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Client Terms

Version forge-client-terms-v4-2026-09-24 · Last updated September 24, 2026

Forge Built Design is a trade name of Eastfield LLC, a Kansas limited liability company based in Derby, Kansas. Legal notices: [email protected].

These Client Terms (“Terms”) govern standard Launch (website design/build) Orders placed through Stripe Checkout or an Order Summary that links to these Terms. Standard Launch is sold together with Care (see §9 and the Care Terms). By checking the acceptance box and completing payment, you (“Client”) agree to these Terms and, for the Care package commitment, the Care Terms.

1. Parties and brand

Agency operates publicly as Forge Built Design. Legal contracting party is Eastfield LLC d/b/a Forge Built Design.

Footer copyright and Order Summary naming use Eastfield LLC d/b/a Forge Built Design.

2. What Launch includes

Unless the Order Summary / Checkout says otherwise, Launch is a one-time website design/build engagement sold as part of the standard Launch + Care package. Deliverables are provided for Client review on Agency-controlled staging (a subdomain or path on forgebuiltdesign.com, or another Agency-hosted URL Agency designates).

Standard Launch scope:

  • Design and build of a marketing website for Client’s business as described in the Order Summary / discovery notes
  • Page count as listed for Client’s plan in the Order Summary / Checkout (additional pages are Order Summary / Checkout add-ons)
  • Two (2) consolidated revision rounds before go-live (one round = one batch of Client feedback on the then-current staging preview). Extra revision rounds are Order Summary / Checkout add-ons
  • Staging for Client review under the feedback / reject / ghost rules in §4–§5
  • Hand-off of the custom site deliverables after full payment of Launch fees (see §5–§7), with Care beginning at go-live under the Care Terms (see §9)

Not included unless pre-approved in writing or listed in Checkout:

  • Client domain purchase, transfer, or DNS work before full payment of Launch fees (see §6)
  • Premium plugins, stock media, advertising spend, or other third-party fees (see §8)
  • SEO campaigns, paid ads management, or content writing beyond what is stated in the Order Summary / Care Terms
  • Extra pages or revision rounds beyond the plan / caps above

Fees and any add-ons are as stated in Checkout / Order Summary.

3. Fees and payment schedule

Fees for each Order are as stated in the applicable Stripe Checkout session / Order Summary. Working list prices may change; Checkout controls for that Order.

Launch + Care payment schedule (commercial lock):

Milestone Amount When due
Deposit 50% of Launch (build) fees Upfront via Stripe Checkout to start work (clickwrap accepts Client Terms + Care Terms as the package commitment)
Balance Remaining 50% of Launch fees plus first month or first year of Care (Client picks monthly or yearly at Checkout) Due on completion / Client approval (see §4–§5); Care then starts at go-live

Payment is processed by Stripe. Agency does not store full card numbers. Chargebacks filed in bad faith may be treated as a material breach.

4. Staging, review, and “approval”

4.1 Staging deliverable

Agency will give Client a Readiness Notice when a reviewable staging deliverable is ready. Staging lives only on Agency-controlled infrastructure until Launch is paid in full.

Written notice under these Terms (including Readiness Notice, reject/ghost reminders, and Care ops notices) means notice by email and/or SMS to the contact on file from Checkout / Order, and by portal notice if Agency maintains a client portal. Email or SMS is effective on send if no bounce / undeliverable signal; portal notice is effective when posted.

4.2 Approval

“Approval” means any of the following:

  1. Client’s written “yes” / acceptance of the staging deliverable; or
  2. Client’s payment of the Launch balance (and first Care period as shown in Checkout) via Stripe Checkout (or other method Agency accepts); or
  3. Client’s other clear written acceptance of the work as final for handoff.

4.3 Feedback vs. rejection

During the review window (§5), Client may request reasonable revisions within Launch scope (subject to the two consolidated revision rounds in §2), or may reject under the refund rules in §5. Silence is not feedback; see ghosting rules in §5.3.

