Temaco Web Design LLC Terms And Conditions

1. Acceptance of These Terms

These Terms and Conditions (“Terms”) govern your use of the website at temaco.net and your purchase of web design, development, hosting, domain registration, and maintenance services from Temaco Web Design LLC, a Florida limited liability company (“Temaco,” “we,” “us,” or “our”).

By visiting our website, requesting a quote, signing a proposal, submitting payment, or otherwise using our services, you (“Client” or “you”) agree to these Terms. If you do not agree, do not use our website or services.

Where you and Temaco have signed a separate written proposal, statement of work, or service agreement, that document governs to the extent it conflicts with these Terms. These Terms apply to everything that document does not address.

2. Definitions

• Services — any web design, development, hosting, domain registration, maintenance, consulting, or related work provided by Temaco.
• Deliverables — the websites, designs, layouts, templates, code, graphics, and written materials Temaco creates for you under a given project.
• Client Materials — text, images, logos, video, data, trademarks, and other content you supply to us for use in a project.
• Project — a defined body of work described in an accepted proposal, quote, or statement of work.
• Care Plan — a recurring subscription for ongoing website maintenance, updates, monitoring, or support.

3. Our Services

Temaco provides website design and development (primarily on WordPress), website hosting, domain name registration through a third-party registrar, ongoing maintenance through Care Plans, search engine optimization, and related consulting. The specific services you receive are those described in your accepted proposal or plan.

Temaco may modify, add, or discontinue any service offering. Where a change materially affects a service you are actively paying for, we will give you reasonable advance notice.

4. Proposals, Quotes, and Scope

Quotes and proposals are valid for 30 days from the date issued unless stated otherwise and are based on the information you provide at the time of the request. Materially different or incomplete information may require a revised quote.

A project begins when you accept the proposal in writing and Temaco receives the required deposit. Work is limited to what the accepted proposal describes. Anything outside that description is out of scope and handled under Section 7.

5. Fees, Deposits, and Payment

Deposit. Design and development projects require a non-refundable deposit of 50% of the total project fee before work begins. The deposit reserves your place in our production schedule and covers initial discovery and design work.

Balance.

The remaining balance is due upon completion and before the site is published to your live domain. Temaco is not obligated to launch, transfer, or release Deliverables until all amounts due have been paid in full.

Recurring fees. 

Hosting, Care Plans, and domain registrations are billed in advance on a monthly/annual basis and renew automatically until cancelled under Section 15.

Late payment. 

Invoices are due within 15 days of the invoice date. Past-due balances may accrue a late fee of 1.5% per month, or the maximum permitted by Florida law, whichever is less. If an account remains unpaid for more than 30 days, Temaco may pause work and suspend hosting, Care Plan, and support services until the balance is cleared. We will attempt to notify you before suspending an active website.

Taxes and fees. 

Quoted prices exclude applicable sales tax, payment processing fees, and third-party costs such as premium plugin licenses, stock imagery, or domain registry fees, unless expressly stated.

Chargebacks. 

If you dispute a charge, contact us first. Chargebacks filed without prior contact may result in immediate suspension of services and recovery of associated fees.

6. Client Responsibilities

Timely delivery depends substantially on you. You agree to:

• Provide all Client Materials in usable formats by the dates agreed;
• Supply a single designated point of contact authorized to approve work;
• Respond to requests for information, feedback, and approvals within 5 business days;
• Provide accurate billing and contact information and keep it current;
• Maintain the confidentiality of any credentials we issue to you; and
• Confirm that you own or are licensed to use all Client Materials you supply.

You are solely responsible for the accuracy, legality, and licensing of Client Materials. Temaco does not verify ownership of content you provide.

7. Revisions and Change Requests

Each project includes three (3) rounds of revisions at the design stage and one (1) round after development, unless your proposal states otherwise. A revision round means one consolidated set of feedback, not individual requests submitted over time.

Requests that add pages, features, functionality, or content beyond the accepted scope, or that revisit previously approved work, are change requests. Temaco will quote change requests separately at our then-current rate of $120 per hour, or as a fixed fee, and will not begin the work until you approve it in writing.

8. Timelines, Delays, and Abandonment

Project timelines are estimates made in good faith and assume you meet the response times in Section 6. Temaco is not responsible for delays caused by late Client Materials, delayed approvals, third-party vendors, hosting or registry outages, or events outside our reasonable control.

If you do not respond to requests for materials, feedback, or payment for 14 consecutive days, Temaco may treat the project as inactive and remove it from the production schedule. Reactivating an inactive project may require a reactivation fee and rescheduling. If a project remains inactive for 30 consecutive days, Temaco may treat it as abandoned and terminated, and amounts already paid are non-refundable.

9. Ownership and Intellectual Property

Your content. You retain all rights to Client Materials. You grant Temaco a limited license to use, reproduce, and modify them as needed to perform the Services.

Your finished site. Upon receipt of payment in full, Temaco assigns to your ownership of the final custom Deliverables produced specifically for your project — the completed page designs, custom graphics, custom code written for you, and written content we authored for you.

