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Digital Space 
Innovations

Terms & Conditions

A Legal Disclaimer

Last Updated: November 30, 2025

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Agency: Digital Space Innovations Website: www.digitalspaceinnovations.com

Contact: contact@digitalspaceinnovations.com | (585) 354-7458

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1. ACCEPTANCE OF TERMS
By signing a proposal, making a payment, or utilizing the services of Digital Space Innovations ("Agency"), the Client ("Client") agrees to be bound by these Terms and Conditions ("Agreement"). This Agreement constitutes the entire understanding between the parties.

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2. SERVICES & SUPPORT

  • 2.1. Scope of Support: "Support Hours" include production time, email correspondence, in-person meetings, phone calls, and video conferences. All meetings and calls count toward the monthly hourly cap associated with the Client’s package.

  • 2.2. Service Packages:

    • Basic & Standard Packages: Includes Domain renewal, Hosting, and minor website edits capped at 1 hour per calendar month.

    • Membership & Premium Packages: Includes Domain, Hosting, plus 4 dedicated hours per calendar month for projects (image creation, event management, membership management, ecommerce assistance).

  • 2.3. Overage & Rollover Policy: Work requested beyond the monthly cap is billed at $50 per hour. Unused hours do not roll over to the next month.

  • 2.4. Business Hours: Standard business hours are Monday through Friday, 10:00 AM to 5:00 PM EST, excluding US Federal Holidays.

  • 2.5. Emergency Rates: Support requests requiring immediate action outside of Standard Business Hours are billed at an Emergency Rate of $100 per hour.

  • 2.6. Official Communication: The Client must submit valid work orders via Email (contact@digitalspaceinnovations.com), Phone/Text (585-354-7458), or the Website Contact Form. The Agency is not responsible for requests sent via social media or personal channels.

  • 2.7. Exclusions: Services do not include IT support, email configuration, fixing local computer issues, or troubleshooting third-party email clients (e.g., Outlook, Apple Mail).

 

3. FEES, PAYMENTS & BILLING

  • 3.1. Payment Methods: The Agency accepts Cash, Check, and Credit Card.

  • 3.2. Setup Fee: The initial Setup Fee is strictly non-refundable once the recurring monthly subscription period begins.

  • 3.3. No Pause Policy: Subscription services cannot be paused, even for seasonal businesses. Subscriptions are year-round to cover hosting and data retention costs.

  • 3.4. Grace Period & Disconnection: Invoices have a 30-day grace period. If payment is not rectified within 30 days of the due date, the website will be taken offline immediately.

  • 3.5. Reactivation Fee: To restore service after a non-payment disconnection, a $100 Reactivation Fee will apply.

  • 3.6. Rush Fees: Work requested with less than 48 hours' notice is subject to a 50% surcharge.

  • 3.7. Anti-Chargeback Policy: If the Client issues a chargeback without first contacting support to resolve the dispute, the account will be terminated immediately. A $50 Administrative Fee plus the disputed amount and any collection costs will be sent to collections.

  • 3.8. Invoice Disputes: The Client must notify the Agency of billing discrepancies within 30 days of the invoice date. After 30 days, invoices are deemed accurate and valid.

  • 3.9. Cost Pass-Through: The Agency reserves the right to pass through third-party fee increases (e.g., Wix, Hosting, Plugins) to the Client immediately.

  • 3.10. Price Modifications: The Agency reserves the right to modify recurring subscription rates with 30 days' written notice.

  • 3.11. Taxes: The Client is responsible for paying all applicable federal, state, and local taxes.

 

4. CANCELLATION & TERMINATION

  • 4.1. Notice Period: The Client must provide 30 days' written notice via email to cancel services.

  • 4.2. No Pro-Rated Refunds: Billing is monthly. No refunds will be issued for cancellations that occur mid-billing cycle.

  • 4.3. Data Retention: Upon termination, the Agency will retain Client data for 30 days. After 30 days, all site files and databases will be permanently deleted.

  • 4.4. Project Sunset (Dormancy): Projects that remain inactive for more than 90 days due to Client non-responsiveness will be cancelled. A re-quote and reactivation fee will be required to resume.

  • 4.5. Corporate Divorce: In the event of a dispute between owners or partners of the Client entity, the Agency reserves the right to freeze the account and take the website offline until a court order or mutual written agreement is presented.

 

5. INTELLECTUAL PROPERTY & BUYOUTS

  • 5.1. Design Ownership: Digital Space Innovations retains full ownership of the website design, code, layout, and custom assets while the subscription is active. This Agreement is NOT a "Work Made For Hire" until a Buyout Fee is paid.

  • 5.2. Domain Ownership: The Client retains 100% ownership of their Domain Name (URL). Upon cancellation, the Agency agrees to release the domain to the Client, provided the account balance is current.

  • 5.3. Buyout Options: If the Client wishes to transfer the website design/account to their own control, they must pay a Buyout Fee:

    • Basic Package Buyout: $3,000

    • Standard Package Buyout: $5,000

    • Membership/Premium Buyout: $15,000

  • 5.4. Non-Payment of Buyout: If the Client cancels and chooses not to pay the Buyout Fee, the Agency retains the design and code. The website will be taken offline, and the Domain Name will be released to the Client.

