1. Acceptance of Terms

These Terms of Use (“Terms”) govern your access to and use of the website located at featherencoded.com (the “Site”) and any services, content, or features made available through the Site (collectively, the “Services”), operated by Feather Encoded (“we,” “us,” or “our”).

By accessing or using the Site in any way — including browsing, submitting a contact form, or purchasing a plan — you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not use the Site.

We reserve the right to update these Terms at any time. Continued use of the Site following the posting of changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. Description of Services

Feather Encoded provides custom website design and development services, including but not limited to flat HTML landing pages and WordPress-based website builds. All services are provided on a project basis at fixed prices as described on the Site at the time of purchase.

2.1 Service Availability

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

2.2 Service Scope

The scope of each service tier is as described on the Site at the time of your purchase. Any work outside the described scope — including additional pages, features, integrations, or design elements not included in your selected plan — may be subject to additional fees and will require a separate written agreement.

3. Purchases and Payment

3.1 Pricing

All prices are listed in U.S. dollars (USD) and are subject to change at any time without notice. The price displayed at the time you initiate a purchase is the price you will be charged.

3.2 Payment Processing

All payments are processed securely by Stripe, Inc. By completing a purchase, you agree to Stripe’s Terms of Service and Privacy Policy. We do not store your credit card or payment information on our servers. You represent and warrant that you are authorized to use the payment method you provide.

3.3 One-Time Fees

All service plans are priced as one-time, flat-rate fees unless explicitly stated otherwise. There are no recurring charges associated with your plan purchase. Hosting, domain registration, third-party plugin licenses, and ongoing maintenance are not included unless specifically stated in your plan description.

3.4 Refund Policy

Due to the custom, labor-intensive nature of our services, all sales are final. We do not offer refunds once work has commenced on your project. If you have concerns about the quality of delivered work, please contact us at hello@featherencoded.com within 7 days of delivery and we will work in good faith to address them within the scope of your purchased plan.

4. Project Process and Client Responsibilities

4.1 Client Materials

You agree to provide all content, assets, brand guidelines, copy, images, and other materials necessary for us to complete your project in a timely manner (“Client Materials”). We are not responsible for delays caused by your failure to provide required materials. All Client Materials you provide must be owned by you or properly licensed for use, and must not infringe the intellectual property rights of any third party.

4.2 Feedback and Approvals

You are responsible for reviewing all deliverables and providing timely feedback. Silence or lack of response for more than 14 calendar days following delivery of a draft or deliverable may be deemed acceptance of that deliverable at our discretion.

4.3 Project Abandonment

If a project becomes inactive due to non-responsiveness or failure to provide required materials for more than 30 consecutive calendar days, we reserve the right to consider the project abandoned. In such cases, no refund will be issued for work already performed.

5. Intellectual Property

5.1 Ownership of Deliverables

Upon receipt of full payment for your project, we assign to you all right, title, and interest in the final custom design and code deliverables created specifically for your project (“Deliverables”), including all applicable intellectual property rights therein.

5.2 Our Pre-Existing Work

The assignment in Section 5.1 does not apply to any code libraries, frameworks, tools, methodologies, processes, or pre-existing work we use in the creation of your project (“Background IP”). We retain all rights in our Background IP. To the extent any Background IP is incorporated into your Deliverables, we grant you a non-exclusive, perpetual, royalty-free license to use it solely as part of your Deliverables.

5.3 Our Site Content

All content on the Site itself — including text, graphics, logos, design, and code — is owned by or licensed to Feather Encoded and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any Site content without our express written permission.

5.4 Portfolio Rights

Unless you notify us in writing prior to project launch, you grant us a non-exclusive, royalty-free license to display your completed project in our portfolio, case studies, and marketing materials for the purpose of showcasing our work.

6. Third-Party Services and Links

Our Services may involve or integrate with third-party services, including Stripe for payment processing and Google Analytics for website analytics. Your use of such third-party services is governed by their respective terms of service and privacy policies. We have no control over, and assume no responsibility for, the content, practices, or policies of any third-party services.

The Site may contain links to third-party websites. These links are provided for your convenience only. We do not endorse and are not responsible for the content or practices of any linked third-party websites.

7. Acceptable Use

You agree to use the Site and Services only for lawful purposes and in a manner consistent with these Terms. You agree not to:

• Use the Site in any way that violates applicable local, state, national, or international law or regulation
• Submit false, misleading, or fraudulent information through any form on the Site
• Attempt to gain unauthorized access to any part of the Site or its related systems
• Introduce viruses, malware, or other malicious code to the Site
• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site
• Use automated means (bots, scrapers, crawlers) to access or collect data from the Site without our express written permission
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity

8. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FEATHER ENCODED EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that any specific results will be achieved through use of our Services, including but not limited to rankings in search engines, website traffic, or business outcomes.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FEATHER ENCODED, ITS OWNERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR REPUTATIONAL HARM — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU TO FEATHER ENCODED IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Feather Encoded and its owners, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

• Your access to or use of the Site or Services
• Your violation of these Terms
• Any Client Materials you provide that infringe the intellectual property or other rights of any third party
• Your violation of any applicable law or regulation

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law provisions.

11.2 Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or the Services, the parties agree to first attempt to resolve the dispute informally by contacting us at hello@featherencoded.com. If the dispute is not resolved within 30 days, either party may pursue formal legal remedies.

11.3 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Indiana, and you hereby consent to the personal jurisdiction of such courts.

12. Miscellaneous

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Feather Encoded with respect to the Site and Services, and supersede all prior and contemporaneous agreements, representations, and understandings.

12.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

12.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision unless acknowledged and agreed to by us in writing.

12.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms freely without restriction.

12.5 No Agency

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and Feather Encoded.

13. Contact Us

If you have any questions about these Terms of Use, please contact us:

Feather Encoded

Email: ivy@featherencoded.com
Website: featherencoded.com