Acceptance of Terms

By engaging the services of SiteSculpt, LLC (“SiteSculpt”), you (“Client”) explicitly accept these Terms and Conditions. This acceptance occurs upon payment of invoices, signing a project proposal, or commencement of any service provided by SiteSculpt.

Scope of Work & Deliverables

SiteSculpt will provide the services as detailed within individual Service Level Agreements (SLAs) or project proposals. Deliverables, timelines, and project scopes will vary per agreement. Any requests outside the defined scope are subject to additional charges and separate agreements.

Payment Terms

Payment terms for each project will be structured individually and clearly outlined in each SLA. SiteSculpt understands client budget constraints and may offer flexible payment plans upon request. Clients are encouraged to inquire about such arrangements. Late payments and refund policies will be governed explicitly by the terms set forth in individual SLAs.

Intellectual Property & Ownership

Upon receipt of full payment, the Client obtains ownership of specific deliverables created for them, including websites, graphic design assets, and content. SiteSculpt reserves the perpetual right to reuse, repurpose, and adapt underlying design elements, frameworks, code, and non-exclusive design templates. SiteSculpt also reserves the right to feature completed projects in its portfolio and promotional materials.

Client Responsibilities

Clients must provide timely feedback, approvals, required content, and cooperation necessary for the completion of projects. Delays caused by the Client’s failure to meet these obligations may extend project timelines and could incur additional fees.

Project Timelines & Delays

Project timelines provided are estimates dependent on prompt client collaboration. SiteSculpt is not liable for project delays caused by delays in Client feedback, content provision, approvals, or third-party services.

Confidentiality & Non-Disclosure

Both SiteSculpt and the Client agree to maintain strict confidentiality regarding all sensitive information exchanged during project collaboration. This confidentiality obligation remains in effect indefinitely, even after the termination of services.

Limitation of Liability

SiteSculpt’s liability related to any claim arising from a project is limited exclusively to the total amount of fees paid by the Client under the relevant SLA or agreement. SiteSculpt shall not be held responsible for any indirect, incidental, consequential, or punitive damages, including lost profits, business interruptions, or data loss.

Indemnification

The Client agrees to indemnify, defend, and hold harmless SiteSculpt, its officers, employees, agents, and affiliates from and against all claims, liabilities, damages, costs, and expenses, including reasonable attorney’s fees, arising from:

• Any breach by the Client of its obligations or warranties;
• Claims alleging infringement on third-party intellectual property due to materials provided by the Client;
• Unauthorized or improper use of deliverables;
• Claims related to product liability, defamation, privacy violations, or other related actions resulting from Client’s content or actions.

Termination & Cancellation

Conditions for termination and cancellation are defined explicitly within individual SLAs. Upon termination, the Client is responsible for payment for services performed up to the termination date. SiteSculpt retains ownership rights to incomplete deliverables until payment is fully settled.

Third-Party Services & Integrations

SiteSculpt may recommend third-party platforms or integrations; however, the Client acknowledges that SiteSculpt is not liable for performance issues, security vulnerabilities, compatibility, or reliability of third-party services or software.

Warranty Disclaimer

All services provided by SiteSculpt are delivered on an “as-is” basis without any explicit or implied warranties. SiteSculpt does not guarantee specific performance metrics, rankings, sales outcomes, or ROI. The Client assumes responsibility for verifying deliverables’ functionality and appropriateness for their business purposes.

Dispute Resolution & Governing Law

In the event of disputes, both parties agree first to seek resolution through mediation. If unresolved, arbitration or litigation will occur in Lafayette Parish, Lafayette, Louisiana, governed by the laws of the State of Louisiana.

Amendments

SiteSculpt reserves the right to amend these Terms and Conditions at any time. Clients will be notified of amendments via email or written communication, and the updated terms will apply to all ongoing and future projects.

These Terms and Conditions reflect the entire understanding between SiteSculpt and the Client and supersede all prior agreements or communications related to the subject matter herein. Any modifications or specific project details are outlined explicitly within individual SLAs or agreements.

Date: February 24, 2025