These website terms are not a substitute for an approved quote and signed project-specific service agreement. They do not create a client engagement merely because a visitor submits an inquiry or selects a payment preference.
Acceptance and scope
By using the public website, a visitor agrees to the published version of these terms. If the visitor does not agree, the visitor should stop using the website.
These terms govern use of the informational website only. They do not create a client relationship, professional-services engagement, partnership, employment relationship, fiduciary duty, or promise to accept a project.
Permitted use
Visitors may view the website, learn about offered services, review authorized portfolio material, follow approved external links, and submit a genuine business inquiry through available contact methods.
Prohibited activities
Visitors must not use the website to engage in the following activities, except where applicable law expressly protects the activity:
- violating applicable law or another person's rights;
- attempting unauthorized access to accounts, administration routes, source systems, credentials, or private data;
- interfering with security, availability, rate limits, or normal operation;
- introducing malware, automated abuse, deceptive content, or fraudulent submissions;
- scraping or reproducing protected content beyond rights granted by law or written permission;
- impersonating another person or misrepresenting authority;
- testing vulnerabilities without prior written authorization; or
- using portfolio material to imply endorsement, ownership, or affiliation that does not exist.
Website and portfolio content
Portfolio entries are intended to describe approved work and publicly released applications. Screenshots, names, marks, links, and descriptions may involve client-owned or third-party material. Inclusion does not transfer ownership, grant a license beyond ordinary viewing, or promise that a referenced service remains unchanged or available.
Portfolio content should be removed or corrected when authorization, accuracy, or rights cannot be substantiated.
Intellectual property
Except for client-owned, third-party, open-source, or separately licensed material, website design, original text, branding, graphics, and source code may be owned by M. Etienne Web Designs LLC or its licensors. No broader ownership claim should be made without supporting contracts and asset records.
The separate Intellectual Property Policy provides additional detail.
Third-party destinations
Links to client websites, hosting providers, the Apple App Store, Google Play, and other services are offered for convenience. Those services are independently controlled. Their availability, content, transactions, terms, privacy practices, and security are not controlled by these website terms.
Service inquiries, estimates, and proposals
A project inquiry—including service, budget, timeline, design, and payment-preference selections—is a request for discussion only. It is not an accepted quote, binding offer, authorization to charge, reservation of availability, or guarantee of price, scope, outcome, or schedule.
Project pricing should become approved only through a written quote or commercial schedule identifying scope, approved price, eligible agency service subtotal, third-party expenses, taxes if applicable, and assumptions. Preliminary ranges remain subject to discovery, availability, dependencies, and written approval.
Available payment structures
Subject to an approved quote and signed project agreement, the available structures are a 25% upfront deposit with the remaining 75% payable through agreement milestones; a 50% upfront deposit with the remaining 50% payable through agreement milestones; or payment in full upfront with a 5% discount limited to the approved subtotal for eligible agency design and development services.
Discuss Payment Options is an approved inquiry preference only. It requests a consultation and does not select payment terms, extend credit, create financing, authorize work, or authorize a charge. The final signed agreement must state the selected structure and exact amounts.
The pay-in-full discount does not apply to hosting, domain registration, third-party software, external licenses, Apple App Store fees, Google Play fees, or other third-party expenses. Discounts are not combined automatically. The inquiry form does not collect payment or calculate a binding quote.
Separate project agreements
Client work should proceed only under a separately signed agreement identifying scope, deliverables, responsibilities, approved price, eligible service subtotal, third-party expenses, payment structure, initial payment, milestone schedule, changes, rights, warranties, liability allocation, cancellation, and dispute terms. If a signed agreement conflicts with these website terms regarding client services, the signed agreement should control to the extent stated there and permitted by law.
These website terms must not be used to silently alter an existing client contract.
Payment milestones
For a 25% or 50% deposit structure, the agreement should identify each remaining payment amount, triggering event, completion or delivery criteria, client review period, acceptance or rejection process, and any cure procedure.
Completed or accepted work may be treated as earned only as stated in the signed agreement and permitted by law. A payment label alone does not establish that the underlying work or condition occurred.
Revisions, scope changes, and client responsibilities
Two revision rounds are included per approved design milestone. The signed agreement should define a revision round, consolidated feedback, authorized decision-makers, and the boundary between a revision and a redesign, new feature, or other out-of-scope work.
Work outside approved scope should require a written change order or documented authorization addressing revised deliverables, price, third-party costs, payment timing, dependencies, and schedule. The original deposit, milestones, or pay-in-full discount do not automatically apply to added work.
Additional revisions, new features, and other scope additions must not begin until the client approves the written cost and schedule adjustment through an authorized project workflow.
The agreement should identify client responsibilities for timely content, feedback, approvals, access, legal disclosures, designated decision-makers, and rights to supplied materials. Client delays may affect delivery dates as described in the agreement but should not create undisclosed penalties.
