Welcome to Nathan Allan Co., where we specialize in transforming ideas into beautifully designed, high-performing websites.

This document outlines the Terms of Service (the “Agreement”) between you (the “Client,” “you,” or “your”) and Nathan Allan Co. (the “Company,” “we,” “us,” or “our”). By accessing or using our Website Design Services, you agree to comply with and be legally bound by these Terms. We encourage you to carefully review this Agreement as it forms a binding contract between you and Nathan Allan Co.

By using our Website Design Services, you represent and warrant that you are at least 18 years of age. If you are using our services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not meet these eligibility requirements, you are not authorized to access or use our services.

These Website Design Terms of Service are intended to be read and applied in conjunction with our Website Hosting Terms of Service. If you have contracted for both website design and website hosting services with Nathan Allan Co., the terms governing each service are complementary and collectively form the complete agreement between you and Nathan Allan Co.

In the event of any conflict between these Website Design Terms and the Website Hosting Terms, the terms outlined in the Website Design Terms will govern the provision of website design services, while the Website Hosting Terms will apply to hosting-related services. By agreeing to both sets of Terms, you acknowledge that both are binding and applicable to the respective services provided.

Should any dispute arise involving both hosting and design services, the applicable provisions from both agreements will be considered in resolving the matter.

We reserve the right to modify, update, or replace any part of these Terms of Service at our sole discretion. Once updated, any changes will take effect immediately.

We will make reasonable efforts to notify you of significant updates to these Terms (email or through your admin account). However, it is your responsibility to review these Terms regularly to stay informed about any changes.

By continuing to use our Website Design Services after such modifications are made, you acknowledge and agree to be bound by the revised Terms of Service. If you do not agree with the updated Terms, you must discontinue using our services immediately. Continued use of the services after changes will be deemed acceptance of the revised Terms.

Our initial website design services include planning, design, and development of a custom website based on the client’s approved package, preferences, and requirements. These services are governed by a separate Website Design Agreement, which outlines project timelines, deliverables, and payment terms specific to the initial website creation.

Once the initial design project is completed and the website is launched, the services transition into Ongoing Website Design Services, as defined below. The ongoing services focus on continued support, design updates, and content management to ensure the website remains current, functional, and aligned with your business goals.

Our ongoing website design services are designed to maintain, enhance, and update your website after its launch. These services focus on providing continuous design support and improvements to ensure your site remains visually engaging, user-friendly, and functional. 

Under this scope, we may perform, upon request:

• Design edits or layout adjustments to existing pages.
• Addition or replacement of images, text, and graphics,
• Styling and formatting updates to maintain brand consistency.
• Minor feature adjustments or visual enhancements.
• Adding new pages, sections, or banners.
• Responsive design adjustments for mobile or tablet optimization.
• Consultation on design strategy or user experience improvements.

All requests are handled in the order they are received. Standard turnaround times may vary depending on complexity and current workload.

Certain requests fall outside the scope of our ongoing website design services and may require a separate proposal or agreement. The following are considered out of scope and will incur additional costs.

• Full website redesigns or complete theme rebuilds.
• Advanced development features (membership systems, online stores, or third-party integrations).
• SEO, advertising, or marketing-related services.
• Copywriting, content creation, or brand identity development.
• Custom animations, plugin development, or coding beyond design adjustments.
• Emergency or rush projects requiring completion within 24 hours.

If a requested task falls outside the scope of your ongoing service plan, we will provide a custom quote before work begins.

To ensure efficient and high-quality service delivery, clients agree to:

1. Provide Timely Responses: Approve designs, provide feedback, and submit required content within reasonable timeframes to avoid project delays.
2. Supply Accurate Information: Ensure all content, images, and materials provided are accurate, up-to-date, and legally owned or licensed.
3. Follow Editing Guidelines: Make website changes only as instructed in the provided tutorial video or documentation to prevent functional issues.
4. Maintain Clear Communication: Submit design requests and updates through approved communication channels (such as your admin account or email).

Failure to fulfill these responsibilities may result in delayed service delivery, additional fees, or temporary suspension of design services until the issue is resolved.

We reserve the right to modify, suspend, or discontinue any design features, tools, or portions of the Website Design Services at any time, with or without prior notice. These modifications may be made to improve performance, ensure compatibility, or maintain service quality.

We strive to maintain consistent service availability, but cannot guarantee uninterrupted access to design services or related features at all times. Temporary unavailability may occur due to maintenance, high request volumes, or technical issues. 

In such cases, we will make reasonable efforts to communicate significant interruptions and resume normal service as promptly as possible. Clients acknowledge that occasional delays or interruptions may occur and agree that Nathan Allan Co. will not be held liable for such occurrences. 

