Terms of Service

Updated April 16, 2026

Acceptance of Terms

By engaging my services, approving an estimate or proposal, or emailing me a Task Order, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

If you are entering into this Agreement on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms of Service.

This Agreement

This Agreement sets forth the general terms and conditions that apply to all services I provide, unless otherwise stated in a separate written agreement or service-specific terms.

By entering into this Agreement, both parties agree that:

  • You have the authority to enter into this Agreement on behalf of yourself or your business.
  • I have the experience and ability to perform the services described in this Agreement and any applicable Task Order.

Project Scope & Approval

Each project or service request will be outlined in a written proposal, estimate, or email (each, a “Task Order”) describing the applicable scope of work, requested Services, and/or deliverables.

For complete projects or larger defined scopes of work, a proposal or estimate will be provided outlining the anticipated scope, timeline, and fees. Unless otherwise stated, estimates are estimates of anticipated time and cost and are not fixed-fee quotes.

For one-off requests, ongoing support, maintenance, consulting, troubleshooting, and other Services billed hourly, work will be performed at my current Hourly Rate. An estimate of time or cost will not necessarily be provided for every individual request, particularly where the scope or amount of time required cannot reasonably be determined in advance. By requesting such Services, you authorize me to perform the requested work and bill for the time incurred.

Approval of a Task Order or Project Agreement may be provided through written confirmation or request, including email, and constitutes acceptance of the applicable Task Order or Project Agreement and these Terms of Service.

Details

1. Definitions. The following capitalized terms will have the following definitions under this Agreement:

  • (a) “Services” means all work performed by Designer under this Agreement pursuant to a Task Order, as well as materials used by Designer in performing its obligations under a Task Order.
  • (b) “Task Order” or “Project” means a written document (including an estimate, proposal, or email) authorizing the Designer to perform Services and/or provide Deliverables.
  • (c) “Revision” constitutes a change or variation to an initially presented—or in-progress—design concept, and is typically a change of less than 1/4 of the design. A revision is simply meant to be a slight modification or course correction to progress toward the final design. A new design concept is not considered a revision. This means that a new design concept would be an addition to the project, and would need to be estimated separately, in addition to the total sum (“Fee”). A set number of design revisions are outlined under your Deliverables and included to incorporate feedback and refine the UI. If additional revisions are needed beyond the initial scope, they can be added at my Hourly Rate.
  • (d) “Hourly Rate” means the Designer’s current hourly rate as stated in the applicable estimate, proposal, invoice, or otherwise communicated in writing to the Client.

2. Work Authorization. The Designer shall, in accordance with Task Orders issued by the Client and agreed to by the Designer, perform work assignments to provide professional Services and/or Deliverables. A Task Order shall be considered authorized upon written confirmation or request by the Client and acceptance by the Designer.

3. Task Orders. Each project or request for Services may be documented in a written proposal, estimate, email, or other written communication (each, a “Task Order”) describing the applicable Services, Deliverables, scope, estimate, or other relevant details. The level of detail provided will vary depending on the nature and scope of the Services.

For complete projects or larger defined scopes, the Task Order will generally include a description of the Services and Deliverables, anticipated schedule or timeline, and applicable fees or estimated fees. For one-off requests, hourly Services, consulting, maintenance, troubleshooting, or other limited-scope Services, a Task Order may consist simply of the Client’s written request and the Designer’s written confirmation or acceptance.

Additional Services requested by the Client that fall outside the agreed scope of a Task Order—including, without limitation, additional development, design or layout changes, content changes, functionality, consulting, training, troubleshooting, research, testing, or other related work—will be billed at the Designer’s applicable Hourly Rate unless otherwise agreed in writing.

All Task Orders incorporate the terms and conditions of this Agreement. In the event of a conflict between a Task Order and this Agreement, the terms of the applicable Task Order shall control with respect to that specific project or Service.

Certain Services, including the Website Care Plan, may be governed by additional service-specific terms or agreements. In the event of a conflict between this Agreement and any applicable service-specific terms, the service-specific terms shall control solely with respect to those Services.

Both parties agree to:

As my client, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide me with everything that I need to complete each Task Order including text, images and other information as and when I need it, and in the format that I ask for. You agree to review my work, provide feedback and sign-off approval in a timely manner too.

I have the experience and ability to perform the services you need from me.

What I agree to do:

4. Services. Outlined below is a list of Services I can provide as a contractor:

(a) Site Mapping. Planning and development of the basic structure of a website’s pages, organized hierarchically.

(b) Information Architecture. Organizing and structuring website content to create a clear, intuitive flow that helps users find information efficiently and supports overall site usability

(c) User Interface (UI) Design. Design of static wireframes and webpage mock-ups per the Project’s requirements, brand guidelines, and design inspiration.

(d) Website Development. Development of websites using valid HTML markup and CSS for styling. I develop websites on WordPress, Shopify, Webflow, or Squarespace, per the Project requirements. Websites will be responsive, which is an approach aimed at providing an optimal viewing experience on all devices (from mobile phones to desktop computer monitors) utilizing fluid grids and flexible images.

