Terms of Service

By accessing or using the services provided by ProDesigning Creative LLC ("ProDesigning," "we," "us," or "our"), including our website at prodesigning.com and client portal at https://my.prodesigning.com, you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our services.

ProDesigning Creative LLC is a limited liability company registered in the State of Florida, with its principal place of business in Orlando, Florida. We provide Website Design & Development, Branding & Identity Services, Graphic & Print Design, and Web Hosting & Maintenance Packages globally.

3.1 Subscription Plans

We offer three subscription-based Site Care plans:

• Growth ($199/mo): Custom website design, redesign at 24 months, 2 hours site edits/month, 2 hours design work/month, daily updates & backups, 99.9% uptime guarantee
• Scale ($349/mo): Everything in Growth, plus redesign every 12 months, 4 hours site edits/month, 4 hours design work/month, priority support
• Accelerate ($599/mo): Everything in Scale, plus unlimited site edits, 8 hours design work/month, design refresh every 6-12 months, same-day response

3.2 All Plans Include

• Custom website design and development
• Managed hosting with unlimited transfer
• SSL security included
• Daily automated backups
• 99.9% uptime guarantee
• Servers hosted in the USA (DCI compliant)

3.3 Additional Services

We also provide standalone services including:

• Branding & Identity Services
• Graphic & Print Design
• Additional development work beyond plan inclusions

You must be at least 18 years of age to enter into these Terms and use our services. By using our services, you represent and warrant that you meet this age requirement.

5.1 Subscription-Based Service Model

All website design and hosting services are provided through monthly subscription plans (Growth, Scale, or Accelerate). Each plan requires a 12-month recurring billing commitment formalized through a signed contract.

5.2 Project Workflow

Our standard project workflow consists of:

• Initial client consultation
• Plan selection and agreement
• 12-month contract signing
• Monthly billing begins immediately
• Project kickoff with an estimated 3-week design and development timeframe

Timelines are estimates and may be adjusted based on project complexity, client responsiveness, and content delivery.

5.3 Revisions Policy

Each design project milestone includes up to three (3) revisions at no additional cost. Additional revisions beyond the included amount will be billed at $90.00 USD per hour.

5.4 Monthly Edit and Design Hours

Each subscription plan includes a set number of monthly site edit and design work hours. These hours do not roll over and must be used within the billing period. Additional work beyond included hours is billed at $90.00 USD per hour.

6.1 Subscription Billing

• All plans require a 12-month recurring billing commitment
• Monthly billing begins immediately upon contract signing
• Payments are automatically processed on the same day each month
• All billing is automatic through Stripe, Inc.

6.2 Client Portal Access

Clients can view invoices, update payment methods, and manage their subscription through our secure client portal at https://my.prodesigning.com.

6.3 Failed Payments and Past Due Accounts

• Clients will receive multiple notifications for failed payments or expiring cards
• A 15-day grace period is provided for late payments
• If an account remains unpaid for more than 15 days past due, the full remaining balance of the 12-month contract becomes immediately due and payable
• We reserve all legal rights to collect on past due balances
• 1.5% late fee per month applies to overdue amounts
• A $25.00 reactivation fee applies to suspended accounts

6.4 Payment Processing

All payments are processed through Stripe, Inc. ("Stripe"). By making a payment, you agree to Stripe's Terms of Service and Privacy Policy. We do not store your payment information on our servers.

6.5 Currency and International Clients

All payments must be made in USD. International clients are responsible for any currency conversion fees imposed by their financial institutions.

7.1 During Initial 12-Month Commitment

If you wish to cancel your subscription before completing your initial 12-month commitment:

• The full remaining balance of the contract becomes immediately due
• Upon full payment, all work files and copyright will be released to the client
• No partial refunds are provided for any months already billed

7.2 After Initial Commitment

Once your initial 12-month commitment is fulfilled:

• 30 days written or emailed notice is required for cancellation
• Service continues on a month-to-month basis until cancellation notice is received
• No refunds for partial months of service
• All files and copyright are released upon cancellation

7.3 No Refund Policy

Due to the nature of our subscription-based services and the work performed, no refunds are provided under any circumstances. Clients who cancel early are responsible for the full contract balance.

8.1 Copyright During Commitment Period

ProDesigning Creative LLC retains full copyright and ownership of all design work, website files, graphics, and related materials throughout the duration of your subscription and until the initial 12-month commitment is fulfilled.

8.2 Copyright Transfer

Full copyright and ownership of all design work transfers to the client only after:

• The initial 12-month contract commitment has been completed, OR
• Full payment of the remaining contract balance has been made (in the case of early cancellation)

Until these conditions are met, the client has a license to use the work but does not own the copyright.

8.3 Past Due Accounts and Copyright

If your account becomes more than 15 days past due:

• ProDesigning retains all copyright to the work
• Copyright will not be released until the full contract balance is paid
• We reserve the right to suspend or take down the website until payment is received

8.4 Third-Party Assets

If licensed fonts, stock photography, or other third-party assets are required:

• Client will be informed in advance
• Client will be billed for licensing fees
• Assets will be properly licensed for client use

8.5 Client Content Responsibility

Client is solely responsible for ensuring all content provided (text, images, etc.) does not infringe on third-party rights and complies with applicable laws.