What we keep. Temaco retains ownership of its own pre-existing and reusable property, including internal frameworks, code libraries, base templates, development tools, processes, and know-how. Where any of this is embedded in your Deliverables, Temaco grants you a perpetual, non-exclusive, non-transferable license to use as part of your website. This license does not permit you to resell, redistribute, or license these components independently of your site.

Before payment. All Deliverables remain the property of Temaco until paid for in full. Using unpaid Deliverables is unauthorized.

10. Third-Party Software and Materials

Your website may incorporate third-party themes, plugins, page builders, fonts, stock media, APIs, and services. These are governed by their own licenses and terms, and their vendors — not Temaco — are responsible for their functionality, support, and continued availability.

Some third-party components require an ongoing paid license to receive updates and security patches. Unless your proposal or Care Plan states that Temaco maintains a license on your behalf, you are responsible for maintaining those licenses after launch. Temaco is not liable for issues arising from expired, cancelled, or discontinued third-party licenses, or from a vendor abandoning a product.

11. Website Hosting

Temaco provides hosting on infrastructure operated by third-party data center providers. Hosting is provided on a shared basis unless otherwise agreed.

• We target high availability but do not guarantee uninterrupted or error-free service. Scheduled maintenance, emergency maintenance, and upstream provider outages may cause downtime.
• Accounts are subject to reasonable limits on storage, bandwidth, CPU, memory, email, and database usage. Sustained usage that degrades performance for other accounts may require an upgrade or, after notice, suspension.
• Temaco performs routine backups as a courtesy and as described in your plan. Backups are not guaranteed, and you remain responsible for maintaining your own independent copies of your website and data.
• No environment is perfectly secure. Temaco is not liable for damages arising from hacking, malware, data loss, or unauthorized access, except to the extent caused by our gross negligence or willful misconduct.
• Temaco may suspend a hosting account without notice where required to protect the network, respond to a security incident, comply with law, or address a violation of Section 14.
• Migration out. On written requests from an account in good standing, Temaco will provide a copy of your website files and database, or cooperate reasonably with your new host. Migration assistance beyond providing a copy may be billable.

12. Domain Name Registration

Temaco is a reseller, not an ICANN-accredited registrar. Domain registrations we arrange are processed through a third-party accredited registrar, and your registration is subject to that registrar’s terms, ICANN policies, and the policies of the applicable registry, including the Uniform Domain-Name Dispute-Resolution Policy.

• Temaco cannot guarantee that the requested domain will be available or that a registration will succeed.
• Registrations are for a fixed term and must be renewed. You are responsible for renewing your domain and for keeping payment and contact details current.
• Expired domains may enter redemption or be released to the public. Recovery, where possible, may involve substantial registry fees that are your responsibility.
• Certain registration data may be published or disclosed as required by ICANN, the registry, or applicable law.
• Registering a domain does not grant trademark rights, and you are responsible for ensuring your chosen domain does not infringe the rights of others.

13. Care Plans and Maintenance

Care Plans cover the specific tasks listed in the plan you purchase, which may include software updates, security monitoring, backups, uptime checks, and a defined allowance of content edits or support time.

Unless expressly listed in your plan, Care Plans do not include new page builds, redesigns, new functionality, custom development, content writing, SEO campaigns, third-party license fees, or recovery from damage caused by changes made by you or another party. Unused monthly support time does not roll over.

Care Plans renew automatically. Either party may cancel with 30 days’ written notice, effective at the end of the then-current billing period. Fees already paid for the current period are not refundable. If a Care Plan lapses, your website remains yours, but Temaco is not responsible for updates, security, or issues arising afterward.

14. Acceptable Use and Project Selection

Temaco builds, hosts, and maintains websites for lawful businesses and organizations. To protect our team, our infrastructure providers, our payment processors, and our other clients, we do not design, develop, host, or maintain websites that contain, promote, advertise, or facilitate:

• Adult entertainment, pornography, or sexually explicit material of any kind;
• Escort services, adult webcam or live-stream services, or adult dating and hookup services;
• Material that is obscene under applicable federal or Florida law;
• Any content that sexualizes or exploits minors. This carries zero tolerance: such accounts are terminated immediately, without refund, and reported to the appropriate authorities;
• Illegal goods or services, including controlled substances, unlicensed pharmaceuticals, counterfeit goods, weapons prohibited by law, or stolen data and credentials;
• Malware, phishing pages, spam infrastructure, botnets, or tools designed to compromise computer systems or networks;
• Unlicensed gambling, lotteries, pyramid schemes, chain letters, or other fraudulent or deceptive financial offerings;
• Content that harasses, defames, threatens, or incites violence or unlawful discrimination against any person or group;
• Material that infringes the copyright, trademark, patent, trade secret, publicity, or privacy rights of another; or
• Any other use that violates applicable federal, state, or local law, or the terms of our upstream hosting or payment providers.

Discretion. Temaco reserves the right to decline, postpone, or discontinue any project, engagement, or account at our sole discretion, including where a project falls outside our expertise, capacity, or scheduling ability, or where the working relationship proves unworkable. Nothing in this Section requires Temaco to accept any particular project.

