WEBSITE DESIGN TERMS OF SERVICE (WD‑TOS)

GENERAL AGREEMENT
Last Updated: July 26, 2026
Applies to: midiwebdesign.com

 

These Website Design Terms of Service (“Agreement”) apply to all website design, redesign, development, and related services (“Services”) provided by MIDI Web Design.

By using our Services, you agree to the terms below.

This Agreement is intended as a general, universal contract for all website design clients.

A detailed proposal or project‑specific scope may be provided upon request or when required for larger or more complex projects.

1. Overview

These Website Design Terms of Service (“Agreement”) apply to all website design, redesign, development, hosting, and related services (“Services”) provided by MIDI Web Design. By using our Services, you agree to these Terms. This Agreement serves as a universal contract for all website design clients. A project‑specific scope may be provided for larger or custom projects.

2. Payment Terms

2.1 Deposit

A non‑refundable deposit is required before any work begins.

2.2 Final Payment

The remaining balance is due upon project completion and before the website goes live.

2.3 Non‑Refundable Items

• Hosting plans
• Domain registrations
• SSL certificates
• Premium themes or plugins
• Stock photos
• Third‑party licenses
• Any completed work or hours already performed

2.4 Client Delays

If the client delays the project by failing to provide content, approvals, or access, payments remain due as scheduled.

3. Client Responsibilities

3.1 Content Delivery

The client must provide all text, images, and materials required for the website.

3.2 Timely Communication

The client must respond to requests, approvals, and questions within a reasonable timeframe.

3.3 Content Ownership

The client is responsible for ensuring they own the rights to all content provided.

3.4 Access Requirements

The client must provide access to hosting, domain, or third‑party accounts when required.

4. Project Timelines

4.1 Estimated Timelines

All timelines are estimates and may change due to revisions, delays, or technical issues.

4.2 Client Delays

If the client becomes unresponsive for more than 14 days, the project may be paused.

4.3 Dormant Projects

Projects inactive for 30 days may be marked dormant and subject to a restart fee.

4.4 Abandoned Projects

Projects inactive for 60 days may be closed with no refund.

5. Revisions

5.1 Included Revisions

A reasonable number of revisions are included, depending on the project size.

5.2 Additional Revisions

Extra revisions or redesigns are billed at our hourly rate.

5.3 Revision Definition

A revision is a modification to existing content, not new content or new features.

6. Intellectual Property

6.1 Client Content

The client retains ownership of all content they provide.

6.2 Final Website Ownership

Upon full payment, the client owns the final website output (HTML, CSS, images, etc.).

6.3 Developer Tools

MIDI Web Design retains ownership of proprietary code frameworks, scripts, development tools, and reusable components.

6.4 Licensing

Stock photos, themes, and plugins are subject to their respective licenses.

7. Third‑Party Services

7.1 Third‑Party Failures

We are not responsible for outages, bugs, or changes caused by:

• WordPress updates
• Plugin or theme updates
• Hosting outages
• Third‑party APIs
• Google, Meta, or other platform changes

7.2 Plugin Compatibility

Some plugins may not be compatible with your hosting environment.

8. Accessibility

MIDI Web Design uses accessibility‑friendly practices and performs reasonable due diligence using tools such as WAVE and accessibility‑assistance plugins. These tools help identify common accessibility issues but do not guarantee full ADA or WCAG compliance. MIDI Web Design is not an accessibility auditor and does not provide legal compliance certification. Clients requiring formal accessibility audits must engage a qualified accessibility provider.

9. Website Launch, Updates & Support

9.1 Launch Requirements

Final payment must be received before launch.

9.2 Post‑Launch Support

Support for website projects after launch is limited to fixing launch‑related issues for 30 days.

9.3 Maintenance Plans

Ongoing updates, security, and support require hosting with MIDI Web Design or hourly billing.

9.4 Monthly Website Updating

Clients who host their website with MIDI Web Design receive 30 minutes of included website updating per month.

Included updates:

• Minor text edits
• Replacing existing images
• Uploading client‑provided blog posts
• Updating contact information
• Small spacing adjustments
• Editing text inside existing widgets
• Replacing existing downloadable files

Excluded updates (billable):

• New pages
• Major layout changes
• Training
• SEO work
• AI optimization
• Graphic design
• Plugin installation or troubleshooting
• Ecommerce updates
• Custom development
• Repairs caused by client edits

Requests must be emailed with all required text, images, or files.

10. Warranties & Limitations

10.1 SEO Disclaimer

We do not guarantee search engine rankings or traffic.

10.2 Legal Compliance

We do not provide legal advice. The client is responsible for privacy policies, accessibility compliance, email marketing compliance, and industry‑specific regulations.

10.3 Security Disclaimer

We are not liable for hacking, malware, security breaches, data loss, or hosting outages.

10.4 Limitation of Liability

Our total liability is limited to the amount paid for the project.

11. Website Ownership & IP Rights

11.1 Ownership of Final Website

Upon full payment, the client receives full ownership of the completed website’s design, layout, content, and standard WordPress configuration.

11.2 Developer Intellectual Property

MIDI Web Design retains ownership of all underlying frameworks, proprietary tools, scripts, and reusable components.

11.3 Third‑Party Licensing

Third‑party themes, plugins, stock images, fonts, or software remain subject to their respective licenses.

11.4 Domain Name Ownership

The client must register and maintain their own domain name.

11.5 Hosting & Access

The client owns all content and data stored on their hosting account.

11.6 Portfolio Rights

MIDI Web Design may display the completed website in its portfolio unless the client requests otherwise in writing.

11.7 Transfer to Another Provider

The client may migrate their website at any time. Migration assistance is billable.

12. No Resale or Redistribution

The client may not resell or redistribute the website design, layout, templates, or custom code. Exception: transferring the website as part of a full business sale.

13. Termination

13.1 Client‑Initiated Termination

If the client cancels the project, deposits are non‑refundable, completed work is billable, and hosting fees remain non‑refundable.

13.2 Provider‑Initiated Termination

We may terminate the project for non‑payment, abusive behavior, illegal activity, or repeated delays.

14. Confidentiality

Both parties agree to keep confidential any non‑public information shared during the project.

15. Portfolio Rights

Unless the client requests otherwise in writing, MIDI Web Design may display the completed website, use screenshots for marketing, and list the client as a customer.

16. Indemnification

The client agrees to indemnify and hold MIDI Web Design harmless from any claims arising from client‑provided content, copyright violations, illegal activity, or misuse of the website.

17. Force Majeure

We are not liable for delays caused by events outside our control, including natural disasters, power outages, illness, internet failures, or third‑party service outages.

18. Governing Law

This Agreement is governed by the laws of Canada and the province in which MIDI Web Design operates.