Last Updated: January 20, 2025
1. Introduction
Welcome to SuperVoid LLC, d/b/a Always Open Design. By accessing or using our services, you agree to be bound by these Terms of Service (“Terms”). Please read them carefully.
2. Definitions
- “Service” refers to website design, development, and maintenance services provided by SuperVoid LLC, d/b/a Always Open Design
- “Client” refers to any individual or entity purchasing or using our services
- “Website” refers to AlwaysOpen.Design
- “Agreement” refers to any service contract between SuperVoid LLC, d/b/a Always Open Design and the Client
3. Service Terms
3.1 Website Design and Development
- We will create designs and implement websites according to agreed-upon specifications
- All projects require an approved project scope and signed agreement
- Changes outside the original scope may incur additional charges
- Final deliverables will be provided upon full payment
3.2 Website Maintenance Agreements
Scope of Maintenance Services
- Regular WordPress core, theme, and plugin updates
- Security monitoring and malware scanning
- Regular backup creation and storage
- Performance optimization
- Content updates (as specified in individual agreements)
- Technical support during business hours
- Additional hours as outlined in your Site Care Plan
Service Level Agreements
- Emergency response time: within 1-2 hours
- Regular maintenance schedule: 2X / month and as advised by security experts or WordPress
- Backup retention period: Variable by plan
- Complimentary, same-day email support in most cases
- Dedicated support contact
Maintenance Limitations
- Services not included in standard maintenance:
- Custom development work (unless covered by your site care plan)
- Content creation (unless covered by your site care plan)
- SEO services (unless covered by your site care plan)
- Email issues or mail client configuration
- Third-party hosting of domain registration problems
- Third-party service costs
- If you or another party add plugins or make custom changes that later result in issues, support is available at my hourly rate.
- Additional services available at current hourly rates
4. Payment Terms
- Payment schedules will be outlined in individual service agreements
- Maintenance fees are billed monthly or annually in advance by subscription
- Late payments may result in service suspension
- All prices are subject to change with 6-months notice
5. Intellectual Property Rights
- Clients retain ownership of their content and materials
- Third-party elements (themes, plugins, images) may be subject to their respective licenses
- Upon full payment, Clients receive a perpetual license to use deliverables
- WordPress is an open source application operating under a creative commons license, the application is free to use
6. Termination
6.1 Termination of Design/Development Agreements
- Either party may terminate with 45-days written notice
- Immediate termination allowed for material breach of agreement
- Client responsible for payment of work completed
- All project materials will be provided upon final payment
6.2 Termination of Maintenance Agreements
- Requires 30-days written notice before the next billing cycle
- No refunds for partial periods
- Upon termination:
- Final backup will be provided
- Access credentials will be transferred
- Ongoing services will cease
- Emergency support available at standard hourly rates after termination
- If you or another party add plugins or make custom changes your site care plan agreement may be voided by me with written notice of termination
6.3 Post-Termination Obligations
- Client responsible for finding alternative service provider
- We will cooperate in transition to new provider
- Final invoice must be paid in full
- Client data retained for 90-days post-termination
7. Limitation of Liability
- We are not liable for:
- Third-party service disruptions
- Client-caused website issues
- Force majeure events
- Consequential damages
- Maximum liability limited to fees paid for services
8. Client Responsibilities
- Provide necessary access and materials
- Review and approve deliverables timely
- Maintain necessary third-party services
- Comply with all applicable laws
- Maintain secure access credentials
9. Data Security and Privacy
- We follow industry-standard security practices
- Client data handled according to Privacy Policy
- Security incidents will be promptly reported
- Clients must maintain secure access practices
10. Amendments
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website with notification to active clients.
11. Governing Law
These Terms are governed by the laws of Jamestown, NY, USA. Any disputes will be resolved in the courts of Chautauqua County, New York.
12. Contact Information
SuperVoid LLC, d/b/a Always Open Design, Eat Paint Studio
Registered in the State of Illinois, Licensed by the City of Chicago
Contact: projects [at] alwaysopen [dot] design
For service-related issues: projects [at] alwaysopen [dot] design
For billing questions: projects [at] alwaysopen [dot] design
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