These terms govern your use of dicesyte.com and the services provided by diceSYTE LLC, a New Hampshire limited liability company run by David Ellis ("diceSYTE", "we", "us"). By using the site or engaging us for work, you agree to these terms.
The website
The content on dicesyte.com is provided for general information. We work to keep it accurate but do not guarantee that it is complete or current. The site is provided as is.
Our services
diceSYTE provides web design and development, redesigns, website care and maintenance, SEO, and related marketing services. The specific scope, deliverables, timeline, and price for any project are defined in a separate proposal or agreement that we provide and you approve. If a signed proposal or agreement conflicts with these terms, that agreement controls for that project.
Quotes and payment
Studio projects (work we quote individually) typically require a deposit before work begins, with the balance due as set out in your proposal. Subscription plans, care plans and other recurring services are billed in advance, yearly or monthly, until they end as set out below. Payments are processed through Stripe, and you are responsible for keeping a valid payment method on file for recurring services. Late or failed payments may result in paused work or suspended services until the balance is resolved.
Launch and hosting for Studio projects
A Studio project with a fixed launch fee includes the first 30 days of hosting, starting the day your site goes live. After that, hosting continues as part of a website care plan. If you decide not to take a care plan, we will hand over your files, your source repository, and a short note on hosting the site elsewhere before those 30 days are up, so your site does not go dark without warning. Subscription plans include hosting for as long as the plan runs, as set out under Subscription plans. Where a proposal sets out a different arrangement, that proposal controls.
Recurring plans and cancellation
You may cancel a recurring care plan at any time, effective at the end of the current billing period. Where a plan is billed monthly, we do not provide a partial refund for the current month unless your proposal says otherwise. Where a plan is paid annually in advance, the refund terms below apply. We may cancel or change a plan with reasonable notice.
If you cancel a care plan that is hosting a site you own, we keep that site served for 30 days after your final billing period ends. During that window we hand over your files, your source repository, and a short note on hosting the site elsewhere. After the 30 days we stop serving it. Canceling a care plan ends a service. It does not affect anything you already own.
Where a care plan is paid annually in advance and you cancel before the term ends, we refund what you paid less the months you have already received, charged at our standard monthly rate for that plan. The refund is never less than zero. Because the annual price is discounted against paying monthly, a full year's discount is earned by completing most of the term, and a cancellation late in the term may leave nothing to refund. The wind-down above applies either way: your site stays served for 30 days while your files and source are handed over. These refund terms apply to care-only annual plans; subscription plans are covered in the next section.
Subscription plans
Term. Subscription plans run for twelve months from the day the site goes live and renew for a further twelve unless either of us gives thirty days’ written notice before the renewal date. Your plan renews at the price you’re on. If our prices change, the change applies to new plans, not to a plan that’s already running.
Ending a plan early. A subscription plan includes a website built and delivered in its first month, so a prepaid year isn’t refunded. If you end a plan before the term is up, the remaining months are due at the plan’s monthly rate, and the plan ends once that’s paid. The refund terms above apply to care-only annual plans, not to subscription plans.
Your site, your content, your domain. Everything on the site is yours throughout the plan: the content, the domain, and the files. Hosting is included in the plan: on our account by default, yours to move at any time, or in your own account at the same price if you ask. When a plan ends, for any reason, we hand over the site, its source and DNS instructions within thirty days, as set out in the handover clause above.
A site that isn’t ready. If a plan is waiting on material from you for more than sixty days, the plan is still running and the term continues; the build resumes when the material arrives.
Your responsibilities
You agree to provide the content, materials, access, and timely feedback we need to do the work. You confirm you have the right to use any materials you give us, such as text, images, and logos. You are responsible for the lawful operation of your business and website. Accessibility conformance (for example, to a specific WCAG level) is in scope only when specified in the proposal, and you are responsible for the legal compliance of your site's operation. You will defend and indemnify diceSYTE against claims arising from materials you provide or from the operation of your business.
Intellectual property
For Studio projects, on full payment, you own the final deliverables we create for you, except for third-party components such as fonts, plugins, stock assets, or open-source code, which remain under their own licenses, and except for our own pre-existing tools and know-how. Until full payment, diceSYTE retains ownership of the work. We may show completed work in our portfolio unless we agree otherwise in writing. On a subscription plan, the site and its content are yours throughout the plan, as set out under Subscription plans.
Studio projects with a fixed launch fee. Where we quote a fixed launch fee for a website, that fee is full payment for that project. It is not a deposit. Ownership of the deliverables transfers when it is paid, on the terms above. A website care plan, if you take one, is a separate recurring service and is not part of that payment.
On a fixed-price launch you receive the built site and a standalone source repository for it, containing the page source, the content and copy files, and the configuration needed to build it. You can clone it, edit it, rebuild it, or hand it to another developer. Working material we assemble in the course of producing your site, such as research files and source material gathered about your business or about others, is not part of the deliverable, and neither are our own pre-existing tools, systems, and know-how, as set out above.
Third-party services
Your site may rely on third-party services such as hosting, plugins, payment processors, or analytics. We are not responsible for the acts, outages, or policies of those third parties.
Warranties and disclaimer
We provide our services with reasonable care and skill. Except as expressly stated, our services and the website are provided as is, without warranties of any kind, to the fullest extent allowed by law. We do not guarantee specific business results, search rankings, or uninterrupted, error-free operation. We follow reasonable security practices but do not warrant that any website is immune from unauthorized access, vulnerabilities, or attack.
Limitation of liability
To the fullest extent allowed by law, diceSYTE's total liability for any claim arising from our services or the website is limited to the amount you paid us for the service that gave rise to the claim in the three months before the claim. We are not liable for indirect, incidental, or consequential damages.
Termination
Either party may end a project or plan as described in the applicable proposal, or, if there is none, with reasonable written notice. You remain responsible for amounts owed for work performed up to termination.
Governing law
These terms are governed by the laws of the State of New Hampshire, USA, without regard to conflict-of-law rules. Any dispute will be handled in the state or federal courts located in New Hampshire.
Changes
We may update these terms. The version posted here with the current effective date applies.
Contact
Questions about these terms: info@dicesyte.com.