Stone Cactus Design Terms And Conditions

Last Updated: August 23, 2025

These Terms and Conditions ("Terms") govern the provision of services by Stone Cactus Design, a web design business located at P.O. Box 6636, Chandler, AZ 85246 ("we," "us," or "our") to you ("Client" or "you"). By engaging our services, including through continued use of existing services, you agree to be bound by these Terms. If you do not agree, you must cease using our services. These Terms form a legally binding agreement, superseding all prior agreements, whether written or oral. We recommend reviewing them carefully alongside our Privacy Policy at www.stonecactusdesign.com/privacy. We may update these Terms, and continued use after notification constitutes acceptance, as detailed in Section 13.

1. Definitions

  • Services: Includes custom website design, SEO optimization, social media management (optimization only), payment solution integrations, hosting, and maintenance (content updates), as specified in a separate proposal or statement of work ("SOW").
  • Custom Website Design: Creation of unique website layouts, graphics, and client-provided content integration, built on our platform.
  • SEO Optimization: Technical and on-page SEO services (e.g., keyword optimization, meta tags, site speed improvements) to enhance search engine visibility.
  • Social Media Management: Optimization of social media profiles (e.g., profile setup, analytics integration, posting schedules), excluding content creation or posting.
  • Payment Solution Integrations: Setup and integration of third-party payment systems (e.g., Stripe, PayPal) into your website.
  • Hosting Services: Provision of server space, bandwidth, and infrastructure via our platform to host your website.
  • Maintenance Services: Content updates (e.g., text, images) to your website via our platform, as defined in the SOW.
  • Performance-Based Pricing: Optional pricing model for SEO or social media management, combining fixed fees with bonuses tied to performance metrics (e.g., traffic, engagement).
  • Deliverables: Websites, designs, code, graphics, SEO configurations, or payment integration setups produced as part of the Services.
  • Proprietary Elements: Pre-existing templates, platform tools, widgets, custom tools/scripts, and platform-dependent configurations owned or licensed by us.
  • Intellectual Property: Copyrights, trademarks, patents, trade secrets, and proprietary rights.
  • Confidential Information: Non-public information disclosed by one party to the other, including business strategies, client data, and proprietary tools.
  • Completion: The point at which the website is launched on our platform and any minimum hosting term specified in the SOW begins.
  • Legacy Pricing: Fees for Services that have not been adjusted for multiple years (e.g., 3 or more years) and are significantly below current market rates.

2. Scope of Services

We will provide the Services as detailed in the SOW or proposal accepted by you. The scope is limited to what is explicitly stated therein. Additional work requires a written change order and may incur extra fees. All Services are designed to function optimally on our platform, and we do not guarantee compatibility or full functionality if migrated elsewhere. We may subcontract portions of the Services without your consent, provided we remain responsible for overall quality.

2.1 Custom Website Design

We create custom website designs, including unique layouts, graphics, and client-provided content integration, tailored to your SOW specifications. Designs are built on our platform, and functionality may depend on continued hosting with us.

2.2 SEO Optimization

SEO services include technical optimization (e.g., site speed, mobile responsiveness), on-page SEO (e.g., meta tags, keywords), and analytics setup to improve search engine visibility. We do not guarantee specific rankings or traffic increases due to third-party algorithms and market factors. Performance-based pricing, if agreed in the SOW, ties fees to metrics like traffic growth, per Section 4.

2.3 Social Media Management

Social media management includes optimizing profiles (e.g., bio setup, branding, analytics integration) and advising on posting schedules, as specified in the SOW. We do not create or post content unless explicitly agreed in writing. Performance-based pricing, if agreed, ties fees to metrics like engagement rates, per Section 4.

2.4 Payment Solution Integrations

We integrate third-party payment systems (e.g., Stripe, PayPal) into your website for e-commerce functionality, as outlined in the SOW. We are not responsible for third-party system errors, fees, or compliance with their terms.

2.5 Hosting Services

Hosting Services provide server space, bandwidth, and technical support via our platform, with a 99.9% uptime goal (excluding maintenance, upgrades, or force majeure). A minimum commitment period (e.g., 12 months from Completion) applies, as specified in the SOW. Early termination incurs fees per Section 11.

2.6 Maintenance Services

Maintenance Services include content updates (e.g., text, images) via our platform, as defined in the SOW. Structural changes, SEO updates, or payment system adjustments are additional tasks billed separately.

3. Client Obligations

You agree to:

  • Provide necessary content (e.g., text, images, logos, social media credentials, payment platform access) for design, SEO, social media, or payment integrations within 5 business days of request, in compatible formats.
  • Ensure all provided content is owned or licensed by you and does not infringe third-party rights.
  • Cooperate fully, including providing access to necessary accounts (e.g., social media, payment platforms) and analytics for performance-based pricing.
  • Maintain confidentiality of any credentials we provide.
  • Not modify Deliverables or engage third parties to do so during the minimum hosting term without our consent, as this may void warranties and support.
  • Comply with third-party terms (e.g., Stripe, PayPal) for payment integrations.
  • For performance-based pricing, agree to baseline metrics in the SOW and provide access to relevant analytics.

