Terms and Conditions
Daycal Media, Effective Date: 06/09/2026, Last Updated: 06/09/2026
1. AGREEMENT TO TERMS
By engaging the services of The Daycal Group LLC, a WA limited liability company operating as Daycal Media, you ("Client") agree to be bound by these Terms of Service ("Terms"). These Terms apply to all services provided including website design, website development, website maintenance, and any related digital services. If you do not agree to these Terms, do not engage our services.
2. SERVICES
Daycal Media provides the following services:
Custom website design and development
Website hosting management
Website maintenance and updates
Additional digital services as agreed upon in writing
The specific scope of services for each project will be outlined in a separate proposal or service agreement provided to the Client prior to commencement of work. In the event of any conflict between these Terms and a signed service agreement, the service agreement shall control.
3. PAYMENT TERMS
3.1 Project Payment. Payment terms for each project are outlined in the applicable proposal or invoice. Work will not commence nor will website ownership/control be transferred to the Client until the agreed upon deposit or full payment has been received.
3.2 Recurring Services. Clients enrolled in monthly maintenance or hosting services agree to recurring charges on a monthly basis. Payment is due on the same date each month as defined by the agreement for each project. Daycal Media requires a valid credit or debit card on file for all recurring services.
3.3 Late Payment. Invoices unpaid beyond 14 days of the due date may result in suspension of services including but not limited to the website being taken offline. Daycal Media reserves the right to charge a late fee of 10% (or at a fixed rate as designated in the written agreement) on overdue balances.
3.4 Refunds. All payments made are non-refundable once work has commenced. If a project is cancelled by the Client after work has begun, any deposit or payment made is forfeited, except for cases when Daycal Media decides otherwise. If a project is cancelled by Daycal Media prior to completion, a prorated refund will be issued based on work completed.
4. INTELLECTUAL PROPERTY AND OWNERSHIP
4.1 Client Content. The Client retains full ownership of all content, logos, images, and materials provided to Daycal Media for use in the project. The Client represents and warrants that they have the legal right to use all content provided.
4.2 Completed Website. Upon receipt of full payment, the Client is granted a license to use the completed website as delivered. Full ownership and transferability of the website is contingent upon the Client maintaining an active hosting or maintenance agreement with Daycal Media or upon a formal written transfer agreement.
4.3 Non-Payment and Site Ownership. In the event of non-payment or cancellation of recurring services, Daycal Media reserves the right to suspend or terminate hosting of the website. The website files will not be transferred to the Client until all outstanding balances are paid in full.
4.4 Portfolio Rights. Daycal Media reserves the right to display completed work in its portfolio, marketing materials, and social media for the purpose of showcasing services. Client information will be displayed only to the extent the work is publicly accessible on the internet.
4.5 Proprietary Tools and Frameworks. Any templates, frameworks, code libraries, or design systems developed or used by Daycal Media remain the sole property of Daycal Media regardless of project completion or payment status.
5. CLIENT RESPONSIBILITIES
5.1 Content Delivery. The Client is responsible for providing all necessary content including text, images, logos, and any other materials required for the project in a timely manner. Delays in content delivery may result in delays in project completion. Daycal Media is not responsible for project delays caused by the Client.
5.2 Review and Approval. The Client is responsible for reviewing all work presented and providing timely feedback. Approval of a design or page by the Client constitutes acceptance of that work. Changes requested after approval may be subject to additional charges.
5.3 Accuracy of Information. The Client is responsible for ensuring that all information displayed on their website is accurate, current, and compliant with applicable laws. Daycal Media is not responsible for errors in content provided by the Client.
5.4 Account Credentials. If the Client is provided with login credentials for any platform or account, the Client is responsible for maintaining the security of those credentials.
6. REVISIONS AND CHANGES
6.1 Included Revisions. Each project includes three rounds of revisions, or as specified in the project proposal. A revision round is defined as a consolidated set of changes submitted in a single communication.
6.2 Additional Revisions. Revision requests beyond the included rounds will be billed at $50 per hour or a flat rate as agreed upon in writing prior to the work being performed.
6.3 Scope Changes. Any changes to the agreed upon project scope requested by the Client after work has commenced may result in additional charges and revised timelines. Scope changes must be agreed upon in writing by both parties.
7. MAINTENANCE SERVICES
7.1 Scope of Maintenance. Monthly maintenance services include general uptime monitoring, hosting management, platform updates where applicable, and minor content updates as defined in the applicable service agreement. Maintenance does not include redesigns, new pages, new features, or significant structural changes unless separately agreed upon.
7.2 Cancellation of Maintenance. Either party may cancel monthly maintenance services with 14 days written notice. Upon cancellation, hosting and maintenance services will terminate at the end of the current billing period.
7.3 Third Party Platforms. Daycal Media utilizes third party hosting and website building platforms to deliver services. While Daycal Media selects reputable providers, it cannot guarantee uninterrupted service and is not liable for outages, data loss, or service changes caused by third party platforms.
8. LIMITATION OF LIABILITY
8.1 Daycal Media is not liable for any indirect, incidental, consequential, or punitive damages arising from the use or inability to use the website or services provided. This includes but is not limited to lost revenue, lost business opportunities, or data loss.
8.2 The total liability of Daycal Media for any claim arising out of or related to these Terms or the services provided shall not exceed the total amount paid by the Client to Daycal Media in the three months preceding the claim.
8.3 Daycal Media does not guarantee any specific results from the website including but not limited to search engine rankings, website traffic, leads, or revenue.
9. THIRD PARTY SERVICES
Daycal Media may recommend or integrate third party services including but not limited to hosting platforms, payment processors, or marketing tools. The Client's use of any third party service is subject to that service's own terms and privacy policies. Daycal Media is not responsible for the performance, availability, or actions of any third party service.
10. CONFIDENTIALITY
Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the engagement. This includes but is not limited to business strategies, pricing, client lists, and project details. This obligation survives the termination of the service relationship.
11. TERMINATION
11.1 Either party may terminate the service relationship at any time with written notice subject to the payment terms outlined in Section 3.
11.2 Daycal Media reserves the right to terminate services immediately and without refund in the event of abusive behavior toward staff, fraudulent activity, or violation of these Terms.
11.3 Upon termination, the Client's website will remain active until the end of the current billing period unless termination is due to non-payment or violation of these Terms.
12. DISPUTE RESOLUTION
12.1 Both parties agree to attempt to resolve any dispute informally before pursuing formal legal action.
12.2 If informal resolution fails, disputes shall be resolved through binding arbitration in Spokane, WA in accordance with the rules of the American Arbitration Association.
12.3 These Terms shall be governed by and construed in accordance with the laws of the State of WA State.
13. MODIFICATIONS TO TERMS
Daycal Media reserves the right to modify these Terms at any time. Clients will be notified of material changes via email or written notice. Continued use of services following notification of changes constitutes acceptance of the revised Terms.
14. ENTIRE AGREEMENT
These Terms, together with any applicable proposal or service agreement, constitute the entire agreement between the parties and supersede all prior discussions, representations, or agreements. No modification of these Terms is valid unless made in writing and signed by both parties.
CONTACT INFORMATION
For questions regarding these Terms please contact:
Daycal Media | 100 N Howard St., Ste. R, Spokane, WA, 99218 | hello@daycalmedia.com
