Terms of Service

Effective date: 2025 · Operated by Marque Concours Group LLC · San Antonio, Texas

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Section 01

Scope of Work

All projects begin with a clear, agreed-upon scope^*. This includes the package selected (Starter, Standard, or Custom), any add-ons discussed, and any specific requirements communicated in writing prior to the deposit^* being paid.

Work performed is limited to what was agreed upon at the time of deposit. Any requests made after work has begun that fall outside the original scope — additional pages, new sections, redesigns, or significant changes in direction — are considered out-of-scope and will be quoted and billed separately at $85/hour or as a flat add-on fee, depending on the nature of the request.

Sergio Davila reserves the right to decline out-of-scope requests that would significantly alter the original project without additional compensation. If a client continuously expands the scope of work without agreeing to additional payment — a pattern known as scope creep^* — Sergio Davila may pause or terminate the project and retain all payments received to that point.

Verbal agreements do not modify these terms. All scope changes must be confirmed in writing via email before additional work begins.

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Section 02

Payment

All payments are made via Zelle. No other payment methods are accepted unless explicitly agreed upon in writing by Sergio Davila prior to the project start. Payment instructions will be provided upon project confirmation.

Projects are structured on a two-payment schedule:

• Deposit (50%): Due before any work begins. Work will not start until the deposit is received and confirmed. This deposit is non-refundable once work has commenced.
• Final payment (50%): Due before the site preview^* is delivered. The preview link, completed files, domain transfer, and site launch will not be initiated until the final balance is paid in full.

There are no exceptions to this structure. The site does not go live and no files are transferred until Sergio Davila has received payment in full. This protects both parties and keeps the process clean.

If a client is unable to make the final payment within 14 days of being invoiced for it, the project will be considered abandoned^*. See Section 06 for abandonment terms.

All prices listed are in US dollars. Prices are subject to change at any time for new projects. Prices agreed upon at the time of deposit are honored for that project only.

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Section 03

Refund Policy

Refunds are handled based on the stage of the project at the time of the cancellation request:

• Cancelled before work begins: A full refund is issued minus a $50 administrative fee. "Before work begins" means before any design files have been opened, any domain has been registered, or any planning work specific to the client's project has taken place.
• Cancelled after work begins but before final payment: The deposit is non-refundable. No additional amount is owed by the client. Work stops immediately upon written cancellation notice.
• Cancelled after final payment and preview delivery: No refund is issued. The service has been delivered. The client retains access to the preview and all assets completed to that point.

Because web design is a custom service — built specifically for each client — completed work cannot be returned, repurposed, or resold. Refunds are not issued on the basis of a change of mind, change of business direction, or dissatisfaction with a delivered product that matches the agreed-upon scope^*.

If the client believes the delivered work does not match the agreed scope, they must raise this concern in writing within 48 hours of receiving the preview. Sergio Davila will review the concern in good faith and, if valid, address it within the included revision^* round.

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Section 04

Revisions

Every project includes one focused revision^* round. This revision round is initiated after the client has reviewed the site preview. The client should consolidate all feedback into a single, clear list before submitting. Revision requests submitted piecemeal — one at a time, over multiple days — may be treated as separate requests and billed accordingly.

A revision is defined as a reasonable adjustment to existing content, layout, or copy — such as changing text, swapping a photo, adjusting colors, or reordering sections. A revision is not a redesign, a change in direction, or a request to add new sections or features not included in the original scope^*.

Any changes requested beyond the included revision round are billed at $85/hour, with a one-hour minimum. Sergio Davila will confirm the estimated time before proceeding with any additional work.

Revision requests must be submitted within 7 days of the preview being delivered. After 7 days, the project is considered complete and any changes will be billed as à la carte^* updates.

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Section 05

Client Responsibilities

The client is responsible for providing all necessary materials in a timely manner. This includes but is not limited to: business name, services offered, hours of operation, contact information, logo files, and any photos they wish to use on the site.

Materials should be provided within 48 hours of the deposit being paid. Delays in providing materials will delay the project timeline. Sergio Davila is not responsible for missed timelines caused by the client's failure to provide materials on time.

The client is responsible for the accuracy of all information provided. Sergio Davila will build the site based on what the client provides. Any errors in business information, hours, pricing, or services that are the result of incorrect information provided by the client are the client's responsibility to correct. Corrections after launch are billed as à la carte^* updates.

The client is also responsible for reviewing the preview thoroughly before approving launch. Once the client approves launch — verbally or in writing — the project is considered complete and the revision round is closed.

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Section 06

Abandoned Projects

A project is considered abandoned^* if the client has not responded to communication from Sergio Davila for 14 consecutive days. This includes failure to provide materials, failure to review the preview, or failure to respond to invoices.

When a project is considered abandoned:

• All work stops immediately.
• The deposit is retained in full — no refund is issued.
• Any domain registered on behalf of the client during the build will remain under Sergio Davila's registrar^* account until the outstanding balance is paid and the project is formally restarted or closed.
• If the client wishes to restart the project after abandonment, a new deposit may be required at Sergio Davila's discretion.

Sergio Davila will make reasonable attempts to reach the client before declaring a project abandoned — at minimum two follow-up messages across the 14-day period. If no response is received after those attempts, the project is closed.

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Section 07

Domains

If the client already owns a domain, they are responsible for providing access or transfer codes as needed. Sergio Davila will work within the client's existing registrar^* account as a collaborator only — never as an owner. The client retains full ownership and control of their existing domain at all times.

