By signing up for a GMS Designworks website design subscription, you agree to the following Terms of Service (“Terms”). These Terms apply to all subscription plans unless otherwise agreed to in writing.
1. Subscription Services
GMS Designworks provides ongoing website design, development, hosting support, and related services on a monthly subscription basis. Services included vary by plan (Basic, Standard, or Premium) as outlined on our pricing page.
Services are provided only during an active, paid subscription period.
2. Minimum Commitment
All subscription plans require a minimum six (6) month commitment.
- Subscriptions may not be canceled during the initial 6-month term.
- After the initial term, subscriptions continue on a month-to-month basis at the reduced rate listed for each plan unless canceled in accordance with these Terms.
3. Billing & Payments
- Subscription fees are billed monthly in advance.
- All payments are non-refundable once a billing cycle has begun.
- Late or failed payments may result in suspension or termination of services.
Pricing adjustments after the initial 6-month term will automatically apply as stated on the pricing page.
4. Scope of Work & Monthly Allowances
Each plan includes a defined amount of monthly work time for content updates, design changes, SEO tasks, or related services.
- Work requests are completed sequentially.
- Unused monthly time does not roll over.
- Requests exceeding the plan’s monthly allowance may be deferred or billed separately at GMS Designworks’ discretion.
5. Page Limits & Content
- Page limits apply as specified per plan.
- “Unlimited pages” applies to reasonable business use and excludes mass-generated, spam, or abusive content.
- Clients are responsible for the accuracy, legality, and ownership of all submitted content.
6. Hosting & Domain Support
Hosting and domain support are included where stated; however:
- Domain registrations, renewals, third-party software, plugins, themes, or licenses may incur additional fees.
- GMS Designworks is not responsible for outages or failures caused by third-party providers.
7. SEO & Performance Disclaimer
SEO services are provided on a best-effort basis.
- No specific rankings, traffic levels, or conversions are guaranteed.
- Search engine algorithms and external factors are beyond our control.
8. Ownership & Intellectual Property
Website designs and assets are licensed to the client only while the subscription is active and paid.
- Upon cancellation or nonpayment, GMS Designworks may remove hosted websites and revoke access to proprietary assets.
- Website migration or final handoff after cancellation may require an additional fee.
9. Cancellation After Minimum Term
After the initial six (6) month commitment:
- Subscriptions may be canceled with thirty (30) days’ written notice.
- Services continue through the final paid billing cycle.
- Partial-month refunds are not provided.
10. Client Responsibilities & Content Rights
- Provide timely feedback, approvals, and required materials
- Maintain legal rights to all text, images, graphics, logos, videos, and other content submitted
- Ensure all provided content does not infringe upon any copyright, trademark, or intellectual property rights of any third party
- Use services in compliance with all applicable laws
The client represents and warrants that they own or have proper permission, licenses, or usage rights for all content supplied to GMS Designworks.
GMS Designworks is not responsible for verifying ownership or licensing of client-provided content and shall not be held liable for any claims, damages, or legal actions arising from the use of such content.
GMS Designworks reserves the right to remove or disable any content that is subject to a copyright or intellectual property dispute.
The client agrees to indemnify and hold harmless GMS Designworks from any claims, losses, or legal expenses arising from the use of client-provided content.
11. Limitation of Liability
To the fullest extent permitted by Missouri law, GMS Designworks shall not be liable for loss of profits, data, business opportunities, or for indirect, incidental, or consequential damages.
Total liability shall not exceed the amount paid by the client to GMS Designworks during the thirty (30) days preceding any claim.
12. Governing Law & Venue (Missouri)
These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to conflict-of-law principles.
Any legal action or proceeding arising out of or relating to these Terms or the services provided shall be brought exclusively in the state or federal courts located within the State of Missouri, and the parties consent to personal jurisdiction and venue therein.
13. Severability
If any provision of these Terms is found to be unenforceable under Missouri law, the remaining provisions shall remain in full force and effect.
14. Modifications to Terms
GMS Designworks reserves the right to modify these Terms at any time. Continued use of services after changes are posted constitutes acceptance of the revised Terms.
15. Contact Information
For questions regarding these Terms of Service, please contact us at:
https://www.gmsdesignworks.com/contact-us/