1. Introduction & Agreement to Terms
Welcome to SchwartzWebDesigns. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client") and SchwartzWebDesigns ("Company," "we," "us," or "our"), a web design business operating in the State of California, United States.
By accessing our website, contacting us for services, placing an order, or proceeding through checkout, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not use our services.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING LIMITATIONS OF LIABILITY AND A DISPUTE RESOLUTION CLAUSE.
Checkout Agreement: Prior to completing any purchase or service engagement, you will be required to check a box confirming that you have read, understood, and agree to these Terms of Service and all applicable policies. No transaction will be processed without this affirmative agreement.
2. Services Description
SchwartzWebDesigns provides web design and development services including, but not limited to, website creation, website design, layout design, and related creative digital services.
IMPORTANT DISCLAIMER — Web Designer, Not a Technician: SchwartzWebDesigns is a creative web design service. We are NOT a technical support provider, web hosting company, IT technician, or certified technical specialist. Our scope of services is limited exclusively to web design.
We are NOT responsible for, nor qualified to assist with, the following technical issues:
Server outages, downtime, or hosting-related issues
Website crashes, malware, hacking, or security breaches
Domain DNS propagation or technical DNS configurations
Email server configuration, deliverability issues, or email hosting
Database errors, backend code failures, or CMS technical problems
Third-party plugin conflicts, software bugs, or platform-specific errors
Any issue arising after project delivery that is technical in nature
If you experience technical issues with your website after delivery, you must contact a qualified technical professional or hosting provider. SchwartzWebDesigns recommends the following trusted resources for technical assistance:
FixMySite: https://fixmysite.com/
Best Website Maintenance Companies: https://setmysite.com/best-website-maintenance-companies/
These are independent third-party services. SchwartzWebDesigns has no affiliation, partnership, or liability with respect to these services. Any engagement with these providers is solely between you and them.
3. Payment Policy
3.1 Payment Terms
All fees for services rendered by SchwartzWebDesigns are due as specified in the invoice or service agreement provided to the Client. Payment is required prior to commencement of work unless otherwise agreed in writing.
3.2 Accepted Payment Methods
SchwartzWebDesigns accepts payment through methods specified at checkout. All payments must be made in U.S. Dollars (USD).
3.3 Additional Fees
NOTICE: Additional fees will apply to your project. The exact amount of these fees may be unknown at the time of initial engagement and will vary based on the scope of work and required third-party services. By engaging SchwartzWebDesigns, you acknowledge and agree that additional fees beyond the initial quoted price may be assessed. These may include, but are not limited to:
Domain registration and renewal fees
Third-party software licenses, themes, or plugins
Stock photography or licensed media content
Hosting setup or integration fees
Expedited service or rush fees
Fees for work outside the originally agreed scope
Any other costs necessary to complete the project as requested
SchwartzWebDesigns will make reasonable efforts to notify you of known additional fees prior to incurring them. However, some fees may only become apparent as work progresses, and your continued engagement constitutes acceptance of such fees.
3.4 Late Payments
Invoices unpaid after 30 days from the due date may be subject to a late fee of 1.5% per month (or the maximum allowed under California law, whichever is less) on the outstanding balance. SchwartzWebDesigns reserves the right to suspend or terminate services for non-payment.
4. Refund Policy
4.1 48-Hour Refund Window
Refund requests must be submitted within 48 hours of the initial payment. Refund requests submitted after 48 hours of the original transaction will NOT be honored under any circumstances. To request a refund within the eligible window, you must contact SchwartzWebDesigns in writing via email at lida@schwartzwebdesigns.com or our official contact form.
4.2 Eligibility Conditions
To be eligible for a refund within the 48-hour window, the following conditions must be met:
Work has not yet commenced on your project
No third-party fees or costs have been incurred on your behalf
The refund request is submitted in writing with your name, order details, and reason for the request
4.3 Non-Refundable Items
The following are NOT eligible for refund under any circumstances:
Any services where work has already begun
Domain registration fees once a domain has been registered (see Section 7)
Third-party costs already incurred on your behalf
Completed work or deliverables already provided to the Client
Any payment made more than 48 hours prior to the refund request
4.4 Refund Processing
Approved refunds will be processed within 10 business days using the original payment method. SchwartzWebDesigns reserves the right to deny any refund request that does not meet the criteria set forth in these Terms.
