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 (Starter, Growth, or Pro) as outlined on our pricing page.
Services are provided only during an active, paid subscription period. Requests submitted after cancellation or suspension of service will not be completed unless otherwise agreed to in writing.
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 six (6) month term, subscriptions continue on a month-to-month basis at the then-current monthly rate 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.
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 in accordance with Section 7 (Work Request Priority).
- Unused monthly time does not roll over.
- Requests exceeding the monthly allowance may be deferred to a future billing period or quoted separately with the client’s approval.
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 Assistance
Hosting services and domain assistance 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. Work Request Priority
Requests are generally completed in the order received, subject to priority given to security issues, service outages, emergency maintenance, and the timely receipt of any required client materials or approvals. Estimated completion times are not guaranteed.
8. Backups & Service Availability
GMS Designworks performs routine website backups and takes reasonable measures to maintain website availability. However, no backup system or hosting environment is guaranteed to be free from failure. Clients are encouraged to maintain independent copies of important content. GMS Designworks shall not be liable for data loss caused by hardware failure, cyberattacks, third-party service interruptions, or events beyond its reasonable control.
9. 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.
10. Website Ownership
Upon payment of all amounts due under the subscription, including any amounts due through the effective cancellation date, the client owns the website content and custom design created specifically for their project. GMS Designworks retains ownership of any proprietary tools, software, reusable code libraries, plugins, frameworks, and other intellectual property developed independently of the client’s website.
Third-party themes, plugins, fonts, stock photography, and other licensed assets remain subject to the terms of their respective licenses.
If hosting is provided by GMS Designworks, websites may be suspended or removed for nonpayment after reasonable notice. Upon cancellation, clients may request a copy of their website for transfer to another hosting provider. Migration assistance may be available for an additional fee.
Nothing in these Terms prevents GMS Designworks from reusing general programming techniques, design concepts, workflows, or non-client-specific code developed during the course of providing services.
11. Cancellation After Minimum Term
After the initial six (6) month commitment:
- Subscriptions may be canceled by providing at least thirty (30) days’ written notice.
- If a scheduled renewal occurs within the notice period, the subscription may renew for one final billing cycle before cancellation becomes effective.
- Services continue through the end of the final paid billing period.
12. 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.
13. Termination for Abuse or Illegal Use
GMS Designworks reserves the right to suspend or terminate services immediately, without refund, if a client uses the services for unlawful activities, distributes malware, sends spam, infringes intellectual property rights, or otherwise engages in conduct that may expose GMS Designworks or its hosting providers to legal liability or service disruption.
14. 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 total amount paid by the client during the twelve (12) months immediately preceding the claim.
15. 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.
16. 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.
17. 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.
Material changes will apply prospectively and will not affect services already performed.
18. Contact Information
For questions regarding these Terms of Service, please contact us or through our Contact page.