This Terms of Service agreement governs the working relationship between KRUSH Agency LLC ("KRUSH Agency," "we," "us") and the client ("you") for all design, web development, and marketing services. By signing a contract or submitting payment, you acknowledge that you have read, understood, and agreed to these terms in full.
These terms work alongside your project quote and invoice. Where there is any conflict between this document and your specific project agreement, your project agreement takes precedence.
We specialize in creating adaptive designs and flexible layouts that seamlessly adjust to various devices and screen sizes. Our design process is iterative, focusing on HTML and CSS, which allows us to efficiently develop without relying on static visual mockups for every template. While we may use static visuals to communicate the overall look and feel — such as color, texture, and typography — you will have opportunities to review and provide feedback throughout the project.
If at any point you are dissatisfied with the direction of our work, you will be responsible for payment in full for all completed work, and the contract can be terminated.
Text copywriting or content creation is not included in this contract. This refers to the verbiage used throughout your project, including company information, bios, services, and other related content. You are responsible for providing all text content for every aspect of your project.
You must provide graphic files in an editable vector digital format if required. Photographs should be supplied in high-resolution digital format. If you opt to purchase stock photographs, we can recommend stock libraries and suitable photography styles. Should you wish for us to source photographs on your behalf, we can offer a separate estimate for this service.
Browser testing today is not about making a website look identical across different browsers or devices with varying screen sizes. Instead, it focuses on ensuring that the user experience is tailored to the capabilities of each browser or device.
We test our work in the latest versions of major desktop browsers, including Safari (Apple), Chrome (Google), and Firefox (Mozilla). Testing on popular small-screen devices is also included. Older browser versions are not supported and will not be tested unless specifically requested and agreed upon separately.
We provide technical support for website hosting, email, or related services exclusively to clients who have purchased hosting through us. If you already have professional hosting elsewhere, please contact your hosting provider directly for support with your website hosting needs.
We offer website support for up to 30 days after the completion of your website. Upon completing your website, you will receive a Welcome Kit that details how to make use of your website and how to make changes going forward. Should you require any additional assistance outside of the Welcome Kit, we are happy to provide a separate estimate, normally billed hourly.
From experience, we know that fixed-price contracts often restrict you to your initial ideas, which may not fully capture your evolving vision. We believe in allowing you the flexibility to change your mind or make more informed decisions as the project progresses.
The initial price of your contract is based on our estimate of the time required to achieve the goals you've outlined. If you wish to make adjustments or add new elements beyond the original scope, we'll provide a separate estimate to cover the additional work.
While we strive for accuracy in our work, we cannot guarantee it will be entirely error-free. Therefore, we cannot be held liable to you or any third party for damages, including lost profits, lost savings, or any incidental, consequential, or special damages, even if you have informed us of potential risks.
We commit to using our best efforts to meet and exceed your expectations for the deliverables outlined in your quote. To achieve this, we ask that you provide us with the necessary information and cooperate in expediting the work.
All communication between KRUSH and the client must be done via email. While we accept calls for consultations, continued phone calls after booking are at our discretion due to the nature of our creative schedule. All emails are responded to within a 48–72 hour timeframe during business hours. Response times may be extended during peak periods.
All questionnaires must be completed within 5 business days after being sent. If not, your order will be canceled and no refund will be issued.
The client has up to 7 business days to provide proper feedback (revisions) after each draft is sent. If the client fails to respond within this timeframe, the order will be closed and the client will be sent the final files as-is.
Professionalism and respect are essential on both sides of the business. If at any time a client becomes disrespectful or intolerable, KRUSH reserves the right to terminate your contract and cancel any open project, refund any payments made, and refuse the right to use any work sent prior to termination.
Functionality or feature requests above and beyond those listed in the invoice and/or the functionality specs may be considered out-of-scope, and an amendment to the invoice will be recommended.
