Terms and Conditions
Last Updated: 4/22/26
These Terms & Conditions (“Terms”) govern the provision of web design, marketing, and related services by Tailored and Evergreen, LLC (“Agency,” “we,” “us,” or “our”) to any client (“Client,” “you,” or “your”). By engaging our services, accepting a proposal, submitting payment, or using deliverables provided by the Agency, you agree to be bound by these Terms.
1. Scope of Services
The Agency provides professional services as outlined in one or more written proposals, estimates, invoices, or Statements of Work (“SOW”) accepted by the Client. Services may include, but are not limited to:
Website design, redesign, or development
Branding, digital strategy, and creative direction
Search engine optimization (SEO), social media management, and paid advertising
Marketing automation, email campaigns, and analytics
Any services not expressly stated in an accepted SOW or proposal require a written change request and may result in additional fees and timeline adjustments.
2. Payment Terms
A non-refundable deposit of 50% is required before work begins unless otherwise stated in writing.
Remaining balances are due upon project completion or according to the agreed payment schedule.
Invoices are payable within 15 days of the invoice date.
Late payments may incur a 1.5% monthly finance charge (or the maximum allowed by law).
The Agency reserves the right to pause or suspend work on overdue accounts.
Acceptance by Payment
Payment of any invoice, deposit, retainer, or fee issued by Tailored and Evergreen, LLC constitutes the Client’s acknowledgment, acceptance, and agreement to these Terms & Conditions, as well as any applicable proposal, estimate, or Statement of Work (“SOW”), whether or not the Client has signed a separate written agreement.
By submitting payment, the Client confirms that they have reviewed, understood, and agreed to be bound by these Terms & Conditions in full.
If the Client does not agree to these Terms, the Client must not submit payment or authorize the commencement of services.
Accepted Payment Methods
Check
Cash
Bank transfer
Checks or Cash payable to:
Tailored and Evergreen, LLC
132 Pickering Lane
Mechanicsburg, PA 17050
3. Revisions and Approvals
Unless otherwise stated in the applicable SOW:
Clients are entitled to up to three (3) rounds of revisions per deliverable.
Additional revisions are billed at $50 per hour.
Client approval—whether written, electronic, or verbal—authorizes the Agency to proceed to the next phase.
Delays in providing feedback, approvals, or required materials may extend project timelines and may result in additional fees.
4. Ownership and Intellectual Property
Upon full payment, the Client owns all final deliverables produced specifically for the Client, including website content, design assets, and marketing materials.
The Agency retains ownership of:
Pre-existing intellectual property, frameworks, templates, or code
Proprietary methodologies, strategies, processes, or tools
The Agency may display completed work in portfolios, websites, case studies, and promotional materials unless confidentiality is requested in writing.
5. Client Responsibilities
Clients agree to:
Provide timely content, feedback, and approvals
Supply accurate and legally usable branding assets (logos, images, copy, etc.)
Ensure all materials provided do not infringe on third-party rights
Delays caused by the Client may result in adjusted timelines or additional charges.
6. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the project, except where disclosure is required by law or authorized in writing.
7. Termination
Either party may terminate services with 14 days’ written notice.
Upon termination:
The Client is responsible for payment of all work completed up to the termination date
Deposits are non-refundable
The Agency will deliver any completed work paid for as of the termination date
8. Limitation of Liability
To the fullest extent permitted by law, Tailored and Evergreen, LLC shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of revenue, profits, data, goodwill, or business opportunities, arising out of or related to the services provided.
The Client agrees that the Agency shall not be responsible for any performance outcomes related to marketing, advertising, SEO, or digital strategy, including but not limited to rankings, traffic, lead generation, or sales.
In all cases, the total cumulative liability of the Agency for any and all claims arising out of or relating to services shall be strictly limited to the total fees paid by the Client to the Agency in the three (3) months immediately preceding the event giving rise to the claim.
The Client agrees that this limitation of liability represents a reasonable allocation of risk and is a material condition of this agreement.
9. Indemnification
The Client agrees to indemnify, defend, and hold harmless Tailored and Evergreen, LLC, its owners, employees, contractors, and affiliates from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorney’s fees and legal costs) arising out of or related to:
(a) any materials, content, or data provided by the Client;
(b) any violation of intellectual property, privacy, or other rights of a third party;
(c) the Client’s use or misuse of deliverables;
(d) any failure by the Client to comply with applicable laws or regulations.
The Client’s obligation to defend includes payment of all reasonable legal defense costs incurred by the Agency.
10. Project Timelines and Delays
Project timelines are estimates only and may be extended due to:
Client delays or non-responsiveness
Scope changes
Technical issues or force majeure events
The Agency is not responsible for delays beyond its reasonable control.
11. Warranties and Disclaimers
Agency Warranty
The Agency warrants that its custom work is original to the extent of its contribution and that deliverables will function substantially as described at final acceptance.
Exclusions
The Agency makes no warranties regarding:
Third-party frameworks, themes, plugins, or software
Future browser, CMS, plugin, or hosting compatibility
Specific marketing results (rankings, traffic, conversions, or sales)
Third-party tools and platforms are provided “as is” under their respective licenses.
Warranty Period
Functional defects resulting directly from the Agency’s custom work will be corrected for 60 days after final delivery, provided the Client has not modified the work or installed unapproved software. Ongoing maintenance requires a separate agreement.
12. Governing Law & Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles.
Any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts located within the State of Florida, and the parties hereby consent to the personal jurisdiction and venue therein.
13. Contact Information
Questions, notices, or legal communications regarding these Terms should be directed to:
Tailored and Evergreen, LLC
Attn: Jennifer Rodgers-Skeens
Email: [email protected]
Electronic mail shall constitute sufficient written notice unless otherwise required by law. Contact information may be updated by posting revisions to this page.
14. Notices
All notices under these Terms shall be delivered using the contact information listed above.
15. No Guarantee of Results
The Client acknowledges that digital marketing, SEO, advertising, and related services are inherently variable and dependent on numerous external factors.
The Agency makes no guarantees regarding specific results, including but not limited to search engine rankings, website traffic, conversion rates, or revenue generation.
16. Third-Party Services Disclaimer
The Agency utilizes third-party services, platforms, hosting providers, plugins, and software tools. The Agency is not responsible for failures, outages, data loss, security breaches, policy changes, or performance issues arising from third-party providers.
All third-party services are provided “as is” and are subject to the terms and conditions of those providers.
17. Exclusive Remedy
The Client agrees that its sole and exclusive remedy for any claim arising out of or related to the services provided shall be limited to the remedies expressly set forth in these Terms.
Under no circumstances shall the Agency be liable beyond the limitations stated herein.
18. Force Majeure
The Agency shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, internet outages, platform failures, cyber incidents, labor disputes, or governmental actions.
19. Entire Agreement
These Terms, together with any accepted proposal, invoice, or Statement of Work, constitute the entire agreement between the Client and the Agency and supersede all prior discussions or agreements.