Failure to meet these obligations may result in delays, additional fees, or service suspension. You grant us a non-exclusive, royalty-free license to use your content solely for providing the Services.

4. Payment Terms

All fees and payment schedules are specified in the SOW. References to amounts or terms in this section (e.g., $1,200, 12 months) are illustrative examples only, and actual amounts are as agreed in the SOW.

  • Design and Integration Fees: Fees for one-time Services (e.g., website design, SEO setup, payment integrations) are outlined in the SOW. A 50% non-refunded deposit is due upon acceptance, with remaining balances due at milestones or Completion. One-time payments may be made via Stripe or, with written agreement in the SOW, via Zelle to info@stonecactusdesign.com.
  • Hosting, Maintenance, and Ongoing Services Fees: Monthly fees for Hosting, Maintenance, SEO, or Social Media Management are billed in advance on the 1st of each month, starting upon service activation, as specified in the SOW. Alternatively, Hosting Services may be paid annually in advance via Stripe or, with written agreement in the SOW, via Zelle to info@stonecactusdesign.com, covering the minimum commitment period (e.g., 12 months) or any subsequent annual period for clients on month-to-month or auto-renewed terms.
  • Initial Term and Auto-Renewal: These services require a minimum commitment period (e.g., 12 months) and auto-renew monthly or annually (for prepaid hosting) thereafter unless terminated per Section 11.
  • Annual Prepayment for Hosting: If agreed in the SOW, you may prepay Hosting Services for the minimum commitment period or any subsequent annual period (e.g., $1,200 for 12 months at $100/month) via Stripe or Zelle. Prepayments are non-refunded, except as required by applicable law, and do not alter the early termination fee in Section 11.
  • Fee Adjustments: We may increase fees annually by up to 10%, with 30 days’ written notice, to cover costs like platform fees or service enhancements. For clients with Legacy Pricing (unchanged for 3 or more years), larger or phased adjustments to align with current market rates may be agreed in an SOW amendment, with client consent, superseding the 10% cap. For annual prepayments, fee adjustments apply upon renewal.
  • Performance-Based Pricing: For SEO or Social Media Management, if agreed in the SOW, fees include a fixed base fee (e.g., $500-$1,000/month for SEO, $300-$600/month for Social Media) plus performance bonuses (e.g., $100-$500/month for 10-25% traffic or engagement growth over a 3-month baseline, capped at $500/month per service). Metrics, baselines, and bonus calculations are defined in the SOW. Bonuses are billed monthly after performance verification (e.g., 30 days post-period) using platform analytics and require Stripe for payment.
  • Additional Tasks: Work outside the SOW (e.g., extra SEO updates, social media adjustments) is billed at $100/hour via Stripe.
  • Payment Terms: Payments are due within 7 days via Stripe or, for one-time or annual prepayments with SOW agreement, Zelle. Late payments incur a 1.5% monthly interest fee and may result in service suspension.
  • Non-Refundable: All fees, including annual prepayments, are non-refunded except as stated or required by law. No refunds for partial months, unused services, or early termination of prepaid hosting.
  • Taxes: You are responsible for all taxes, except those based on our income.

5. Revisions and Changes

The SOW includes 2-3 rounds of revisions for design, SEO, or payment integration Services. Maintenance Services are limited to the SOW scope (e.g., 5 content updates/month). Additional revisions or tasks are billed at $100/hour. Changes to Hosting, Maintenance, SEO, or Social Media plans require a written agreement and may adjust fees.

6. Intellectual Property

  • Until full payment, we own all rights to the Deliverables (e.g., custom website designs, client-specific SEO configurations, payment integration setups). Upon full payment, we assign ownership of custom Deliverables to you, excluding the following Proprietary Elements owned or licensed by our platform:
  • Pre-Existing Templates: Website templates, layouts, or design frameworks developed or licensed by our platform prior to your engagement.
  • Platform Tools and Widgets: Proprietary tools, widgets, or features provided by our platform, including content management systems, form builders, e-commerce modules, analytics dashboards, and SEO optimization tools.
  • Custom Tools and Scripts: Reusable scripts, plugins, or configurations developed by us for use across multiple clients (e.g., SEO automation scripts, custom widgets built in the platform’s editor).
  • Platform-Dependent Configurations: Settings or optimizations (e.g., site speed, mobile responsiveness) that rely on our platform’s infrastructure and are not transferable to other platforms.
  • You receive a limited, non-exclusive, revocable license to use these Proprietary Elements solely while your website is hosted with us through our platform. This license terminates upon migration or termination of Hosting Services. You may not copy, modify, or transfer these elements to another platform or provider without our written consent.
  • Client-Provided Content: You retain ownership of content you provide (e.g., images, logos, text), provided you warrant that such content is owned or licensed by you and does not infringe third-party intellectual property rights. You grant us a non-exclusive, royalty-free license to use this content solely for providing the Services.
  • We retain the right to use Deliverables (including client-owned elements) in our portfolio or marketing materials, provided such use does not disclose your Confidential Information.
  • You indemnify us against any claims, losses, or expenses arising from your content or its use in the Services.

