These Terms of Service ("Terms") govern your access to and use of the website douglasvilledesign.com and the website design, hosting, and related services (collectively, the "Services") provided by Ferry Enterprises LLC, doing business as Douglasville Design ("Douglasville Design," "we," "us," or "our").
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not access or use the Services.
1. Eligibility
The Services are intended for businesses and adults. By engaging our Services on behalf of a business, you represent that you are at least 18 years of age and authorized to bind that business to these Terms.
2. Description of Services
Douglasville Design provides website and online-presence services for local businesses, which may include:
- Website design and development — custom-built websites for your business.
- Hosting and maintenance — hosting, SSL security, backups, and content updates.
- Domain and email services — domain registration management and professional email addresses.
- Online visibility services — local SEO, Google Business Profile management, and listings cleanup.
- Additional builds — online stores, booking, ordering, custom tools, and similar projects, quoted per job.
The specific scope, deliverables, fees, and timelines for client work are agreed per engagement. We may modify, suspend, or discontinue any part of the Services with reasonable notice.
3. Client Engagements and Fees
- Setup and project work is quoted up front and agreed before work begins.
- Ongoing service is billed as a flat monthly fee covering the items agreed for your engagement (typically hosting, security, backups, email, domain renewal, and content updates).
- Fees are due as agreed for your engagement. We may suspend Services for accounts with unpaid balances after reasonable notice.
- We will provide at least 30 days' advance notice of any change to recurring pricing.
- Specific terms for a client engagement — including scope, ownership, and cancellation — are set out in the applicable client agreement, which controls if it conflicts with these Terms.
4. Your Content and Responsibilities
You retain ownership of the content you provide to us (text, photos, logos, business information). By providing content, you grant us a limited license to use, store, and process it as necessary to provide the Services. You represent and warrant that:
- You own or have the necessary rights to all content you provide.
- The information you ask us to publish is accurate and lawful.
- Your business and website comply with laws applicable to your industry.
5. Acceptable Use
You agree not to use the Services (including any website we host for you) to:
- Violate any applicable local, state, national, or international law or regulation.
- Publish or distribute illegal, harmful, abusive, hateful, or discriminatory content.
- Create or distribute spam, phishing attempts, malware, or deceptive content.
- Infringe upon the intellectual property rights of any third party.
- Interfere with or disrupt the Services or the servers and networks that provide them.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
We may remove content or suspend hosting that violates this section.
6. AI-Assisted Work and Site Features
Some of our work may be produced with the assistance of AI tools, and some websites we build may include AI-powered features (for example, an on-site assistant). AI-produced material is reviewed as part of our process, but AI features on a website are provided "as is" and their outputs do not constitute professional advice.
7. Intellectual Property
The douglasvilledesign.com website and our own branding, design assets, and tooling are owned by Ferry Enterprises LLC and protected by United States and international intellectual property laws. Ownership of client website deliverables and domains is addressed in the applicable client agreement.
8. Privacy
Your use of the Services is subject to our Privacy Policy and Cookie Policy.
9. Third-Party Services
The Services rely on and may link to third-party services (for example, content delivery and security providers, domain registrars, mapping services, booking and payment platforms). We are not responsible for the content, privacy practices, or terms of third-party services. Your use of them is subject to those parties' terms.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any website will achieve any particular search ranking, traffic level, or business result.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FERRY ENTERPRISES LLC, ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
12. Indemnification
You agree to indemnify, defend, and hold harmless Ferry Enterprises LLC and its officers, members, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you provide for publication through the Services.
13. Suspension and Termination
We may suspend or terminate access to the Services for violation of these Terms or non-payment, with reasonable notice where practicable. You may end an engagement as provided in your client agreement. Wind-down, data return, and transfer of client materials are addressed in the applicable client agreement. Sections of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, limitations of liability, and indemnification.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles.
Any disputes arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction.
15. Modifications to These Terms
We reserve the right to modify these Terms at any time. The "Last updated" date at the top indicates changes. We will provide notice of material changes by posting the updated Terms on our website or by notifying clients directly. Continued use of the Services after changes constitutes acceptance of the modified Terms.
16. General Provisions
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
- Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, and any client agreement, constitute the entire agreement between you and Douglasville Design regarding the Services.
- Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
17. Contact Us
For questions about these Terms of Service:
Ferry Enterprises LLC dba Douglasville Design
Email: [email protected]