9.1 Design and Development Warranty

We guarantee our design and development work for 6 months after project completion for any abnormalities or bugs related to our work. This warranty is extended indefinitely for clients who maintain active Web Hosting & Maintenance Packages with us.

9.2 Hosting Uptime Guarantee

We guarantee 99.9% uptime for hosted websites. Service credits of 1 day will be provided for every 4 hours of unscheduled downtime.

9.3 Warranty Limitations

Warranties do not cover:

• Client modifications or changes
• Hosting-related issues (for non-hosted clients)
• Third-party service failures
• Content provided by client

10.1 Client Data Storage

All project, billing, and client data is stored securely in our client portal at https://my.prodesigning.com. We retain project files and data for 1 calendar year after project completion.

10.2 Website Analytics

We use Google Analytics to improve our website performance and user experience. This may collect anonymous usage data.

10.3 Data Backup Policy

We provide daily automated backups for all hosted websites. However, clients are strongly encouraged to maintain their own backups regularly.

11.1 Business Hours and Response Times

Our business hours are 10:30 AM to 8:30 PM Eastern Time, Monday through Friday (excluding major holidays). We typically respond within the same business day, but no longer than 24 hours during business days.

11.2 SMS/Text Message Program

ProDesigning Creative LLC provides SMS/text messaging for project updates, appointment reminders, support notifications, and service-related communications. Our messaging is facilitated through Twilio, a trusted third-party communications platform.

11.3 Consent to Receive SMS Messages

By providing your phone number and opting in through any of the following methods, you expressly consent to receive recurring automated SMS/text messages from ProDesigning Creative LLC:

• Checking the SMS opt-in checkbox on our website contact form
• Providing verbal consent during a phone call or consultation
• Providing written consent through our client portal or service agreement

Consent is not required to purchase any goods or services from ProDesigning Creative LLC. You may use all of our services without opting in to SMS communications.

11.4 Message Types and Frequency

Messages may include project status updates, appointment reminders, support ticket notifications, invoice alerts, and service announcements. Message frequency varies based on your account activity. You may receive up to approximately 10 messages per month.

11.5 Message and Data Rates

Message and data rates may apply. ProDesigning Creative LLC does not charge you for SMS messages, but standard messaging rates from your wireless carrier apply. Contact your carrier for details about your plan.

Supported carriers include most major U.S. carriers. Carriers are not liable for delayed or undelivered messages.

11.6 Opt-Out of SMS Messages

You may opt out of receiving SMS messages at any time by:

• Replying STOP to any text message from ProDesigning Creative LLC
• Replying any of the following keywords: STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT
• Emailing contact@prodesigning.com with the subject "SMS Opt-Out"
• Calling (407) 759-7420 during business hours

After opting out, you will receive a single confirmation message. No further messages will be sent unless you re-subscribe. Opting out of SMS does not affect other communication channels.

11.7 Help and Support

For assistance with our messaging program, reply HELP to any message, email contact@prodesigning.com, or call (407) 759-7420.

11.8 Privacy and Data Protection

We do not sell, rent, loan, trade, lease, or otherwise transfer for profit any phone numbers or personal information collected through our SMS messaging program to any third party. Your phone number and opt-in data are shared only with Twilio for the sole purpose of delivering the messages you have consented to receive. For full details, see our Privacy Policy.

We reserve the right to refuse service for:

• Adult or explicit content
• Gambling-related websites
• Any content deemed illegal under applicable law
• Any content that violates our professional standards

We may use vetted subcontractors for certain aspects of our services. All subcontractors are bound by confidentiality agreements and professional standards equivalent to our own employees.

14.1 Mutual Confidentiality

A reciprocal Non-Disclosure Agreement (NDA) is built into all our contracts. Both parties agree to maintain confidentiality of sensitive information shared during the course of our business relationship.

14.2 Additional NDA

For clients requiring enhanced privacy protection, we can provide a separate comprehensive NDA during initial conversations.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRODESIGNING'S LIABILITY FOR ANY CLAIM RELATED TO OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

16.1 Governing Law

These Terms are governed by the laws of the State of Florida, USA.

16.2 Dispute Resolution Process

In the event of a dispute:

• Arbitration First: Disputes will be resolved through binding arbitration
• Mediation Second: If arbitration is unsuccessful, mediation will be attempted
• Attorney Fees: The prevailing party is entitled to recover reasonable attorney fees and costs

16.3 Jurisdiction

All legal proceedings shall be conducted in Orange County in the State of Florida.

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our services constitutes acceptance of modified Terms.

These Terms, along with any signed contracts and statements of work, constitute the entire agreement between you and ProDesigning Creative LLC.

For questions about these Terms of Service, please contact us at:

ProDesigning Creative LLC
Orlando, Florida

Website: https://prodesigning.com
Client Portal: https://my.prodesigning.com
Email: contact@prodesigning.com