Last Updated: June 8, 2025
These Terms & Conditions ("Terms") govern your use of the Primary Web Development, LLC website (the "Website") and the services provided by Primary Web Development ("we," "us," or "our"). By accessing or using our Website or services, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must immediately cease using our Website or services. These Terms constitute a legally binding agreement between you and Primary Web Development.
Primary Web Development provides a range of professional services, including but not limited to:
The specific details and scope of services will be outlined in the separate Master Services and Statement of Work Agreement that governs each individual project.
Upon full payment for services rendered, clients are granted limited, non-exclusive, non-transferable access to use the deliverables, as specified in the corresponding Master Services and Statement of Work Agreement. Such access does not permit the client(s) to reproduce, distribute, modify, license, or use the deliverables for other projects or purposes without our express written consent.
All rights, title, and interest in the underlying source code, design elements, software tools, and proprietary frameworks used in the development of the deliverables remain the sole property of Primary Web Development. No ownership rights are transferred to the client, except for the specific access granted in section 3.1.
Clients may not reproduce, modify, or use any part of the deliverables, including but not limited to code, design, content, or materials, without prior written permission from Primary Web Development. Any unauthorized use constitutes copyright infringement and will be prosecuted to the fullest extent of the law.
If a client fails to make timely payments or breaches the agreement, the granted access as defined in section 3.1 will be immediately revoked.
All services and deliverables are provided "as-is," and we make no warranties or representations regarding their quality, performance, or suitability for any particular purpose. We expressly disclaim all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by applicable law, Primary Web Development shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the use of or inability to use our services, deliverables, or website, including but not limited to loss of data, revenue, or goodwill.
Clients are solely responsible for the content, functionality, and legal compliance of their website. Primary Web Development will not be liable for any claims, damages, or losses resulting from the content, third-party integrations, or security vulnerabilities of the website after delivery.
In no event will our total liability for any claim exceed the amount of fees paid by the client for the specific services or deliverables directly related to the claim during the twelve (12) months preceding the event giving rise to the liability.
Any changes to the scope of work, project timelines, or deliverables must be documented in a Change Order, which will be mutually agreed upon and signed by both parties. A Change Order may also result in additional fees and adjustments to the timeline.
Changes may result in additional charges and timeline adjustments, which will be specified in the Change Order.
Either party may terminate services for convenience upon thirty (30) days' written notice.
Either party may terminate services immediately for cause if the other party:
Upon termination:
Both parties agree to maintain the confidentiality of any non-public information disclosed during the course of services.
Confidentiality obligations continue for three (3) years after termination of services.
Clients will defend, indemnify, and hold harmless Primary Web Development from any third-party claims arising from:
Neither party will be liable for any failure or delay in performance due to circumstances beyond reasonable control, including but not limited to acts of God, natural disasters, terrorism, riots, war, epidemics, pandemics, embargoes, or power outages.
You agree to use our Website and services only for lawful purposes and in accordance with these Terms. You will not use the Website in any manner that could damage, disable, or impair the Website's functionality or interfere with other users' access.
You are prohibited from:
Your use of our Website is also governed by our Privacy Policy, which is incorporated by reference into these Terms. By using our Website and services, you consent to the practices outlined in the Privacy Policy.
Nothing creates a partnership, joint venture, agency, or employment relationship.
Neither party may assign their rights or obligations without the other party's prior written consent, which shall not be unreasonably withheld.
Termination of services notices will be delivered via certified mail or email. All other notices (annual hosting and website management fee adjustments, change orders, etc.) will be delivered via email only.
The failure of either party to enforce any provision will not constitute a waiver of future enforcement of that or any other provision.
If any provision is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
These Terms, along with any signed agreements, constitute the entire agreement between the parties regarding the subject matter.
Primary Web Development reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting on Primary Web Development's website. Continued use of Primary Web Development's website after changes constitutes acceptance of the modified Terms.
For any questions regarding these Terms or to request additional information, please contact us at:
Primary Web Development, LLC
primarywebdevelopment@gmail.com
Or by visiting this page on our website:
https://www.primarywebdevelopment.com/contact
© 2025 Primary Web Development. All rights reserved.