5. Deposit refunds — reject vs. ghost (crystal clear)

Deposit purpose: The deposit compensates Agency for design/build work delivered on Agency staging. It is refundable only under §5.2. It is not a free trial of unlimited work.

5.1 Review window

Client has ten (10) business days after the Readiness Notice (the “Review Window”) to:

  • Approve (and pay balance + first Care period as shown in Checkout); or
  • Provide written feedback within scope; or
  • Provide written rejection and request a deposit refund under §5.2.

Business day = Monday–Friday, excluding U.S. federal holidays, America/Chicago.

5.2 Reject → refundable deposit

If, within the Review Window, Client gives written notice of rejection (does not approve) and requests a refund of the unused deposit, Agency will refund the full deposit (less any non-refundable pass-throughs Client already authorized in writing, if any) within a commercially reasonable time after Stripe processing.

Stripe processing fees: Agency’s intent is a full deposit refund on timely reject. Stripe processing fees may reduce the net amount Client receives if Stripe does not reverse those fees to Agency.

What “unused deposit” means here: For Phase-1 standard Launch SKUs, the full deposit is treated as refundable on timely written rejection under this §5.2, because the commercial lock is “unhappy / does not approve.” Agency may still archive/take down staging after refund. No Care fees are due if Client timely rejects before balance/Care payment.

5.3 Ghost → deposit NON-refundable

If Client does not give written approval, written rejection, or substantive written feedback within the Review Window, Agency will send one written reminder (email and/or SMS to the contact on file, plus portal notice if any). If Client still gives no written response within five (5) additional business days after that reminder, Client is deemed to have ghosted.

On ghosting:

  • The deposit is NON-refundable as liquidated compensation for work performed (not a penalty; a reasonable pre-estimate of Agency’s design/build effort and staging costs).
  • Agency may archive and/or take down the staging site.
  • Agency has no duty to continue work, buy a domain, or transfer files until the balance is paid and Approval occurs.
  • If Client later wants to resume, fees may be re-quoted.

5.4 Balance payment

The Launch balance and first Care period (month or year, as Client selected in Checkout) are due on Approval. If Client Approves but does not pay when due, Agency may withhold handoff, domain work, production go-live, and Care start until paid. Deposit already paid remains subject to §5 (reject vs. ghost timing already elapsed as applicable).

5.5 After full payment

Once Launch is paid in full and handoff / go-live occurs, Launch fees are non-refundable except as required by law or as Agency agrees in writing. Care fees follow the Care Terms (including monthly cancel and yearly cool-off rules).

6. Domain and hosting until paid in full

Clear rule: Agency does not buy, register, transfer, or point Client’s production domain until Launch is paid in full.

Until then, the site lives only on Agency-controlled staging. Client may buy their own domain at any time; Agency will not configure production DNS for Client’s domain before full payment unless the Order Summary expressly says otherwise and fees are paid.

If Agency ever advances registrar fees after full payment, those fees are a separate pass-through (reimbursable) unless Checkout already included them. Client may instead buy/renew the domain themselves.

After go-live, hosting while Care is active is governed by the Care Terms. If Care ends, hosting/DNS rules in the Care Terms apply (Agency may stop hosting / take the site offline after written notice; Client is responsible for their own hosting/DNS unless a new Care Order starts).

7. Intellectual property

7.1 Client content

Client retains ownership of content, logos, photos, and materials Client provides (“Client Materials”). Client grants Agency a license to use Client Materials solely to perform the Order.

7.2 Assignment on full payment

Upon full payment of Launch fees for that Order, Agency assigns to Client ownership of the custom site deliverables created specifically for Client under that Order (unique page layouts/content combinations as delivered), excluding Agency IP below.

7.3 Agency retains

Agency retains all rights in: tools, frameworks, templates, snippets, know-how, staging tooling, and pre-existing materials (“Agency IP”). Agency grants Client a non-exclusive license to use Agency IP as embodied in the delivered site for Client’s business website.

7.4 Portfolio

Agency may show the finished work in its portfolio/case studies only with Client’s prior permission (email OK). There is no silent auto-portfolio. Client will not unreasonably withhold permission for non-confidential marketing sites.

