Terms of Service

Last updated: April 5, 2026 · Von Builds, a DBA · Knightdale, NC

1. Business Entity & Relationship

Von Builds is a trade name (DBA — "Doing Business As") operating as a sole proprietorship in the state of North Carolina. Von Builds is not a licensed attorney, accountant, or business consultant. Services provided are limited to web development, web design, and related technical integrations.

The relationship between Von Builds ("Developer") and the party engaging services ("Client") is that of an independent contractor. Nothing in these terms or in the course of services shall be construed to create a partnership, joint venture, employer-employee relationship, or agency between the parties.

2. Scope of Work

All projects begin with a written or electronic agreement (email, message, or formal proposal) outlining the specific deliverables, timeline, and total cost. This communication constitutes the project scope.

• Changes to scope must be agreed upon in writing by both parties. Additional features, pages, integrations, or revisions beyond the agreed scope will be quoted and billed separately.
• Revision limits are defined per tier (1 round for Starter, 3 for Professional). Additional revision rounds may be purchased at a rate agreed upon before work begins.
• Von Builds reserves the right to decline scope changes that fundamentally alter the nature of the original project.

3. Payment Terms

• Deposit: A non-refundable deposit of 50% of the total project cost is required before any work begins.
• Final payment: The remaining balance is due upon project completion and before final files, source code, or deployment access is transferred to the Client.
• Buy Now, Pay Later: Von Builds may offer third-party payment options at checkout (Klarna, Afterpay, Affirm, or similar providers). These services are operated entirely by their respective providers — Von Builds is not a party to any installment agreement between the Client and a BNPL provider. Von Builds receives payment in full at the time of the transaction regardless of the Client's repayment schedule with the BNPL provider. Any disputes regarding BNPL payments must be resolved directly with the BNPL provider.
• Late payments: Invoices unpaid after 14 days from the due date will incur a late fee of 5% of the outstanding balance, compounding monthly.
• Von Builds accepts payment via Zelle, CashApp, Venmo, wire transfer, or other methods agreed upon in writing.

4. Client Responsibilities

The Client is responsible for:

• Providing all necessary content, branding assets, images, copy, and materials in a timely manner.
• Responding to feedback requests and approvals within 5 business days. Delays in Client response may extend project timelines.
• Ensuring all content provided is legally owned by the Client, properly licensed, or is in the public domain.
• Providing accurate business information for any third-party integrations (Stripe, Twilio, domain registrar accounts, etc.).
• Maintaining their own accounts for third-party services (hosting, payment processors, SMS providers, domain registrars). Von Builds does not manage or assume liability for third-party service accounts.

5. Intellectual Property & Ownership

What the Client owns:

• Upon full payment, the Client receives full ownership of all custom HTML, CSS, JavaScript, and any other custom code written specifically for the project.
• The Client owns their content, branding, images, and copy at all times.

What Von Builds retains:

• Von Builds retains the right to display the completed project as portfolio work, including screenshots, descriptions, and links to the live site.
• Von Builds retains ownership of any proprietary tools, frameworks, boilerplate code, or reusable components used across multiple projects.
• Third-party libraries, APIs, and services (Stripe, Twilio, Netlify, etc.) remain subject to their own licensing terms — Von Builds does not transfer ownership of third-party code or services.

6. Warranty & Support Period

• Von Builds provides a 30-day warranty from the date of project completion. During this period, the Developer will fix any bugs, broken functionality, or defects in the delivered code at no additional cost.
• The warranty does not cover issues caused by: Client modifications to the code, third-party service outages (Stripe, Twilio, hosting providers), changes to third-party APIs, browser updates, or hosting environment changes.
• After the 30-day warranty period, support and maintenance services are available at an hourly rate or monthly retainer to be agreed upon separately.

7. Limitation of Liability

To the maximum extent permitted by applicable law:

• Von Builds' total liability for any claim arising out of or related to services provided shall not exceed the total amount paid by the Client for the specific project giving rise to the claim.
• Von Builds shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of revenue, loss of profits, loss of business, loss of data, loss of customers, or business interruption — regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise).
• Von Builds is not responsible for the Client's business outcomes, revenue, conversions, search engine rankings, or any other performance metrics of the delivered website. Websites are tools — business results depend on many factors outside the Developer's control.
• Von Builds is not liable for downtime, data loss, security breaches, or service interruptions caused by the Client's hosting provider, payment processor, domain registrar, or any other third-party service.
• Von Builds makes no guarantees regarding uptime, search engine placement, conversion rates, or revenue generation.

