These Terms of Service ("Terms") govern your access to and use of services provided by Supracultural ("we," "us," or "our"). By booking a call, submitting a contact form, or engaging our services, you ("Client," "you," or "your") agree to be bound by these Terms.
Supracultural provides website design, development, and related consulting services ("Services") as described in any applicable proposal, statement of work, or written agreement. Unless otherwise specified in writing, mockups are provided at no cost, and substantive development begins only upon receipt of the agreed deposit.
Payment terms are as specified in the applicable proposal or agreement. Unless otherwise agreed in writing: (i) a 50% deposit is due upon mockup approval; (ii) the remaining 50% is due upon site launch; and (iii) any recurring retainer fees commence on launch and continue monthly until terminated. All payments are non-refundable once work has commenced except as expressly stated herein.
One round of revisions to the final design is included prior to launch unless otherwise specified. Additional revisions are subject to additional fees at our then-current rates.
Client may terminate recurring services with 30 days' written notice. Deposits paid for design and development work are non-refundable once substantive work has commenced. Upon project cancellation prior to launch, we retain the deposit as compensation for services rendered.
Upon full payment of all fees due, Client receives all right, title, and interest in deliverables created specifically for the project, subject to our limited license to display the work in our portfolio. We retain ownership of all pre-existing materials, tools, methodologies, templates, code libraries, and general know-how used in providing the Services.
Hosting services, if provided, are governed by the following:
Client-Hosted Sites: Where Client maintains its own hosting account or platform (including Vercel, Wix, Squarespace, or similar), Client bears sole responsibility for account management, billing, security, backups, uptime, access credentials, domain configuration, and compliance with the hosting provider's terms.
Supracultural-Hosted Sites: Where we host Client sites on Supracultural-controlled accounts or infrastructure, we provide managed hosting services expressly agreed in writing on a limited basis only. Such services do not guarantee uninterrupted availability, security from external threats, or immunity from third-party platform failures, rate changes, policy changes, or service interruptions.
We may suspend or terminate hosting access upon Client's failure to pay fees, material breach of these Terms, legal compliance issues, or if continued hosting becomes commercially unreasonable. Client remains responsible at all times for the legality and compliance of site content.
Client shall: (i) provide accurate, timely content, materials, feedback, and approvals; (ii) ensure all Client materials and site content comply with applicable law and do not infringe third-party rights; and (iii) maintain appropriate backups of all site content and data.
We may utilize third-party platforms and services (e.g., Vercel, Stripe, Formspree, Cal.com). Client agrees that we bear no responsibility for such third parties' availability, security practices, policy changes, service interruptions, or data handling.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPRACULTURAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY.
Our aggregate liability for all claims arising from or relating to the Services shall not exceed the total amount paid by Client for the specific services giving rise to the claim during the 30 days preceding the claim. This limitation applies to all hosting, design, development, support, and related services.
Client shall defend, indemnify, and hold harmless Supracultural, its officers, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (i) Client's breach of these Terms; (ii) Client's content or materials; (iii) Client's use of the website; or (iv) any allegation that Client materials infringe third-party rights.
These Terms constitute the entire agreement between the parties and supersede all prior understandings. We may modify these Terms with notice. These Terms are governed by California law without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in San Francisco County, California. If any provision is held unenforceable, the remainder remains in full force.
Questions regarding these Terms may be directed to hello@supracultural.com.