Enforcement. If we learn that a website we build, host, or maintain violates this Section, we may remove the offending content, suspend the account, or terminate the engagement, with or without notice depending on the severity. Fees paid for terminated work are non-refundable, and you remain responsible for amounts owed for work already performed. You agree to indemnify Temaco for claims, penalties, and costs arising from your violation of this Section, as set out in Section 20.

Non-discrimination. The restrictions in this Section are based on the content and lawfulness of the website in question. Temaco does not deny services on the basis of race, color, religion, national origin, ancestry, age, sex, pregnancy, sexual orientation, gender identity, disability, marital status, or familial status.

15. Cancellation and Refunds

Projects. You may cancel a project in writing at any time. Deposits are non-refundable. You remain responsible for work completed and hours incurred up to the cancellation date, billed at our standard rate and credited against amounts already paid. Any excess is refunded within 30 days. Deliverables are not released for cancelled projects unless paid in full.

Hosting and Care Plans. Cancel in writing with 30 days’ notice. Service continues through the end of the paid period. Fees for the current period are not refunded, and partial months are not prorated.

Domains. Domain registrations and renewals are non-refundable once submitted to the registry, as required by registry policy.

Termination by Temaco. If we terminate for non-payment or for a violation of Section 14, no refund is due.

16. Portfolio and Promotional Use

Unless you tell us otherwise in writing, Temaco may display your completed website, screenshots, and your business name and logo in our portfolio, case studies, proposals, social media, and marketing materials, and may describe the work performed. We will not disclose confidential business information in doing so. You may withdraw this permission at any time by written request, and we will remove the material from channels we control within a reasonable period.

Temaco may include a discreet credit and link in the footer of websites we build. If you prefer no credit, tell us and we will remove it.

17. Confidentiality

Each party may receive non-public information from the other, including business plans, pricing, credentials, customer data, and technical information. Each party agrees to use such information only to perform or receive the Services, to protect it with reasonable care, and not to disclose it to third parties except to employees, contractors, and vendors who need it and are bound by similar obligations, or where disclosure is required by law. This does not apply to information that is public through no fault of the receiving party, was already known to it, or is independently developed.

18. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES, DELIVERABLES, AND WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Specifically, Temaco does not warrant that your website will be uninterrupted, error-free, or secure against every threat; that it will display identically across all browsers, devices, and future software versions; or that it will be compatible with third-party software released after delivery.

Search engine optimization. Temaco follows current best practices but does not and cannot guarantee any particular search ranking, traffic volume, lead count, conversion rate, or revenue outcome. Search engines change their algorithms without notice and independently of us.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEMACO WEB DESIGN LLC AND ITS MEMBERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TEMACO’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO TEMACO FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT.

Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to you.

20. Indemnification

You agree to defend, indemnify, and hold harmless Temaco Web Design LLC and its members, employees, and contractors from any claims, demands, damages, penalties, losses, and reasonable attorneys’ fees arising out of: (a) Client Materials or content you publish; (b) your violation of these Terms, including Section 14; (c) your violation of any law or the rights of a third party; or (d) your use of the Services.

21. Term and Termination

These Terms apply from the date you first use our website or services and continue until all engagements between us have ended.

Either party may terminate an ongoing service under Section 15. Temaco may suspend or terminate immediately for non-payment, a violation of Section 14, conduct that is abusive or threatening toward our staff, or where required by law or by an upstream provider.

On termination: amounts owed become immediately due; access to Temaco-provided hosting, portals, and support ends; and Temaco may delete your data from our systems after 30 days. Request a copy of your data before then. Sections 9, 17, 18, 19, 20, 22, and 24 survive termination.

22. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules. Any action arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Duval County, Florida, and both parties consent to personal jurisdiction and venue there.

Before filing any action, the parties agree to attempt in good faith to resolve the dispute through direct discussion for at least 30 days after written notice of the dispute.

23. Changes to These Terms

Temaco may revise these Terms from time to time. The revised version takes effect when posted to this page, and the Last Revised date above will be updated. Where a change materially affects an active paid engagement, we will make reasonable efforts to notify you by email. Continued use of our website or services after a change constitutes acceptance of the revised Terms.

24. General Provisions

Entire agreement. These Terms, together with any signed proposal or statement of work and our Privacy Policy, constitute the entire agreement between you and Temaco and supersede all prior discussions on the subject.

Severability. If any provision is unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions stay in effect.

No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

Assignment. You may not assign these Terms without our written consent. Temaco may assign them in connection with a merger, acquisition, or sale of assets.

Independent contractor. Temaco is an independent contractor. Nothing here creates a partnership, joint venture, employment, or agency relationship.

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, severe weather, power or internet failures, labor disputes, cyberattacks, or government action.

Notices. Written notice may be given by email to the address on file and is effective when sent absent a delivery failure.

Headings. Section headings are for convenience only and do not affect interpretation.

25. Contact Us

Questions about these Terms:

Temaco Web Design LLC

2695 Post St# 1076

Jacksonville, Florida 32204

Phone: (904) 938-7207

Email: contactus@temaco.net

Web: www.temaco.net