All payments for Website Design Services provided by Nathan Allan Co. are one-time payments and are separate from any website hosting subscription fees. Each design service or request will be billed individually based on the agreed scope of work before the project.

Deposits and Balance Payments

• A deposit may be required before work begins, depending on the nature and size of the project.
• The remaining balance will be due upon completion of the requested design work, prior to final delivery or implementation.
• By submitting a deposit, you agree to these Terms of Service and authorize us to complete the agreed-upon work.

Payment Collection

• Invoices are issued electronically and must be paid by the due date listed.
• Work may be paused or delayed if payment is not received in a timely manner.
• All payments must be made through the approved payment methods provided by Nathan Allan Co.

Non-Refundable Payments

• All payments, including deposits, are non-refundable once work has commenced, as outlined in our Refund Policy.

Additional or Out-of-Scope Work

• If additional design services are requested beyond the agreed scope (such as extensive redesigns, development features, or custom integrations), a separate quote and invoice will be issued. Work on these additional services will not begin until payment is received. 

Nathan Allan Co. provides Ongoing Website Design Services to assist clients with updates, design improvements, and other creative requests related to their existing websites. All service requests must be submitted through the proper communication channels, as outlined in your admin dashboard or as otherwise directed by Nathan Allan Co. 

Once a service request is received, it will be reviewed to determine its scope, estimated turnaround time, and whether it falls within the limits of your ongoing website design services. Turnaround times vary depending on the complexity and size of the request, as well as the current project queue.

Typical turnaround times are as follows:

• Minor updates or design adjustments: Same-day – 3 business days.
• New page designs or more extensive layout changes: 3 – 7 business days.
• Complex or custom design work: Varies.

While Nathan Allan Co. strives to complete all service requests promptly, turnaround times are estimates and not guaranteed. Delay may occur due to factors such as the client’s response time, approval delays, third-party dependencies, or technical issues beyond our control. 

Clients are responsible for providing all necessary content, materials, and approvals needed to complete the requested design work. Requests that lack sufficient information or materials may result in delays or suspension of work until the required assets are received. 

Service requests are processed in the order they are received unless otherwise prioritized by Nathan Allan Co. for operational technical reasons. Rush requests may be accommodated when possible, but may be subject to an additional fee. 

Nathan Allan Co. reserves the right to decline, postpone, or reclassify any service request that falls outside the agreed-upon scope of ongoing website design services. Requests deemed out of scope will require separate approval and may be subject to new estimate or invoice before work begins. 

Nathan Allan Co. provides responsive communication and dedicated support to assist clients with ongoing website design needs, project updates, and general inquiries. To ensure efficiency and accurate recordkeeping, all communication must be conducted through approved channels.

Official communication and support channels include:

• Email: [email protected] – Recommended for submitting design requests, revisions, and general inquiries.
• Video Meetings: Available for in-depth discussion or walkthroughs. Appointments can be scheduled through the admin dashboard or as directed by Nathan Allan Co.
• Text Communication: For brief updates or confirmation, the content number provided in your admin dashboard may be used. Text communication should not replace formal requests or project documentation.

All project-related communication must be conducted through these approved channels. Requests or instructions sent via personal messaging platforms, social media, or unapproved methods will be considered official and may be processed.

Response times generally range from 1-2 business days for standard inquiries. Response times for complex design or revision requests may vary depending on project volume and the nature of the request.

Support and communication are available during standard business hours, Monday through Friday (excluding holidays). Messages received outside of business hours will be addressed the next business day.

Nathan Allan Co. reserves the right to limit or suspend communication through certain channels if messages become excessive, unrelated to ongoing services or disruptive to the workflow.

Clients are given backend access to their website to make edits and updates to their website. However, we reserve the right to make changes to your website at any time, with or without prior notice, to ensure the following:

• Consistency with the overall design theme of your website.
• Correction of grammatical, spelling, or formatting errors.
• Alignment with evolving design standards and best practices.

To maintain the quality and functionality of your website, it is highly recommended to follow the editing guidelines provided in the tutorial video available in your admin account. Any edits made outside of the scope of these guidelines may result in functionality issues, design inconsistencies, or technical errors.

Should such issues arise due to edits made by the client outside of the recommended guidelines, we reserve the right to correct these issues. Repairs for client-caused errors will be billed at double the standard rate, and the client agrees to pay for any such corrective work. 

Nathan Allan Co. shall not be held liable for any loss, downtime, or design iddues resulting from editsmade by the client that deviate from the recommended guidelines.