8. Third-party fees and Client warranties

Custom third-party fees (premium plugins, stock, ads, fonts, SaaS) are included only if pre-approved in writing (or listed in Checkout). Otherwise not included; Client pays the vendor or reimburses Agency as a pass-through.

Client represents that Client Materials do not infringe others’ rights and that Client has authority to enter these Terms. Client will indemnify Agency against claims arising from Client Materials or Client’s misuse of the site.

9. Care is standard (Launch + Care package)

Care (maintenance / hosting / support as described in the Care Terms) is part of the standard package. Every Client buys Launch + Care together.

  • Care starts at go-live.
  • The first Care period is billed with the Launch balance payment (Client picks monthly OR yearly at Checkout).
  • Ongoing Care fees are as stated in Checkout / Order Summary and governed by the Care Terms (including monthly cancel at end of the then-current paid month, and yearly 14-day cool-off rules).
  • Deposit clickwrap accepts these Client Terms and the Care Terms as the package commitment, even though the first Care charge occurs at balance. Balance Checkout also presents Care Terms assent when Care is charged.

Hosting after Care cancel or non-payment is governed by the Care Terms: Agency may stop hosting / take the site offline after written notice; Client receives the existing export window while fees are current; Client is responsible for their own hosting/DNS after Care ends unless a new Care Order starts. Agency does not promise continued free hosting after Care ends.

10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGENCY PROVIDES LAUNCH SERVICES AND DELIVERABLES AS IS, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED AVAILABILITY, OR SPECIFIC SEO/TRAFFIC/REVENUE RESULTS. Agency does not guarantee search rankings, lead volume, or third-party platform uptime.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGENCY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO A PARTICULAR ORDER WILL NOT EXCEED THE FEES CLIENT ACTUALLY PAID TO AGENCY FOR THAT ORDER IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (FOR LAUNCH FEES, THE LAUNCH FEES FOR THAT PROJECT; CARE CLAIMS FOLLOW THE CARE TERMS CAP). AGENCY IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE/DATA, EVEN IF ADVISED OF THE POSSIBILITY.

Some jurisdictions do not allow certain limitations; those limits apply only to the extent allowed.

12. Termination

Either party may terminate for material breach if uncured within ten (10) business days after written notice (or immediately for non-payment of amounts due). Sections that should survive (IP already assigned, payment, liability limits, indemnity, governing law) survive termination. Deposit/refund rules in §5 still apply based on timing of Readiness Notice and Client response. Care cancel and hosting-after-cancel rules are in the Care Terms.

13. Force majeure (light)

Neither party is liable for delay/failure caused by events beyond reasonable control (outages, acts of God, labor disputes, war, epidemic, government action), for so long as the event continues. Payment obligations for work already delivered are not excused.

14. Privacy and notices

Privacy practices (placeholder until live): https://forgebuiltdesign.com/privacy

Legal notices to Agency under these Terms must be sent by email to [email protected] (or such other email Agency designates in writing). A physical mailing address for Agency is available on written request to that email. Notices to Client may be sent by email and/or SMS to the contact information on file (and by any Client portal if used). Email or SMS notice is effective on send if no bounce / undeliverable signal; portal notice is effective when posted.

15. Governing law and venue

These Terms are governed by the laws of the State of Kansas, without regard to conflict-of-law rules. Exclusive venue: state or federal courts sitting in Kansas. Client consents to personal jurisdiction there.

16. Clickwrap; entire agreement; changes

Checking the Checkout acceptance box and paying constitutes electronic signature / assent to these Terms and the linked Care Terms for the standard Launch + Care package. These Terms + Order Summary / Checkout + Care Terms are the entire agreement for that Order and supersede prior informal chats about that Order. Agency may update Terms prospectively; the version linked at Checkout for that Order controls that Order.

If a court finds a provision unenforceable, the rest remains. No waiver unless in writing. Client may not assign without Agency consent; Agency may assign to a successor.