KRUSH Agency will invoice you for fifty percent (50%) of the initial fees at the point of the signed contract agreement, which will act as the deposit. The remaining 50% or payment installments will be due upon completion of the project, 72 hours before the launch date.
Design and development projects require extensive resources, consume our time, and incur internal expenses. Once a payment or deposit is made, it is non-refundable.
Payments for custom design projects (including custom logo designs, branding projects, full website designs, individual page mockups, and smaller design components) and custom development projects (including PHP programming, WordPress CMS custom development, and WordPress Plugin custom development) are made in increments as a courtesy to the client.
If a project gets canceled, delayed, or postponed by the client, all monies paid will be retained by KRUSH Agency and, if applicable, an additional cost may be charged for any work completed beyond what was already agreed upon. All projects completed as defined by the scope of the project are non-refundable.
If we receive a chargeback or payment dispute for work that has already been started and/or completed, your service and/or project will be suspended without notice. A $50 chargeback fee, plus any outstanding balances accrued as a result of the chargeback, must be paid in full before service is restored, files delivered, or any further work is done.
Projects that are incomplete yet canceled by the client may be considered an even split. However, we encourage open communication — we are always happy to offer a solution to terminate our contract amicably if necessary.
We shall obtain releases, licenses, permits, or other authorization to use testimonials, copyrighted materials, stock photographs, artwork, or any other property or rights belonging to third parties obtained by us for use in performing services for you, where applicable.
You guarantee that all elements of text, images, or other artwork you provide are either owned by you or that you have permission to use them.
When your final payment has cleared, copyright will be assigned as follows: you will own the visual elements created for this project. We will provide you with source files and finished files, and you should keep them somewhere safe as we are not required to maintain a copy. You own all elements of text, images, and data you provided, unless someone else owns them. We will own the unique combination of these elements that constitutes a complete design and will license that to you, exclusively and in perpetuity for this project only, unless otherwise agreed.
As the website creator, we provide an agreement (via the contract) giving website visual design ownership to you upon completion and final payment. Unless you or your employee created the designs, the design is owned by the creator and licensed to you.
This also applies to the web server platform, programming code, database software, and CMS on which your website runs. We build websites primarily in WordPress (an open-source CMS), which abides by Copyright laws. You will fully own the copyright of your content and website. We do not reuse or repurpose design work — all design work and custom coding are exclusive to each client.
Unless otherwise agreed to in writing, KRUSH Agency retains the right to include a discreet designer attribution — such as "Designed by KRUSH Agency" — in the footer of the website.
This Agreement shall become effective as of the moment the contract is digitally signed and shall continue until terminated by either party upon not less than 60 days' notice in writing given by either party to the other.
Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within the said period unless the defaulting party commences cure within that period and diligently proceeds.
In addition, either party may immediately terminate this Agreement by giving written notice if the other party is insolvent, has a petition brought under insolvency laws, makes an assignment for the benefit of creditors, or if a trustee or similar agent is appointed with respect to any property or business of the other party.
Any non-cancelable materials, services, etc., we have properly committed to purchasing for your account (including plugin modules, photography, and/or external services) shall be paid for by you in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you and will provide written proof, upon request, that any such materials and services are non-cancelable.
If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid in full, you agree not to use any such materials, in whole or in part, or the product of such services until full payment has been made.
Upon termination of this agreement, provided that there is no outstanding indebtedness owed by you, KRUSH Agency shall transfer, assign, and make available to you all property and materials in its possession or control belonging to you.
Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire agreement and understanding between the parties as to the subject matter hereof and supersedes all prior discussions, agreements, and understandings of every kind and nature between them as to such subject matter.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of it, and the remaining provisions will remain in full force and effect.
All quotes state the timeline for the completion of the project. We work very hard to stick to this 100% of the time. In the event that the timeline must be adjusted for any reason, it shall be communicated in writing and agreed upon by both KRUSH Agency and the client.
By signing a contract or submitting payment to KRUSH Agency, you confirm that you have read, understood, and agreed to these Terms of Service in their entirety.