You may hire a third-party designer to make edits or updates to your website. Use of a third-party designer is entirely optional; however, it is highly recommended that you continue to use Nathan Allan Co. for ongoing design services, as we are the original designers of your website and best positioned to maintain design consistency, functionality, and overall quality.

Separate Account Requirement

• Third-party designers must have their own user account under your website’s admin.
  • This ensures they will not receive full administrative access to the client’s account.
• You are responsible for securely managing the third-party account, including maintaining strong login credentials.

Client Intellectual Property
You retain full ownership of all content, data, domain names, graphics, images, logos, and any other materials (“Client Content”) that you provide to Nathan Allan Co. for use in your website’s design, updates, or ongoing maintenance.

You also retain ownership of any content, copy, or media that you create or upload directly to your website after its initial launch. Nathan Allan Co. does not claim ownership of your website content or brand materials at any stage of design or service.

It is your sole responsibility to ensure all Client Content provided to Nathan Allan Co. is accurate, lawful, and properly licensed for use and publication. You represent and warrant that you have obtained all necessary rights, permissions, and licenses to use, display, and distribute such materials.

Nathan Allan Co. assumes no liability for copyright infringement, trademark disputes, or any other intellectual property violations arising from the use, publication, or distribution of your content. You agree to indemnify, defend, and hold harmless Nathan Allan Co., along with its affiliates, officers, directors, employees, and agents, from and against all third-party claims, damages, expenses (including reasonable attorney’s fees) related to or arising from your Client Content.

Nathan Allan Co.’s Intellectual Property
All design tools, custom frameworks, templates, coding structure, plugins, scripts, design systems, and proprietary methods developed or used by Nathan Allan Co. in the creation, maintenance, or support of your website remain the sole intellectual property of Nathan Allan Co. or its licensed providers.

You are granted a limited, non-exclusive, non-transferable license to use these proprietary materials solely for the purpose of operating and displaying your website as designed by Nathan Allan Co. Any unauthorized copying, resale, distribution, or modification of our proprietary tools, frameworks, or backend systems is strictly prohibited and may result in legal action.

Third-Party Assets
Your website may include design elements or assets from third-party sources, such as stock photos, icons, templates, plugins, or integrations. While Nathan Allan Co. makes every effort to ensure proper licensing and compliance, we do not warrant or guarantee that third-party materials are free from infringement claims. You are responsible for reviewing and maintaining the necessary rights or licenses for any third-party content you supply or install after project delivery.

Ongoing Design Edits and Rights of Use
By engaging in our ongoing Website Design Services, you grant Nathan Allan Co. permission to access, modify, and update your website’s content, layout, and structure solely for the purpose of maintaining or improving its design and functionality. This permission is limited to work performed under your active service agreement and does not transfer ownership of any intellectual property to Nathan Allan Co. 

Nathan Allan Co. reserves the right to display non-confidential portions of completed design work in our professional portfolio, website, or promotional materials as examples of past projects.

Nathan Allan Co., along with its affiliates, directors, employees, agents, and licensors, shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use or inability to use our web design and web hosting services. This includes, but is not limited to, damages for loss of profits, revenue, data, business opportunities, or other intangible losses, whether such damages are based on contract, tort, strict liability, or any other legal theory—even if Nathan Allan Co. has been advised of the possibility of such damages.

While we strive to provide reliable and uninterrupted web hosting services, we do not guarantee the continuous availability or flawless operation of our services. Temporary unavailability may occur due to scheduled maintenance, technical issues, or factors beyond our control, such as third-party outages or force majeure events.

By using our services, you acknowledge and accept that such interruptions may occur and agree that Nathan Allan Co. shall not be held liable for any loss, inconvenience, or damages resulting from the temporary unavailability or disruption of our services.

You agree to indemnify, defend, and hold harmless Nathan Allan Co., its affiliates, directors, officers, employees, agents, partners, and licensors from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
– Your use of our web design and hosting services.
– Your violation of these Terms & Conditions.
– Your violation of any rights of a third party.

You further agree to fully cooperate in the defense of any such claims. Nathan Allan Co. reserves the right, at its sole expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such cases, you agree not to settle any matter without the prior written consent of Nathan Allan Co.

This indemnification obligation will survive the termination of your use of our services and the termination of these Terms & Conditions.

You acknowledge and agree that Nathan Allan Co. acts solely as an intermediary platform between you and any third-party services (“Third-Party Services”), regardless of how such services are offered (whether bundled or integrated with our services or offered separately by Nathan Allan Co.). Nathan Allan Co. does not endorse, control, or assume responsibility for any Third-Party Services and is not liable for any issues, interactions, or transactions between you and the providers of such services.

