Terms of Service, Privacy Policy, and Disclaimers
These Terms and Conditions, together with our Privacy Policy and Billing Policy (collectively, the “Terms”), govern your access to and use of the Louisville Web Nerds LLC website (https://louisvillewebnerds.com) and the web design, support, and consulting services we provide.
By accessing our website or doing business with Louisville Web Nerds LLC, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
These terms shall be governed by the laws of the Commonwealth of Kentucky. Any legal action must be filed in Jefferson County, Kentucky.
1. Web Design & Support Terms
General Disclaimer
The information provided on this website is for informational purposes only. Louisville Web Nerds LLC provides web design, maintenance, and consulting services to the best of our ability. However, the Client acknowledges and accepts sole and full responsibility for their business operations, the use of the material on this website, and any websites, content, or services created or provided by us.
Limitation of Liability
Louisville Web Nerds LLC disclaims all guarantees, undertakings, and warranties, expressed or implied. We shall not be liable for any loss, damage, or loss of revenue whatsoever—except in cases of gross negligence—arising out of or in connection with any use of our services or reliance on the information presented on this site.
To the maximum extent permitted by applicable law, in no event shall Louisville Web Nerds, its owners, or employees be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses. Our total aggregate liability for any claim arising out of or relating to our services shall not exceed the total amount of fees paid by the Client to Louisville Web Nerds during the six (6) month period immediately preceding the event giving rise to the claim.
Third-Party Software
The majority of our websites are built using WordPress and third-party software (plugins, themes, integrations). We are not responsible for website disruptions, security breaches, or functionality losses caused by third-party plugin updates, discontinued software, or negligent actions taken by the Client or third parties within the website dashboard.
Intellectual Property Rights
Upon final and full payment for a web design project, the Client will own the rights to the final website design, graphics, and content specific to their business. Louisville Web Nerds LLC retains the rights to any underlying reusable code, custom plugins, or development tools used to create the site. We reserve the right to showcase the completed website in our portfolio and marketing materials.
Indemnification (Client-Provided Content)
The Client represents and warrants that all text, graphics, photos, designs, trademarks, or other artwork provided to Louisville Web Nerds for inclusion on the website are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements. The Client agrees to protect, indemnify, and hold harmless Louisville Web Nerds from any and all claims, liabilities, or lawsuits, including attorney’s fees and court costs, that may arise from the use of any content provided by the Client.
Client Responsibilities & Project Delays
For all projects, the Client is responsible for providing necessary assets (text, images, branding) and communicating in a timely manner. If a project is delayed for more than 14 days due to Client inaction, Louisville Web Nerds LLC reserves the right to pause the project and invoice for all work completed up to that date. Client may be assessed a late fee if this invoice is not paid in a timely manner.
2. Billing & Payment Policy
Project Billing
Invoices for one-time projects are due within 10 days of completion of the project. Failure to pay within this timeframe may result in the suspension of the website or transfer of files until payment is received in full.
Recurring Support & Maintenance
All support and maintenance accounts are billed every four weeks. Clients are responsible for keeping their payment information up to date. Payment failures may result in the suspension of maintenance services and/or web hosting services.
Termination:
Either party may terminate this professional relationship or any ongoing support agreement for any reason by providing thirty (30) days’ written or email notice to the other party. In the event of termination, the Client shall be responsible for payment of all services performed up to the date of termination and a final support payment following the 30-day notice. Upon final payment, Louisville Web Nerds will provide any necessary credentials for the Client to transition their services elsewhere, and the Client will assume all responsibility for the website.
No Guarantee of Commercial Performance or SEO
Louisville Web Nerds provides technical and design services “as-is.” We do not warrant or guarantee that the functions contained in the website will be uninterrupted or error-free.
- Commercial Performance: We make no representations or guarantees regarding the commercial success, traffic levels, or lead generation resulting from the website.
- SEO Performance: Search Engine Optimization (SEO) is governed by third-party algorithms (such as Google). We do not guarantee specific search engine rankings, nor are we responsible for fluctuations in rankings caused by algorithm updates or competitor activity.
Force Majeure (Acts of God & Outages)
Louisville Web Nerds shall not be deemed in breach of this agreement or liable for any delay or failure in performance resulting from causes beyond its reasonable control. This includes, but is not limited to, “Acts of God,” internet service provider failures, hosting provider outages, cyber-attacks (DDOS), telecommunications failures, strikes, or government restrictions.
Pricing Updates
Louisville Web Nerds LLC may update pricing on recurring support plans from time to time due to increasing vendor costs or additional services being provided. Customers will be notified of these changes and may always request an explanation of the price increase via email.
Out-of-Scope & Additional Fees
- Travel: We reserve the right to bill an additional travel fee of a minimum of $100 for all on-site visits to cover transportation costs and travel time.
- After-Hours: Any work requested outside of our normal business hours (9:00 AM – 5:00 PM Eastern Time, Monday through Friday) will be billed at an additional $100 per hour/request.
Security & Emergency Updates
Hosting & Maintenance Policy: Because we strictly maintain the security of our server environment, any website hosted on Louisville Web Nerds LLC servers must be enrolled in one of our Support and Maintenance packages.
Self-Managed Websites: If you choose to host your website elsewhere and decline an ongoing support package, you assume full responsibility for the website upon final delivery. Louisville Web Nerds LLC is not liable for any post-launch issues, including security breaches, broken features due to outdated software, or website downtime.
3. Privacy Policy
Louisville Web Nerds LLC operates https://louisvillewebnerds.com. This section informs visitors of our policies regarding the collection, use, and disclosure of Personal Information.
Information Collection and Use
To provide a better experience, we may require you to provide us with certain personally identifiable information (e.g., name, phone number, address, email address). This information is collected through contact forms, payment processors, blog comments, social media, and direct emails. We use this data to contact, identify, market to, or improve your experience with our Service. We do not sell your personal data.
Log Data
Whenever you visit our Service, we collect Log Data that your browser sends to us. This may include your computer’s IP address, browser version, pages visited, time and date of your visit, and time spent on those pages.
Service Providers
We may employ third-party companies and individuals to facilitate our Service, process payments, provide marketing assistance, or analyze website usage. These third parties may have access to your Personal Information solely to perform these tasks on our behalf and are obligated not to disclose or use the information for any other purpose.
Security
We value your trust and use SSL encryption and commercially acceptable means to protect your data. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee its absolute security.
Links to Other Sites
Our website may contain links to external sites that are not operated by us. We advise you to review the Privacy Policies of those websites, as we have no control over their content or practices.
Youth Privacy
Our Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children. If we discover that a child under 13 has provided us with personal information, we will immediately delete it from our servers.
Your Data Rights
You may request a copy of your personal data or request that we delete your data at any time by visiting our Contact page and sending us an email.
4. Cookie Policy
This site uses cookies—small text files placed on your device to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymized tracking data to third-party applications like Google Analytics.
As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website, which offers guidance for all modern browsers.
5. Contact & Policy Changes
We may update these Terms and Policies from time to time, which will become effective immediately upon posting.
If you have any questions or suggestions about our Terms and Conditions, Billing, or Privacy Policies, please do not hesitate to contact us.