7. Confidentiality

Both parties agree to keep Confidential Information secret and use it only for the Services. This obligation survives termination for 5 years, except for public information or legally required disclosures.

8. Warranties and Disclaimers

  • We warrant that Services will be performed in a professional manner, consistent with industry standards. Deliverables will conform to the SOW for 30 days post-Completion.
  • Hosting Services aim for 99.9% uptime, excluding maintenance, upgrades, or force majeure events. SEO and Social Media Management, including performance-based pricing, do not guarantee specific outcomes (e.g., rankings, traffic, engagement) due to third-party algorithms and market factors. Payment integrations depend on third-party reliability.
  • EXCEPT AS STATED, SERVICES ARE PROVIDED "AS IS," WITH NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
  • We do not warrant that Services will be error-free, secure, or universally compatible. You are responsible for ongoing maintenance beyond the SOW. Warranties are void if Deliverables are modified by you or third parties or migrated off our platform.

9. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. THIS INCLUDES LOSSES DUE TO HOSTING DOWNTIME, SEO PERFORMANCE, SOCIAL MEDIA OUTCOMES, PAYMENT SYSTEM ISSUES, OR PERFORMANCE-BASED PRICING RESULTS.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE PRIOR 12 MONTHS.

10. Indemnification

You indemnify us, our affiliates, and subcontractors against claims, losses, or expenses arising from: (a) your content; (b) your use of Services; (c) your breach of these Terms or third-party terms (e.g., Stripe, PayPal); or (d) third-party claims related to your business.

11. Termination

  • Design and Integration Services: Either party may terminate for material breach with 10 days’ written notice if the breach remains uncured.
  • Ongoing Services: Hosting, Maintenance, SEO, or Social Media Management may be terminated with 30 days’ written notice after the minimum commitment period (e.g., 12 months) specified in the SOW. You remain liable for fees through the termination date, including any prepaid annual hosting fees, which are non-refunded except as required by law.
  • Immediate Termination: We may suspend or terminate Services immediately for non-payment, violation of intellectual property or confidentiality obligations, breach of third-party terms, or illegal activities.
  • Post-Termination: Upon termination, you must pay all outstanding fees. We may suspend Services until payment is received. We provide a 7-day window to export website data, subject to a $750 migration assistance fee and platform capabilities. Exported data excludes Proprietary Elements, and the website may require rework to function elsewhere. Early termination during the minimum commitment period incurs a fee equal to the remaining months’ fees (for monthly billing) or $750 (for annual prepayments), whichever is greater. Sections 6, 7, 9, and 10 survive termination.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Arizona, without regard to its conflict of laws principles. Any disputes shall be resolved in state or federal courts located in Maricopa County, Arizona, and you consent to jurisdiction there. Both parties agree to attempt informal resolution through good-faith negotiation before pursuing litigation.

13. Miscellaneous

  • Interpretation of Examples: References to amounts, percentages, or terms in these Terms (e.g., fees, commitment periods) are illustrative examples only and not binding. Actual fees and terms are as specified in the SOW.
  • Updates to Terms: We may revise these Terms at our discretion. Updates are posted at www.stonecactusdesign.com/terms, with material changes notified to existing clients via email to the address provided in the SOW or certified mail to your billing address. Continued use of our Services 30 days after notification constitutes acceptance of the updated Terms.
  • Force Majeure: Neither party is liable for delays or failures due to events beyond their control (e.g., platform outages, natural disasters).
  • Severability: If any provision is found invalid, the remaining provisions remain in effect.
  • No Waiver: Failure to enforce any right does not waive it.
  • Entire Agreement: These Terms, the SOW, and our platform’s terms (available upon request) constitute the entire agreement, superseding all prior agreements, whether written, oral, or implied, including those with existing clients.
  • Assignment: You may not assign these Terms without our written consent; we may assign them freely.
  • Notices: Notices must be in writing via email to info@stonecactusdesign.com or certified mail to Stone Cactus Design, P.O. Box 6636, Chandler, AZ 85246. Client notices will be sent to the email or address provided in the SOW.

14. Applicability to Existing Clients

  • These Terms apply to all clients, including those with agreements or SOWs predating the Last Updated date. Existing clients are subject to these Terms for all ongoing and future Services, superseding any prior terms, agreements, or understandings, whether written, oral, or implied.
  • Existing clients will be notified of material changes via email or certified mail, as per Section 13. Within 30 days of notification, you may either: (a) acknowledge acceptance by continuing to use our Services, signing an updated SOW, or providing written consent (e.g., email to info@stonecactusdesign.com); or (b) terminate Services per Section 11, paying any outstanding fees. Failure to terminate within 30 days constitutes acceptance.
  • Existing SOWs remain valid but are governed by these Terms unless amended by mutual agreement. We may request an updated SOW to reflect new Services, pricing, or obligations (e.g., performance-based pricing, IP licensing).

Contact Us

For questions or concerns, contact us at:

By using our Services, you acknowledge and agree to these Terms and our platform’s terms.