Terms & Conditions

Agreement to Terms

These Terms and Conditions (“Terms”) govern your use of the Ten West Design website located at tenwestdesign.com (the “Site”) and any services provided by Ten West Design (“we,” “us,” or “our”). By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site.

Services

Ten West Design provides web design, web development, e-commerce solutions, search engine optimization (SEO), generative engine optimization (GEO), answer engine optimization (AEO), AI integration, website maintenance, and related digital services for businesses. All services are subject to separate project agreements, proposals, or contracts that outline specific scope, deliverables, timelines, and pricing.

Use of the Website

You agree to use this website only for lawful purposes and in a manner that does not infringe upon the rights of, restrict, or inhibit anyone else’s use of the site. Prohibited behavior includes but is not limited to:

• Attempting to gain unauthorized access to the website or its servers
• Using automated systems (bots, scrapers) to access the site without permission
• Transmitting any viruses, malware, or harmful code
• Submitting false or misleading information through contact forms
• Reproducing, duplicating, or copying any content from the site without written consent

Intellectual Property

All content on this website — including but not limited to text, graphics, logos, images, design elements, code, and the overall look and feel of the site — is the property of Ten West Design and is protected by United States and international copyright, trademark, and other intellectual property laws.

Portfolio work displayed on our site may include work created for clients. The underlying intellectual property of client projects belongs to the respective clients upon full payment as outlined in their individual service agreements. The right to display such work in our portfolio is retained by Ten West Design unless otherwise agreed in writing.

Project Terms

The following general terms apply to all web design and development projects unless superseded by a separate written agreement:

Proposals & Quotes: All proposals and quotes are valid for 30 days from the date of issue unless otherwise stated. Pricing is based on the scope defined at the time of the proposal and may be adjusted if the scope changes.

Payments: A deposit is required before work begins on any project. Payment schedules and amounts will be outlined in your project proposal or contract. All invoices are due upon receipt unless otherwise agreed. Late payments may result in project delays or suspension of services.

Timeline & Delivery: Project timelines are estimates based on the scope of work and client responsiveness. Delays caused by late content delivery, feedback, or approvals from the client may extend the timeline accordingly.

Client Responsibilities: Clients are responsible for providing necessary content (text, images, logos, login credentials) in a timely manner. Clients are also responsible for reviewing and approving work at each stage of the project.

Revisions: The number of revision rounds included in a project will be outlined in the project proposal. Additional revisions beyond the agreed scope may incur additional charges.

Website Maintenance

Website maintenance plans are billed on a recurring monthly or annual basis as outlined in your service agreement. Maintenance services include only what is specified in your plan. Cancellation requires written notice at least 14 days before the next billing cycle. Maintenance does not include major redesigns, new feature development, or content creation unless explicitly included in your plan.

Third-Party Tools & Services

Our work may involve third-party tools, platforms, plugins, hosting providers, and APIs. Ten West Design is not responsible for changes, outages, price increases, or policy changes made by third-party providers including but not limited to WordPress, Elementor, Google, web hosting companies, domain registrars, and payment processors.

Limitation of Liability

Ten West Design provides its services and this website on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied. Ten West Design shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our website or services, including but not limited to lost revenue, lost data, or business interruption.

Our total liability for any claim arising out of or related to our services shall not exceed the total amount paid by the client for the specific service giving rise to the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Ten West Design, its owners, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your use of our website, your violation of these Terms, or your violation of any rights of a third party.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our website shall be resolved exclusively in the state or federal courts located in Mason County, Michigan.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Changes to These Terms

We reserve the right to update or modify these Terms at any time without prior notice. Changes will be effective immediately upon posting to this page. Your continued use of the website following any changes constitutes your acceptance of the revised Terms.

Contact Us

If you have any questions about these Terms and Conditions, please contact us:

Ten West Design
P.O. Box 443
Ludington, Michigan 49431
Email: hello@tenwestdesign.com
Website: tenwestdesign.com