Terms of Service

Services

Melloware Dev provides custom website design, development, hosting, maintenance, and related digital services to businesses and individuals, primarily in the Long Island, NY area and surrounding regions.

The exact scope of work for each project is defined in a written project agreement or proposal issued before work begins. Services not explicitly included in that agreement are considered out of scope and may be billed separately.

• We reserve the right to decline any project at our discretion
• Scope changes requested after a project begins may affect pricing and timeline
• Any additional work beyond the agreed scope will be quoted and approved before proceeding

Payment

Payment structure depends on project size. Smaller projects require full payment upfront before work begins. Mid-to-large projects require a 50% deposit before work begins, with the remaining balance due before the website is launched or delivered. For larger projects with defined milestones, payments may be structured around deadlines outlined in the project agreement. Monthly services are billed in advance at the start of each billing cycle.

• Invoices are due within 7 days of receipt unless otherwise agreed in writing
• A 5% late fee applies for every 30 days a balance remains past due
• Active projects may be paused if payment is more than 14 days overdue
• Completed websites will not be launched or transferred until the full balance is paid
• Accepted payment methods include credit/debit card and bank transfer

All prices are in US Dollars. We reserve the right to adjust pricing for ongoing services with 30 days written notice.

Revisions

Each website project includes two rounds of revisions at no additional cost. A revision round is a consolidated set of feedback submitted after reviewing a design or development milestone.

• Revision requests must be submitted in writing (email or shared document)
• Additional revision rounds beyond the included two are billed at our hourly rate
• Changes that significantly alter the original agreed scope are treated as new work and quoted accordingly
• Revision requests submitted more than 30 days after a deliverable is presented may be treated as a new project phase

We work collaboratively and want you to love the final result. If something isn't right, tell us early so we can address it efficiently.

Cancellation & Refunds

You may cancel a project at any time by providing written notice via email to hello@mellowaredev.com.

• Deposits are non-refundable once work has begun, as they cover time already spent on discovery, planning, and design
• Work completed beyond the deposit amount will be invoiced at a prorated rate based on the agreed project price
• Monthly services (hosting, maintenance, SEO) may be cancelled at any time; cancellations take effect at the end of the current billing period with no further charges
• No partial-month refunds are issued for monthly services

For clients on an active hosting or maintenance plan, cancelling the plan does not entitle the client to a refund for any period already paid. Cancellations take effect at the end of the current billing period with no further charges. For clients who manage their own hosting, Melloware Dev's responsibility ends at the point of handoff unless a separate support agreement is in place.

In the event that Melloware Dev is unable to complete a project due to circumstances on our end, we will issue a fair refund for work not yet completed.

Ownership

Upon receipt of full payment, the client owns all custom design assets and website content created specifically for their project. This includes layouts, graphics, and written copy produced by Melloware Dev.

• Melloware Dev retains ownership of underlying code libraries, frameworks, templates, and any tools or systems reused across multiple client projects
• Open-source software used in your project remains subject to its respective license terms
• You are responsible for ensuring that any content, images, or assets you provide to us are either owned by you or properly licensed for commercial use
• Melloware Dev is not liable for copyright infringement resulting from client-supplied materials

Portfolio Rights

Unless otherwise agreed in writing before a project begins, Melloware Dev reserves the right to display completed work in our portfolio, case studies, social media, and marketing materials.

• This may include screenshots, links, and descriptions of the work we did for you
• We may reference your business name and industry in connection with the displayed work
• We will never share confidential business information, internal strategies, or private analytics

If you require full confidentiality and prefer your project not be shown in our portfolio, notify us in writing before the project begins and we will honor that request.

Hosting & Third Parties

Websites we build may be hosted through third-party hosting providers. While we select reliable providers and monitor performance, we are not responsible for:

• Server downtime, outages, or data loss caused by the hosting provider
• Changes to third-party services, APIs, or platforms that affect your website's functionality
• Issues arising from domain registrars, DNS providers, or email hosting services managed by the client

If we manage your hosting, we will make reasonable efforts to ensure uptime and performance, and will notify you promptly of any significant issues. Third-party integrations (payment processors, booking systems, review widgets, etc.) are subject to their own terms of service and pricing.

Maintenance Plans

Our monthly maintenance plans are designed to keep your website secure, up-to-date, and performing well. Unless otherwise specified, a standard maintenance plan includes:

• Security and software updates (plugins, themes, CMS core)
• Minor content edits (text changes, image swaps, hours/contact info updates)
• Monthly performance check and uptime monitoring
• Priority email support with a response time of within 48 business hours

Maintenance plans do not include new page development, redesigns, new feature builds, or content creation. These are quoted and billed separately. Plans auto-renew monthly and can be cancelled at any time with written notice. Cancellation takes effect at the end of the current billing period.

SEO Plans

SEO results are not guaranteed. Search engine rankings are influenced by many factors outside our control, including Google's algorithm updates, competitor activity, and the age and authority of your domain.

Our SEO plans follow current best practices and include strategies such as on-page optimization, technical SEO, local SEO, and content guidance. What we commit to:

• Honest, white-hat SEO strategies that follow Google's guidelines
• Monthly reporting showing progress, keyword rankings, and traffic trends
• Transparent communication about what's working and what we're adjusting
• Continuous strategy refinement based on data

We do not guarantee specific ranking positions or traffic numbers. Any agency that does is misrepresenting how SEO works. Clients enrolling in an SEO plan are required to commit to a minimum 3-month term before transitioning to month-to-month billing. Early termination before the 3-month minimum does not entitle the client to a refund for months already paid. After the initial term, plans auto-renew monthly and can be cancelled with 30 days written notice.

Limitation of Liability

Melloware Dev's total liability to you for any claims arising from our services shall not exceed the total fees paid by you in the three months immediately preceding the claim.

We are not liable for:

• Lost revenue, lost profits, or loss of business opportunity
• Data loss resulting from third-party hosting providers or client systems
• Indirect, incidental, or consequential damages of any kind
• Failures, outages, or changes in third-party platforms or services we integrate
• Damages resulting from client-supplied content, images, or materials

Some jurisdictions do not allow limitations on implied warranties or exclusions of certain damages. If those laws apply to you, some of the above limitations may not apply.

Governing Law

These Terms of Service are governed by the laws of the State of New York, without regard to its conflict of law provisions.

Any disputes arising from these terms or our services that cannot be resolved informally shall be subject to the exclusive jurisdiction of the courts located in Nassau County, New York.

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining terms will remain in full force and effect.

Changes

We reserve the right to update these Terms of Service at any time. When we do, we will revise the "Last Updated" date at the top of this page.

For active clients, significant changes will be communicated by email at least 14 days before taking effect. For all other visitors, continued use of our services after any changes constitutes acceptance of the updated terms.

If you have questions about these terms, reach out to us at hello@mellowaredev.com and we're happy to clarify anything.