5. Chargeback Policy
SchwartzWebDesigns takes chargebacks very seriously. If a Client initiates a chargeback through their credit card company, bank, or payment processor without first contacting SchwartzWebDesigns to resolve the dispute, the following consequences apply:
All work in progress will be immediately suspended
All deliverables and completed work will be withheld pending resolution
The Client will be permanently banned from future services
Any completed website or digital assets may be taken offline
SchwartzWebDesigns reserves the right to pursue the full value of the disputed amount plus costs
Chargebacks filed for services that have been rendered, delivered, or substantially completed will be contested with full documentation, including all communications, work logs, and proof of delivery. Clients who have legitimate disputes are encouraged to contact us directly before initiating any chargeback. We are committed to resolving disputes in good faith.
6. Client Responsibilities
To ensure timely and successful project delivery, the Client agrees to fulfill the following responsibilities:
6.1 Content & Materials
Provide all text, images, logos, brand guidelines, and content required for the project in a timely manner
Ensure that all content provided does not infringe upon any third-party intellectual property rights
Obtain and provide necessary licenses for any content you wish to be incorporated into your website
6.2 Communication & Approvals
Respond to requests for approvals, feedback, or information within a reasonable timeframe (typically 3–5 business days)
Designate a single point of contact for all project communications
Review and approve work at agreed-upon milestones before the project proceeds
6.3 Account Access
Provide necessary login credentials or access to platforms required for project completion
Ensure provided credentials are accurate and current
6.4 Accuracy of Information
The Client is responsible for the accuracy, completeness, and legality of all information, content, and materials provided. SchwartzWebDesigns is not liable for errors resulting from inaccurate or incomplete information supplied by the Client.
Project Delays: SchwartzWebDesigns is not responsible for project delays caused by the Client's failure to provide content, approvals, or required information in a timely manner.
7. Domain Registration
7.1 Domain Provisioning
When domain registration is included as part of your service package, SchwartzWebDesigns will register a domain on your behalf for a period of one (1) year from the date of registration. Domain registration is provided as a convenience service.
7.2 Domain Renewal
Domain registration is provided for ONE (1) YEAR ONLY. After the initial one-year period, the Client is solely responsible for renewing the domain registration. SchwartzWebDesigns is not responsible for domain expiration, lapse, or loss due to non-renewal after the initial term.
7.3 Domain Ownership
Upon registration, the domain is registered in the Client's name and for the Client's benefit. The Client is the beneficial owner of the domain and is responsible for all ongoing costs and administration after the initial one-year term.
7.4 Domain Transfer
Upon completion of the project and receipt of full payment, SchwartzWebDesigns will provide the Client with full domain transfer access, including authorization codes and registrar information.
Note: Domain registration fees are non-refundable once a domain has been registered, even within the 48-hour refund window, as these costs are immediately passed through to the domain registrar.
8. Third-Party Fees & Services Disclaimer
8.1 Third-Party Costs
Many web design projects require the use of third-party services, platforms, tools, or resources. The Client acknowledges and agrees that:
Third-party fees are separate from and in addition to SchwartzWebDesigns' service fees
Third-party fees may be unknown or variable at the time of initial engagement
SchwartzWebDesigns will make reasonable efforts to estimate or inform you of likely third-party costs
The Client is ultimately responsible for all third-party fees associated with their project
8.2 Common Third-Party Costs
Third-party costs commonly associated with web design projects include, but are not limited to:
Web hosting fees (monthly or annual)
Domain registration and renewal fees
Premium themes, page builders, or website templates
Plugin or extension licenses (e.g., WooCommerce, Elementor Pro, etc.)
Stock photography, illustration, or video licensing
Email marketing platform subscriptions
SSL certificate fees (where not included by hosting provider)
Payment gateway setup fees
8.3 No Control Over Third Parties
SchwartzWebDesigns has no control over third-party service providers, their pricing, availability, or terms of service. We are not responsible for changes, outages, pricing increases, policy changes, or discontinuation of any third-party service. The Client agrees to review and comply with the terms of service of any third-party platform used in their project.
9. Intellectual Property
9.1 Client Ownership Upon Full Payment
Upon receipt of full and final payment, SchwartzWebDesigns assigns to the Client all rights, title, and interest in the final deliverables created specifically for the Client's project, including custom graphics, layouts, and copy written exclusively for the Client.
9.2 SchwartzWebDesigns Retained Rights
SchwartzWebDesigns retains all rights to its pre-existing intellectual property, design tools, templates, code libraries, frameworks, methodologies, and general know-how. These rights are not transferred to the Client under any circumstances.
9.3 Portfolio Rights
SchwartzWebDesigns reserves the right to display completed work in its portfolio, website, and marketing materials unless the Client explicitly requests in writing that such work remain confidential.