Delivery, acceptance, and client inactivity
The project agreement should define delivery method, supported environments, testing responsibilities, acceptance criteria, review periods, rejection notices, cure procedures, launch dependencies, and transition or training. Target dates remain subject to documented dependencies, client responsiveness, scope changes, and platform review.
No website statement guarantees uninterrupted, error-free, or permanently compatible operation. Maintenance and post-acceptance duties require express written terms.
After 30 consecutive days without required client activity, an authorized administrator may place the project on hold only after reasonable documented contact attempts. After 60 consecutive days, the agency may issue a final written notice giving the client 14 additional days to respond. Termination after that period requires an authorized administrator action, is never automatic, remains subject to the signed agreement and applicable law, and requires final accounting under the cancellation provisions. Restart requires a new agreement or written authorization.
Project intellectual property
Clients receive ownership of agreed, custom-created final deliverables after full payment, as specified in the signed agreement and subject to applicable legal exceptions. M. Etienne Web Designs LLC retains pre-existing code, reusable components, templates, proprietary software, development tools, frameworks, and other background technology; the client receives the licenses necessary to use retained agency components incorporated into completed deliverables.
Client-supplied assets remain client or third-party property, and third-party materials remain governed by their respective licenses. The agency cannot transfer rights it does not own. Portfolio use requires contractual permission and compliance with confidentiality obligations; attribution, trademark work, source files, registrations, and rejected concepts require express treatment.
Third-party costs
Hosting, domains, third-party software, external licenses, Apple App Store fees, Google Play fees, fonts, stock assets, subscriptions, APIs, payment services, and other approved provider expenses are separate from the eligible agency service subtotal unless a quote expressly states otherwise.
The project agreement should identify who selects, authorizes, pays, owns, renews, and controls each provider relationship. Third-party expenses do not receive the 5% pay-in-full discount.
Cancellation and refund accounting
Before work begins, the client may cancel, with any refund accounting for documented nonrecoverable expenses and applicable law. After work begins, the client remains responsible for completed work and authorized noncancelable expenses, while any remaining prepaid balance is handled under the signed agreement and applicable law. After delivery and acceptance, payments for properly completed and accepted work are generally nonrefundable, subject to contractual obligations and applicable law.
No deposit or payment is automatically nonrefundable merely because of its label, and no arbitrary cancellation penalty is created. The signed agreement must address notice, final accounting, work in progress, transition, surviving terms, and non-waivable rights.
Project abandonment follows the documented 30-day hold, 60-day final-notice, and 14-day response process. It does not create an automatic forfeiture or termination.
Availability and changes
The website, services, integrations, and linked destinations may be changed, suspended, or discontinued. Maintenance, provider failures, security events, network conditions, platform review, and circumstances outside reasonable control may affect availability.
Disclaimers
Website information is provided for general informational purposes and should be evaluated in context. To the extent permitted by applicable law, the website is provided ‘as is’ and ‘as available,’ without promises that all information is error-free, current, uninterrupted, secure, or suitable for every purpose.
The owner-approved project position provides a 30-day post-delivery limited warranty for reproducible defects in functionality expressly included in approved scope. Where legally permissible, it excludes new features, unauthorized modifications, third-party outages, hosting failures outside agency control, and client-caused issues while preserving statutory rights. Search rankings, revenue, customer acquisition, app-store approval, and uninterrupted third-party services are not guaranteed.
Nothing in these terms excludes a warranty or remedy that cannot lawfully be excluded.
Liability limitations
When incorporated into a signed project agreement and to the extent permitted by applicable law, the owner-approved project position limits aggregate contractual liability to the amount paid for the specific project giving rise to the claim. This allocation is not a guarantee of enforceability or immunity and does not exclude intentional or gross fault, physical injury, fraud, or any other liability that cannot lawfully be limited.
These website terms do not independently impose a project liability cap or override the allocation in a signed agreement.
No public indemnity term
No public indemnity provision applies through these website terms. Any project-specific indemnity must be stated in a separately signed agreement and remains subject to applicable law.
Governing law and disputes
The owner-approved position selects Louisiana law, subject to mandatory applicable laws; 30 days of good-faith resolution efforts before formal proceedings, except when urgent relief is needed or delay is prohibited; and courts of competent jurisdiction in Jefferson Parish, Louisiana, where legally enforceable.
Each party bears its own attorney fees unless applicable law or an enforceable agreement provides otherwise. Mandatory arbitration is not included. Mandatory applicable law, non-waivable rights, and any signed client agreement control where they conflict with this paragraph.
Changes and contact
These terms are effective October 29, 2026. Material updates will be posted with a revised effective date and version. Changes apply prospectively unless applicable law or a signed agreement permits otherwise.
Contact: info@metiennewebdesigns.com.