You further acknowledge that certain Third-Party Services may require additional payments to Nathan Allan Co. and/or directly to the providers of such services. All such payments and the use of these services are governed by the respective terms of the Third-Party Service providers.

Nathan Allan Co. reserves the right to remove, modify, or discontinue any Third-Party Services at any time. This may impact your website, user account, or overall experience. By agreeing to these Terms, you accept that Nathan Allan Co. shall not be held liable for any loss, inconvenience, or damages resulting from the removal, modification, or unavailability of such services.

By agreeing to these Website Design Terms of Service, you acknowledge and agree to be bound by Nathan Allan Co.’s Refund Policy, which is available and detailed on our official Refund Policy page.

In summary, all website design fees are non-refundable once the service has been initiated, delivered, or completed. This includes, but is not limited to, deposits, remaining balances, milestone payments, design drafts, revisions, add-on services, and any setup or administrative fees.

Refunds may only be considered in exceptional circumstances expressly outlined in our detailed Refund Policy. You are responsible for reviewing the Refund Policy prior to purchasing or approving any website design services.

For full details, please review the complete Refund Policy here.

In the event of any dispute between you and Nathan Allan Co. arising from or related to these Terms of Service, your use of our services, or any other matter (including, but not limited to, disputes regarding interpretation, breach, invalidity, non-performance, or termination), we are committed to resolving the dispute fairly and cooperatively. We encourage you to contact us directly and engage in good-faith discussions to resolve the matter amicably.

If an informal resolution cannot be reached within 30 days of the initial dispute notice, Nathan Allan Co. reserves the right, at our sole discretion, to require that the dispute be resolved through final and binding arbitration. This arbitration will take place in the State of California, specifically in the County of Los Angeles, and will be conducted in accordance with the Rules of Arbitration governed by the American Arbitration Association (AAA).

The parties agree that California law shall govern the arbitration proceedings, without regard to its conflict of laws principles. The arbitration decision shall be final and binding upon both parties and may be entered as a judgment in any court of competent jurisdiction.

By agreeing to these Terms, you acknowledge and agree to the following:

• Arbitration as a Last Resort: Arbitration will only be pursued after good-faith informal resolution efforts have been exhausted for at least 30 days.
• Waiver of Trial: You waive your right to a trial by jury or judge, except for claims that may be brought in small claims court.
• Fairness and Efficiency: The arbitration process is designed to be fair, efficient, and cost-effective, with a focus on resolving disputes quickly and effectively.

This dispute resolution clause is intended to foster a cooperative process for resolving disagreements while reducing the burden of litigation.

We will not be held liable for any failure or delay in performance of services due to events beyond our reasonable control, including but not limited to:

• Natural disasters (e.g., floods, earthquakes, fires)
• Acts of government (e.g., regulations, restrictions)
• Technical failures (e.g., internet outages, server failures)
• Terrorism, pandemics, or other unforeseen events
• Strikes or labor disputes

In the event of a Force Majeure event, we will make reasonable efforts to minimize any disruption to services. However, we cannot guarantee uninterrupted service or completion of work during such events. If such circumstances significantly affect the ability to deliver services, we will notify the client as soon as possible and work to find a resolution.

You and Nathan Allan Co. agree that any disputes, claims, or causes of action arising out of or relating to these Terms of Service or your use of our services shall be resolved on an individual basis. By agreeing to these Terms, you waive the right to bring or participate in any lawsuit, arbitration, or other legal action on behalf of any group, class, or other collective entity.

This means:

• No Class Actions: You agree not to initiate, join, or participate in any class action lawsuit, class arbitration, or other group or representative action against Nathan Allan Co.
• No Consolidated Disputes: You agree that disputes involving multiple parties or consolidated claims will not be permitted.

This Class Action Waiver applies to all clients located within the United States and is enforceable to the fullest extent permitted by law. You acknowledge and agree that this waiver is a condition of your use of our services, and that it is an essential part of our agreement.

The section headings in this Agreement are provided solely for convenience and reference purposes. They shall not be used to define, limit, interpret, or describe the scope, intent, or meaning of any section of these Terms. The section headings have no legal or contractual effect and shall not be used in the interpretation or enforcement of the Terms outlined in this Agreement.

If any provision of these Terms of Service is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be considered severable from the rest of the Agreement. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect.

By accessing and using the Website Design Services provided by Nathan Allan Co., you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. This Agreement constitutes the entire understanding between you and Nathan Allan Co. regarding our Website Design Services and supersedes any prior agreements, communications, or understandings, whether written or oral.

If you have any questions or concerns regarding these Terms of Service, please contact us at [email protected]. Thank you for choosing Nathan Allan Co. as your provider of website design services.