes, new features, content updates, or issues caused by client modifications, third-party plugins, or hosting providers.
Post-Warranty Support: After 30 days, support is available on a paid basis or through a maintenance plan.

9 Intellectual Property & Ownership

Client Ownership: Upon full payment, the client owns the website design and content. This does not include third-party software, frameworks, or licensed elements.
Portfolio Rights: Momentum Webworks retains the right to display the completed website in our portfolio and marketing materials unless otherwise agreed in writing.
Client Content: The client represents and warrants that they own or have proper licenses for all content provided to us.

10 Cancellation & Refunds

Client Cancellation: If the client cancels the project mid-way, the 50% deposit is non-refundable. Any additional work completed will be billed separately.
Our Cancellation: If we cancel the project, all payments will be refunded within 14 business days.
No Refunds: Once the website is launched and final payment is made, no refunds will be issued.

11 Indemnification

The client agrees to indemnify and hold harmless Momentum Webworks from any claims, damages, losses, or expenses (including legal fees) arising from: (a) client-provided content, (b) violations of these terms, (c) infringement of third-party rights, or (d) misuse of the website or services.

12 Dispute Resolution

Any disputes arising from these terms or our services shall be resolved through:

1. Good faith negotiation between both parties
2. Mediation, if negotiation fails
3. Binding arbitration as a final resort

These terms shall be governed by the laws of the jurisdiction where Momentum Webworks operates.

13 Changes to Terms

We reserve the right to update these Terms of Service at any time. Changes will be posted on this page with an updated "Last Updated" date. Continued use of our services after changes constitutes acceptance of the modified terms.

Terms of Service