Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Heck Design Group LLC ("Company," "we," "us," or "our"), doing business as Heck of a Website, governing your use of our website heckofawebsite.com and our services including web design, custom software development, SEO services, branding, and managed hosting.
By accessing our website or engaging our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our website or use our services.
Our Services
Heck Design Group LLC provides professional digital services including:
- Custom website design and development
- Custom software and web application development
- Search engine optimization (SEO) services
- Branding and visual identity design
- Managed WordPress hosting
- Ongoing maintenance and support
Specific service details, deliverables, timelines, and pricing will be outlined in individual project proposals or service agreements.
Project Engagement
Proposals and Agreements
All projects begin with a consultation and written proposal outlining scope, deliverables, timeline, and pricing. Projects commence upon written acceptance of the proposal and receipt of any required deposits. Additional terms may be specified in individual service agreements.
Client Responsibilities
To ensure timely project completion, clients are responsible for:
- Providing necessary content, assets, and information in a timely manner
- Reviewing deliverables and providing feedback within agreed timeframes
- Granting necessary access to accounts, hosting, or platforms as required
- Designating a primary point of contact for project communications
- Making payments according to the agreed schedule
Project Timeline
Estimated timelines are provided in good faith but may vary based on project complexity, client feedback turnaround, and scope changes. We are not responsible for delays caused by late client feedback, content, or approvals.
Payment Terms
Deposits and Invoicing
Most projects require a deposit before work begins, typically 50% of the total project cost. The remaining balance is due upon project completion, prior to final delivery or website launch. Specific payment schedules will be outlined in your project proposal.
Payment Methods
We accept payments via credit card, debit card, ACH transfer, and other methods as specified. All payments are processed securely through our payment processors.
Late Payments
Invoices are due on the date specified on the invoice. Payments not received by the due date are considered past due and may incur late fees, and we reserve the right to withhold deliverables until payment is received in full.
Past Due Hosting and Service Accounts
If your invoice, signed service agreement, or the per-product terms linked from your invoice establish different terms for past due balances, those terms govern. Otherwise, while we reserve the right to terminate services immediately for non-payment, we extend the following 14-day grace period as a courtesy before exercising that right. The schedule below applies to any account that becomes past due where the client has not contacted us to arrange payment:
- 5 days past due, no contact: Hosting may be paused and access to the site suspended until the balance is brought current.
- 14 days past due: The grace period ends. Any locked-in pricing, promotional rates, or grandfathered terms tied to the account are forfeited, and we may terminate the service agreement and remove the site from our infrastructure. Outstanding balances remain due and payable.
Clients who reach out before or during a billing issue can almost always avoid these actions. We are glad to work out alternate arrangements when we hear from you. Reinstatement after suspension requires payment of the past due balance in full.
Refunds
Deposits are generally non-refundable as they reserve our time and resources. Refund eligibility for other payments will be evaluated on a case-by-case basis and may be prorated based on work completed.
Intellectual Property
Client Ownership
Upon receipt of full payment, clients receive ownership of custom design files, graphics, and content created specifically for their project. This includes website designs, logos, and brand assets as specified in your agreement.
Company Retention
We retain ownership of:
- Pre-existing frameworks, code libraries, and tools used in development
- General methodologies, techniques, and know-how
- Template components that may be reused across projects
Portfolio Rights
We reserve the right to display completed work in our portfolio, case studies, and marketing materials unless otherwise agreed in writing. Confidential projects may be excluded upon client request.
Third-Party Assets
Projects may incorporate third-party assets (fonts, stock images, plugins, etc.) subject to their respective licenses. Clients are responsible for maintaining valid licenses for any third-party assets included in their project.
Revisions and Changes
Project proposals include a specified number of revision rounds. Revisions within scope are included in the project price. Additional revisions or scope changes may incur additional charges and timeline adjustments. Change requests should be submitted in writing for documentation and clarity.
Hosting and Maintenance Services
For clients using our managed hosting or maintenance services:
- Services are provided on a subscription basis with monthly or annual billing
- We maintain reasonable uptime targets but do not guarantee uninterrupted service
- Scheduled maintenance may occasionally affect availability
- Clients are responsible for maintaining backups of their own content
- Service cancellation requires 30 days written notice
Warranties and Disclaimers
We strive to deliver high-quality work that meets your specifications. However:
- Services are provided "as is" without warranties of any kind, express or implied
- We do not guarantee specific business results, traffic increases, or search rankings
- We do not warrant that services will be uninterrupted or error-free
- Clients are responsible for reviewing and approving deliverables before launch
We provide a reasonable period after project completion to address bugs or issues with deliverables at no additional charge.
Limitation of Liability
To the maximum extent permitted by law, Heck Design Group LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of our services.
Our total liability for any claims arising from our services shall not exceed the amount paid by you for the specific service giving rise to the claim.
Confidentiality
We respect the confidentiality of client information and will not disclose proprietary business information, strategies, or data shared during our engagement to third parties without consent, except as required by law.
SMS Terms of Service
By opting in to SMS messages from Heck Design Group LLC, you agree to receive text messages for customer support, service updates, and other communications related to your account.
You can cancel the SMS service at any time. Just text STOP. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance.
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Termination
Either party may terminate a project or service with written notice. Upon termination:
- Client shall pay for all work completed up to the termination date
- We will provide deliverables for work completed and paid for
- Deposits are non-refundable unless otherwise agreed
- For hosting services, we will provide reasonable time to migrate data
We reserve the right to terminate services immediately for non-payment, breach of terms, or use of our services for illegal purposes.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the state or federal courts located in New Hampshire, and you consent to the exclusive jurisdiction and venue of such courts.
Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website with an updated "Last updated" date. Your continued use of our services after changes constitutes acceptance of the modified Terms.
Contact Us
If you have any questions about these Terms and Conditions, please contact us:
Heck Design Group LLC
1368 Hooksett Rd, Unit 2
Hooksett, NH 03106
United States
Email: clement@heckofawebsite.com
Phone: (857) 380-0070