9.4 Client-Provided Content
The Client represents and warrants that all content, images, text, logos, and materials provided to SchwartzWebDesigns are owned by or properly licensed to the Client. The Client agrees to indemnify and hold harmless SchwartzWebDesigns from any claims arising from infringement of third-party intellectual property rights.
9.5 Third-Party Licenses
Certain elements incorporated into websites may be subject to third-party licenses. The Client is responsible for complying with all applicable third-party license terms.
10. Revisions Policy
10.1 Included Revisions
Each project includes a specified number of revision rounds as outlined in the project proposal or service agreement. Additional revisions beyond the agreed scope will be billed at SchwartzWebDesigns' current hourly or per-revision rate.
10.2 What Constitutes a Revision
A revision is defined as a minor modification to existing work, such as:
Text or copy changes
Minor color or font adjustments
Image swaps with Client-provided alternatives
Layout adjustments within the agreed design direction
The following are NOT considered revisions and will be billed separately:
Complete redesigns or changes to the original approved design direction
New pages or sections not included in the original scope
Changes requested after the Client has signed off on an approval
Requests to undo previously approved changes
10.3 Approval Process
Once the Client approves a design phase, SchwartzWebDesigns will proceed to the next phase. Changes to approved work will be considered additional work and billed accordingly. Approvals may be provided via email, message, or written confirmation.
11. Website Maintenance Disclaimer
SchwartzWebDesigns provides web design services only. We do NOT provide ongoing website maintenance, security monitoring, backups, software updates, or technical support unless expressly included in a separate written maintenance agreement.
WE ARE NOT TECHNICIANS. SchwartzWebDesigns is a creative design service. If your website experiences technical issues, malfunctions, security breaches, or any other technical problems after delivery, we are not qualified or certified to diagnose or repair these issues.
For website maintenance and technical issues, we strongly recommend:
FixMySite — https://fixmysite.com/
Best Website Maintenance Companies Directory — https://setmysite.com/best-website-maintenance-companies/
SchwartzWebDesigns is not affiliated with these services and makes no guarantees regarding their quality or availability. These resources are provided as a courtesy to help Clients find qualified technical assistance.
12. No Guarantee of Results
SchwartzWebDesigns makes no guarantees, representations, or warranties regarding the performance, rankings, traffic, revenue, sales, or business outcomes associated with any website or digital asset we create.
Specifically, we do NOT guarantee:
Search engine rankings or SEO performance
Increased website traffic or user engagement
Sales conversions or revenue generation
Compatibility with all browsers, devices, or future technology updates
Uptime or availability (as this is dependent on your hosting provider)
Any specific business outcome or return on investment
Website performance is influenced by many factors outside SchwartzWebDesigns' control, including hosting quality, search engine algorithm changes, market conditions, and client business practices. The Client acknowledges these limitations.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCHWARTZWEBDESIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES PROVIDED.
SCHWARTZWEBDESIGNS' TOTAL LIABILITY TO THE CLIENT FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO SCHWARTZWEBDESIGNS FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM.
These limitations apply regardless of the form of action, whether based on contract, tort, negligence, strict liability, or otherwise, and even if SchwartzWebDesigns has been advised of the possibility of such damages.
14. Dispute Resolution
14.1 Good Faith Negotiation
In the event of any dispute arising out of or related to these Terms or the services provided, both parties agree to first attempt to resolve the dispute through good faith negotiation. Either party may initiate this process by providing written notice of the dispute to the other party.
14.2 Mediation
If the parties are unable to resolve the dispute through negotiation within 30 days of written notice, either party may request non-binding mediation through a mutually agreed-upon mediator in California.
14.3 Binding Arbitration
If mediation is unsuccessful, any unresolved dispute shall be submitted to final and binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA) or JAMS, as mutually agreed. Arbitration shall take place in California. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
14.4 Class Action Waiver
The Client waives any right to bring or participate in a class action lawsuit or class-wide arbitration against SchwartzWebDesigns. All claims must be brought on an individual basis.
14.5 Governing Law & Venue
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in California.
15. California Governing Law & Compliance
SchwartzWebDesigns operates in compliance with applicable California state law. These Terms are governed by California law, including but not limited to the California Consumer Privacy Act (CCPA), California Business and Professions Code, and other applicable statutes.
California residents have specific rights under the CCPA and other California consumer protection laws. Nothing in these Terms is intended to waive any rights that cannot be waived under applicable California law.
16. Contact & Support
SchwartzWebDesigns is available for questions, concerns, and project-related inquiries at any time. We are committed to being responsive and accessible to our Clients.
