Terms of Service

Terms of Service Last Revised: March 31, 2024

This Terms of Service Agreement (the “Agreement”) is a legally binding contract between Surprise Web Design, a company organized under the laws of the state of Arizona (“Surprise Web Design”) and the client, whether personally or on behalf of an entity (“Client”), concerning the access and use of Surprise Web Design’s website: www.surpriseweb.design (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. By utilizing the Website, the Client agrees to all the terms, conditions, and obligations contained herein. Failure to adhere to these terms results in a prohibition of the Client’s use of the Website, and the Client is instructed to discontinue use immediately.

1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Surprise Web Design and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Surprise Web Design and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided on the Website “AS IS” for your information and personal use only.

2. Ownership of Materials
All design and original source files created on the Client’s behalf (“Projects”) are the property of the Client, and the Client shall be the sole owner of the copyright for all Projects. Client warrants that any materials provided to Surprise Web Design for incorporation into a project during the design process are owned by the Client and do not infringe or misappropriate any third-party rights, including all intellectual property rights and any right of publicity. Surprise Web Design reserves the right to share the Client's design work publicly (social media, website, etc.) unless otherwise agreed upon as stated in section 18 of this document.

3. Third-Party Fonts
Should any Project incorporate fonts requiring a commercial license for legal reproduction, distribution, or public display, Surprise Web Design will inform the Client in writing. The Client assumes all responsibility for purchasing the necessary licenses for any third-party fonts incorporated into a Project.

4. User Representations
By using the Website, the Client represents and warrants that they have the legal capacity and agree to comply with these Terms of Service; they are not a minor in the jurisdiction of their domicile; they will not access the Website through automated or non-human means; they will not use the Website for any illegal or unauthorized purpose; and their use of the Website will not violate any applicable law or regulation.

5. Prohibited Activities
The Website may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. Prohibited activity includes, but is not limited to: making any unauthorized use of the Website, collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses, using a buying agent or purchasing agent to make purchases on the Website, and engaging in unauthorized framing of or linking to the Website.

6. Client Feedback
Client agrees that any feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: hello@surpriseweb.design.

7. Management and Oversight
Surprise Web Design reserves the right to monitor the Website for violations of these Terms of Service and to take appropriate legal action against anyone who violates the law or these Terms of Service.

8. Privacy Policy
By using the Website, Client agrees to be bound by our Privacy Policy, which is incorporated into these Terms of Service

9. Returns and Refunds
Refunds for the 50% deposit shall not be forthcoming by reason of the complex and specialized character of the services provided. In the event of project termination prior to the final payment deadline, the client may retain the final installment; however, all deliverables produced by Surprise Web Design shall remain the exclusive property of the company.

10. Termination
Either party may terminate the contract at any time through written request. The Company shall upon termination pay the Consultant all unpaid amounts due for Services completed prior to notice of termination.

11. Modification
Surprise Web Design reserves the right to modify or discontinue all or part of the Website without notice at any time.

12. Connection Interruptions
Surprise Web Design does not guarantee that the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website.

13. Governing Law
These Terms of Service and any related action will be governed by the laws of the state of Arizona without regard to its conflict of laws provisions.

14. Litigation
Any legal action or proceeding related to this Website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Maricopa County, Arizona.

15. Disclaimer
The Website is provided on an as-is and as-available basis. You agree that your use of the Website and our services will be at your sole risk.

16. Limitations of Liability and Indemnification
Surprise Web Design and its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential, or punitive damages incurred as a result of the use of, or inability to use, the Website.

17. User Data
The client is solely responsible for all data transmitted or that relates to any activity undertaken using the Website.

18. Electronic Communications, Transactions, and Signatures
Visiting the Website, sending us emails, and completing online forms constitute electronic communications.

19. Showcasing Design Work
Surprise Web Design reserves the right to showcase design work on digital channels unless otherwise agreed upon. Surprise Web Design may use work in Surprise Web Design’s portfolio (including, but not limited to, any website that displays Surprise Web Design’s works). Client and Surprise Web Design agree that when asked, Client must properly identify Surprise Web Design as the creator of the work. Commissioner of Surprise Web Design does not have a proactive duty to display Surprise Web Design’s name together with the work, but Surprise Web Design may not seek to mislead others that the work was created by anyone other than Surprise Web Design.

20. Referrals
Referral tracking and payouts are handled through our third-party partner, Rewardful.com.

21. Miscellaneous
These Terms of Service and any policies posted on the Website constitute the entire agreement and understanding between you and Surprise Web Design, superseding any prior or contemporaneous agreements.

22. Contact Information
For any questions or complaints regarding the Website, please contact Surprise Web Design at: hello@surpriseweb.design.

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