If a domain is being purchased as part of the project, the following applies:

• The domain will be registered under Sergio Davila's registrar account during the build period. This ensures Sergio Davila has the access needed to complete the project efficiently.
• Domain registration is billed at cost — no markup. The client pays exactly what the registrar charges.
• A $50 setup fee covers Sergio Davila's time registering and connecting the domain. This fee is separate from the domain cost itself.
• Upon receipt of final payment in full, Sergio Davila will initiate the domain transfer^* to an account registered in the client's name. The client is responsible for completing the transfer process on their end.
• After transfer, the client is solely responsible for annual domain renewal fees. Sergio Davila is not responsible for a domain expiring due to the client's failure to renew.

If a project is abandoned or payment is not received in full, the domain will remain under Sergio Davila's account. Sergio Davila will not use, sell, or redirect the domain — but will not transfer it until the outstanding balance is resolved.

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Section 08

Photos & Visual Assets

If the client provides their own photos, they confirm that they have the legal right to use those images on their website. Sergio Davila is not responsible for copyright claims arising from client-provided assets.

If stock photography is sourced on the client's behalf:

• The client will be shown all proposed images before any purchase is made. No images will be licensed without the client's explicit approval.
• Stock image costs are passed through to the client at exact cost — no markup.
• A curation fee^* of $50 is charged for Sergio Davila's time sourcing and selecting appropriate images. This fee applies regardless of how many images are ultimately selected.
• Stock image licensing terms vary by provider. The client is responsible for understanding the usage rights of licensed images, particularly for print or commercial use beyond the website.

Photography sessions are available as a separate service, by quote only. This service is not advertised publicly and is available by direct inquiry. Terms for photography sessions will be outlined in a separate agreement specific to that engagement.

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Section 09

Intellectual Property & Ownership

Upon receipt of final payment in full, the client owns the completed website — its layout, copy (if written by Sergio Davila as part of the agreed scope), and all custom design elements created specifically for their project.

Sergio Davila retains ownership of any underlying frameworks, code structures, design systems, or reusable components that were developed independently and are not unique to the client's project. These may be used in future projects for other clients.

Third-party assets — including fonts, stock photos, icons, and licensed software — remain subject to their respective licensing terms. Ownership of these assets is not transferred through this agreement.

Sergio Davila reserves the right to display completed work in their portfolio and use it for self-promotional purposes — provided the client has given written agreement to this. If the client does not wish their project to be featured, they must communicate this in writing before the project begins. Portfolio use will not be assumed without consent.

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Section 10

Ongoing Support & Site Care

After launch, Sergio Davila's responsibility for the site ends unless an ongoing support plan is in place. Sergio Davila is not responsible for issues that arise after launch due to third-party platforms, hosting providers, registrars^*, or client-made changes.

Site Care is available at $75/month and includes one round of updates per month. The client submits their requested changes, Sergio Davila implements them. Updates are defined as reasonable content changes — text, photos, hours, contact information, and similar. Site Care does not include new page builds, significant layout changes, or new features, which are quoted separately.

Site Care is month-to-month. Either party may cancel with written notice. No refunds are issued for partial months already billed.

À la carte^* updates — for clients without a Site Care plan — are available at $85/hour with a one-hour minimum. Sergio Davila will confirm availability and estimated time before proceeding.

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Section 11

Limitation of Liability

Sergio Davila, operating under Marque Concours Group LLC, is not liable for any indirect, incidental, or consequential damages arising from the use or inability to use a delivered website. This includes but is not limited to: lost revenue, lost customers, search engine ranking changes, hosting outages, or third-party platform failures.

Sergio Davila's total liability for any claim arising from a project is limited to the amount paid by the client for that specific project.

Sergio Davila does not guarantee specific search engine rankings, traffic levels, or business outcomes as a result of a completed website. SEO foundations are included as a best-effort service — not a performance guarantee.

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Section 12

Disputes

In the event of a dispute, both parties agree to first attempt resolution informally — through direct, good-faith communication via email. Most concerns can and should be resolved this way. Sergio Davila is committed to fair outcomes and will engage honestly with any legitimate concern.

If informal resolution is not reached within 14 days of the dispute being raised in writing, either party may pursue resolution through the appropriate legal channels. These Terms of Service are governed by the laws of the State of Texas. Any legal proceedings will take place in Bexar County, Texas.

By hiring Sergio Davila, the client waives the right to participate in class action lawsuits or class-wide arbitration related to services provided under this agreement.

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Section 13

Agreement

By paying the deposit and initiating a project with Sergio Davila, the client confirms that they have read, understood, and agreed to these Terms of Service in full. No physical signature is required — payment of the deposit constitutes acceptance of these terms.

These terms apply to all projects, regardless of whether the client explicitly references them. Sergio Davila reserves the right to update these terms at any time. Changes will not apply retroactively to projects already in progress.

Questions about these terms before a project begins? Reach out at Email — happy to clarify anything before we get started.

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Section 14

Hosting

Hosting is the service that keeps a website live and accessible on the internet. Sergio Davila does not provide hosting and is not responsible for hosting fees, outages, performance issues, or service changes after a site has launched.

The client is responsible for setting up and maintaining their own hosting account. This account must be registered in the client's name, with the client's payment method on file. Sergio Davila will assist with deployment and domain connection as part of the agreed project scope — but the hosting account belongs to the client from day one.

If you are unsure which hosting provider is right for your site, reach out before the project begins. Sergio Davila is happy to make a recommendation based on your specific needs.

After launch, any issues related to hosting — including downtime, slow load times, expired plans, or provider-side errors — are the client's responsibility to resolve directly with their hosting provider. Site Care does not include hosting fees or hosting account management.

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Glossary

Terms Defined

Words marked with ^* throughout this document are defined below.