You may contact SchwartzWebDesigns anytime regarding:
Questions about your project or services
Billing or invoice inquiries
Refund requests (must be within 48 hours of payment)
Revisions or scope changes
General business inquiries
While we aim to respond promptly, please note that response times may vary. For urgent technical issues not within our scope, please contact a technical service provider directly (see Section 11).
17. Policy Updates & Modifications
SchwartzWebDesigns reserves the right to update, modify, or replace these Terms of Service at any time at our sole discretion. When changes are made, we will update the Effective Date at the top of these Terms.
Your continued use of our services following any posted changes constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically for changes. We encourage Clients to review the current Terms prior to engaging our services.
Material changes to these Terms will be communicated to active Clients via email or prominently posted on our website.
18. General Provisions
18.1 Severability
If any provision of these Terms is found to be invalid, unenforceable, or contrary to applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed from these Terms. The remaining provisions shall remain in full force and effect.
18.2 Entire Agreement
These Terms, together with any applicable project proposal, service agreement, or invoice, constitute the entire agreement between the Client and SchwartzWebDesigns with respect to the subject matter hereof, and supersede all prior negotiations, understandings, and agreements.
18.3 Waiver
Failure of SchwartzWebDesigns to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
18.4 Assignment
The Client may not assign or transfer any rights or obligations under these Terms without prior written consent from SchwartzWebDesigns. SchwartzWebDesigns may assign its rights and obligations without restriction.
19. Checkout Agreement Requirement
Prior to completing any purchase, order, or service engagement through SchwartzWebDesigns, you will be presented with a checkbox confirmation at checkout. This checkbox requires your affirmative confirmation that:
You have read and fully understand these Terms of Service
You agree to be legally bound by these Terms in their entirety
You understand the 48-hour refund policy and its limitations
You acknowledge that additional fees may apply to your project
You understand that SchwartzWebDesigns is a web designer, not a technical support provider
You accept the domain registration terms including the one-year provision
You agree to the Dispute Resolution and Limitation of Liability provisions
NO TRANSACTION WILL BE PROCESSED WITHOUT THIS AFFIRMATIVE AGREEMENT. By checking this box and completing your purchase, you enter into a binding contract with SchwartzWebDesigns subject to these Terms.
☐ I have read, understood, and agree to the SchwartzWebDesigns Terms of Service, Refund Policy, Payment Policy, and all applicable policies.
CHECKING THIS BOX IS YOUR SIGNATURE: Checking the box above is the legal equivalent of signing this agreement in ink on a physical paper document. By placing a checkmark, you are intentionally and affirmatively consenting to be bound by these Terms. This single act — checking the box — constitutes your complete, valid, and enforceable electronic signature. You do not need to print, sign, scan, or return any document. The checkbox alone is sufficient to form a binding contract between you and SchwartzWebDesigns.
This checkbox confirmation is required at checkout and constitutes your electronic signature and binding agreement to these Terms under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable California law.
Digital Signature Agreement: By checking the box above and completing your transaction, you are providing your legally binding electronic signature. You expressly agree that an electronic signature, whether submitted through a checkbox, digital form, email confirmation, or any other electronic means, carries the same legal weight and effect as a handwritten signature on a physical paper document. No physical pen-and-paper signature is required. You waive any right to claim that this agreement is unenforceable due to the absence of a physical signature.
20. Acknowledgment
By engaging SchwartzWebDesigns' services, making any payment, or proceeding through our checkout process, you confirm that you are at least 18 years of age, legally authorized to enter into this agreement, and that you have read, understood, and agreed to these Terms of Service.
No Physical Signature Required: This agreement is executed electronically. By checking the agreement box at checkout, confirming your order, submitting a digital form, or making a payment, you are providing a valid and legally binding electronic signature in accordance with the E-SIGN Act (15 U.S.C. § 7001 et seq.) and the California Uniform Electronic Transactions Act (CUETA, Cal. Civ. Code § 1633.1 et seq.). Your electronic agreement has the same full legal force and effect as a handwritten signature on a paper contract. You agree that a physical, pen-and-paper signature is not necessary for this agreement to be valid, enforceable, and binding upon you.
Electronic Signature (Typed Name): _______________________________________ Date: _______________
By typing your name above or checking the box at checkout, you agree this constitutes your legal electronic signature.
SchwartzWebDesigns
California, United States • Available for contact anytime
Terms effective: June 9, 2026
SchwartzWebDesigns — California, United States · Available for contact anytime