  • 5.5. Anti-Plagiarism: The Client agrees not to copy, scrape, or reverse-engineer the site design to host elsewhere without executing the Buyout Agreement.

  • 5.6. Footer Credit: The Agency reserves the right to place a "Designed by Digital Space Innovations" link in the footer. This link may be removed for a White Label Fee of $250.

  • 5.7. AI Disclaimer: The Agency may utilize AI tools for content or code generation. The Agency does not guarantee the copyrightability of AI-generated assets.

 

6. REVISIONS, ACCEPTANCE & STAGING

  • 6.1. Initial Revisions: The Setup Fee includes unlimited rounds of revisions before launch. 

  • 6.2. Staging Environment: Access to the staging site is for development purposes only. The staging site is deleted on the day the website goes live.

  • 6.3. Deemed Acceptance: Upon delivery of any work, the Client has 5 business days to provide feedback. If no feedback is received, the work is legally deemed "Accepted" and complete.

  • 6.4. Warranty: The Agency provides a 30-day warranty period following the launch date to fix technical bugs at no cost. Issues reported after 30 days are billable.

 

7. TECHNICAL LIMITATIONS & DISCLAIMERS

  • 7.1. Browser Compatibility: The Agency guarantees functionality on modern web browsers (Chrome, Safari, Firefox, Edge) updated within the last 2 years.

  • 7.2. Third-Party Liability: The Agency is not liable for downtime, data loss, security breaches, or functionality changes caused by third-party platforms (e.g., Wix, WordPress, Hosting Providers, APIs).

  • 7.3. No SLA: The Agency does not offer a Service Level Agreement (SLA) regarding uptime.

  • 7.4. SEO & E-Commerce: The Agency does not guarantee specific search engine rankings, traffic numbers, or ADA compliance. The Agency is not responsible for tax calculations or PCI compliance violations handled by third-party processors.

  • 7.5. Backups: The Agency does not guarantee data recovery.

  • 7.6. Privacy Laws: The Client is solely responsible for ensuring the website complies with applicable privacy laws (GDPR, CCPA, etc.).

 

8. CLIENT RESPONSIBILITIES & CONDUCT

  • 8.1. Client Authority: The individual signing this Agreement is the sole authorized point of contact.

  • 8.2. Zero-Tolerance for Abuse: The Agency reserves the right to immediately terminate this Agreement without refund if the Client engages in abusive, threatening, or harassing behavior toward Agency staff.

  • 8.3. Credential Security: The Client agrees to provide passwords only via secure methods. The Agency is not liable for breaches resulting from passwords sent via text or unencrypted email.

 

9. PLATFORM DEPENDENCIES & AGENCY AUTHORITY

  • 9.1. Platform Dependency: Services may be built on third-party platforms. The "Buyout" consists of transferring account control subject to the platform's limitations.

  • 9.2. Migration Labor: The Buyout Fee covers the release of assets/account only. It does not cover the labor to migrate the website to a new host. Migration assistance is billable at the standard hourly rate.

  • 9.3. Limited Agency Authority: The Client authorizes the Agency to accept "Terms of Service" on third-party tools (plugins, registrars) on the Client's behalf as necessary to perform the Services.

 

10. LIABILITY & INDEMNIFICATION

  • 10.1. Limitation of Liability: The Agency's total liability under this Agreement shall not exceed the total amount of subscription fees paid by the Client in the three (3) months preceding the claim.

  • 10.2. Indemnification: The Client agrees to indemnify and hold the Agency harmless against any claims, damages, or legal fees arising from content provided by the Client (images, text, logos) or the Client's use of the website.

  • 10.3. Force Majeure: The Agency is not liable for failure to perform duties due to causes beyond reasonable control, including Acts of God, war, internet outages, pandemics, or government shutdowns.

 

11. JURISDICTION & DISPUTE RESOLUTION

  • 11.1. Governing Law: This Agreement is governed by the laws of New York State.

  • 11.2. Arbitration: Any dispute arising under this Agreement shall be resolved through binding arbitration in Monroe County, New York, except for intellectual property injunctive relief or small claims.

  • 11.3. Statute of Limitations: Any claim must be filed within one (1) year after the cause of action arises, or it is forever barred.

  • 11.4. Legal Fees: The prevailing party in any legal action shall be entitled to recover reasonable attorney's fees and costs.

  • 11.5. Collections: If the account is sent to a collection agency, the Client is responsible for paying all collection fees (up to 30% of the balance) in addition to the original debt.

  • 11.6. Formal Notices: All formal legal notices must be sent via email to contact@digitalspaceinnovations.com. No physical mailing address is required.

 

12. GENERAL PROVISIONS

  • 12.1. Entire Agreement: This document constitutes the entire agreement between the parties.

  • 12.2. Severability: If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in full force and effect.

  • 12.3. Electronic Signatures: The Client agrees that electronic acceptance (clicking "I Agree," email confirmation, or payment of an invoice) constitutes a binding signature.

  • 12.4. Survival: The provisions regarding Confidentiality, Indemnification, Liability, and Non-Solicitation shall survive the termination of this Agreement.


By using Digital Space Innovations' Site and Services, you signify your acceptance of these Terms and Conditions.

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