8. Indemnification

The Client agrees to indemnify, defend, and hold harmless Von Builds (and its owner, agents, and assigns) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Content, images, trademarks, or materials provided by the Client that infringe on any third party's intellectual property or other rights.
• The Client's use of the delivered website for any unlawful purpose.
• Any claims made by the Client's customers, users, or visitors related to the Client's products, services, business practices, or representations on the website.
• The Client's failure to comply with applicable laws, regulations, or industry standards (including ADA/WCAG accessibility requirements, PCI compliance for payment processing, GDPR/CCPA for data collection, etc.).
• Any third-party service failures (Stripe, Twilio, hosting, etc.) integrated at the Client's request.

Von Builds agrees to indemnify the Client against claims arising from Von Builds' own gross negligence or willful misconduct in the performance of services, up to the total amount paid for the project.

9. Third-Party Integrations Disclaimer

Von Builds frequently integrates third-party services into Client websites, including but not limited to: Stripe (payment processing), Twilio (SMS), Netlify (hosting), Google Analytics, and various APIs.

• Von Builds is not an agent, representative, or partner of any third-party service provider.
• Third-party services are subject to their own terms of service, privacy policies, and pricing — which may change at any time without notice from Von Builds.
• Von Builds is not responsible for: third-party service outages, API changes that break functionality, fee increases, account suspensions, data handling practices, or security breaches occurring within third-party platforms.
• The Client is solely responsible for maintaining their own third-party accounts, accepting terms of service from those providers, and ensuring compliance with those providers' requirements (e.g., PCI-DSS compliance for Stripe).

10. Project Cancellation & Refunds

• Client cancellation: If the Client cancels a project after work has begun, the 50% deposit is non-refundable. If more than 50% of the project has been completed at the time of cancellation, the Client is responsible for paying for all completed work at a prorated rate.
• Developer cancellation: Von Builds reserves the right to cancel a project if the Client fails to provide required materials or feedback for more than 30 consecutive days, fails to make scheduled payments, or engages in abusive or harassing behavior. In the event of Developer-initiated cancellation due to Client breach, the deposit is non-refundable.
• Refunds: No refunds will be issued for completed and delivered work. Partial refunds for incomplete work will be calculated based on the percentage of work completed at the time of cancellation.

11. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of the project. This includes but is not limited to: business strategies, customer data, API keys, login credentials, financial information, and trade secrets.

This obligation survives the termination of the project relationship and remains in effect indefinitely.

12. Non-Solicitation of Third Parties

The Client agrees not to directly solicit, hire, or engage any subcontractor, freelancer, or third party introduced by Von Builds during the course of the project for a period of 12 months following project completion, without Von Builds' prior written consent.

13. Dispute Resolution

In the event of a dispute arising from or related to these terms or any project:

• Both parties agree to first attempt resolution through good-faith negotiation for a period of 30 days.
• If negotiation fails, both parties agree to submit the dispute to binding arbitration in Wake County, North Carolina, under the rules of the American Arbitration Association.
• The prevailing party in any arbitration or legal proceeding shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party.

14. Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws provisions. Any legal proceedings shall take place in Wake County, North Carolina.

15. Force Majeure

Neither party shall be liable for delays or failure in performance resulting from acts beyond the reasonable control of either party, including but not limited to: natural disasters, pandemics, government actions, internet outages, power failures, cyberattacks, or third-party service failures.

16. Severability

If any provision of these terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms of Service, together with any written project scope, proposal, or statement of work, constitute the entire agreement between the parties. No oral statements, representations, or prior written terms not included herein shall be binding. Amendments to these terms must be made in writing and agreed upon by both parties.

18. Acceptance

By engaging Von Builds for any project — including but not limited to sending a deposit, signing a proposal, or providing written approval to begin work — the Client acknowledges that they have read, understood, and agreed to these Terms of Service.

Questions about these terms? Reach out before your project begins so we can discuss any concerns.

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