(e) Image Optimization and Content Entry. Re-sizing and optimization of images to ensure that they load quickly on the web, as well as inputting content on a website.

(f) QA Testing. Checking a website to find errors, bugs, and issues, ensuring it functions correctly, looks good, performs well, and meets user needs and business goals before and after launch, covering functionality, usability, compatibility, performance across different devices and browsers.

(g) Training & Consulting. Instruction, training, guidance, troubleshooting, and technical support related to the use, management, or administration of your website. This includes answering Client questions, providing guidance or instruction, troubleshooting issues, and researching or recommending solutions. Services may be provided through custom-recorded Loom tutorials, video conference calls, email, screenshots or other written instructions, or custom WordPress widgets or tools.

(h) Website Tweaks. Changes to an existing website that may include but is not limited to: design and style changes, new pages, plugin / app configuration or updates, editing content, responsive development, troubleshooting, auditing, etc.

(i) Website Care Plan. I recommend quarterly website maintenance. A website care plan could include but is not limited to:

  • Website backup check
  • WordPress, theme & plugin updates
  • Functionality check
  • Uptime monitoring
  • Email support
  • Assist in the design, production, and execution of digital materials, marketing campaigns, web design, and development.

5. Design Details. When applicable, design-related details (including layout, colors, typography, imagery, and functionality) will be discussed and agreed upon prior to implementation. Any changes or additions requested outside of the agreed scope may be treated as Additional Services and billed at the applicable hourly rate.

6. Development Details. I will develop the website using valid HTML markup and CSS for styling. I will also develop the website using all current theme and plugin versions. Website will be responsive, which is an approach aimed at providing an optimal viewing experience on all devices (from mobile phones to desktop computer monitors) utilizing fluid grids and flexible images.

(a) Content Development. I am not responsible for writing any text copy (“Client Content”).

(b) Browser & Device Testing. The landscape of web browsers, browser display resolutions, and devices changes regularly and my approach is to look forward, not back. With that in mind, I will test my markup and CSS in current versions of major desktop browsers at the most common display resolutions (at my discretion). I will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, and not always perfectly.

I will test sites in the latest desktop versions of:

  • Apple’s Safari (on a Mac),
  • Mozilla Firefox (on a Mac)
  • Google Chrome (on a Mac), and
  • Safari on the latest versions of iOS available for iPhone and iPad

If you need me to consider less common display resolution scenarios, you will be charged the Hourly Rate listed in paragraph 14 of this Agreement for any necessary additional development work and testing.

(c) Ongoing Support and Security. While I will implement general best practices and will provide you with information about how you can do the same, ultimately you are responsible for the ongoing security of your website.

I am not responsible for hacked or otherwise damaged websites and I will not be liable to you or any third party for any damages arising out of or in connection with a hacked or otherwise damaged website, including lost profits, lost savings or other incidental, consequential or special damages.

My best recommendation for ongoing security, cleanup, restoration, or other work as a result of a hacked or otherwise damaged website is to work with Sucuri or a similar company that specializes in this type of work.

(d) Backups. I recommend you routinely backup your website in multiple places and it is your responsibility to do so. Site backups are a critical defense against buggy updates, or even user error (like when you accidentally do something that breaks your site). Backups will also simply give you peace of mind.

(e) Hosting. I am not a website hosting company and so I do not offer or include technical support for website hosting, email or other services relating to website hosting or domain names. That said, I recommend a small number of hosting companies that I strongly recommend using and will do what I can to help.

(f) Domain Email Accounts. In the event that we move your Customer’s website to a new host or transfer their domain name to a new registrar, I can’t be liable to you or any third party for email downtime or interruptions that may cause you or your Customer damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the reconfiguration of DNS nameservers, MX records, or hosting and registrar transfers, even if you have advised me of the possibilities of such damages. I offer some technical support for email or other services relating to website hosting or domain names, however, if issues arise from your Customer’s email client or computer, they will need support from someone in IT.

(g) Contact Forms. Contact forms rely on SMTP or third-party mailers to send messages from the website. You are responsible for providing and maintaining a functioning mailer or email delivery service (such as Brevo, Google Workspace, or an SMTP account). I configure websites to include mail logging for record-keeping; however, I cannot be held responsible for messages that fail to deliver or arrive in spam folders, as delivery depends on factors outside my control. It is your responsibility to periodically check the email log to ensure messages are being received as expected. Because email systems and server configurations can change over time, you acknowledge that regular testing of contact forms is recommended to ensure continued functionality.

(h) Technical Support. I do not offer or include technical support for issues or problems with your computer or installed computer software such as desktop email programs or browsers.

(i) Breakdance or Elegant Themes Support. If I install and customize the Divi theme or Breakdance plugin for you and you require technical support to resolve a Divi or Breakdance error or bug, I’d be happy to help at my hourly rate. If you do not want my help and the problem persists, you are responsible for purchasing your own license to contact their support team directly.

(j) Search Engine Optimization. SEO rankings are highly determined by keyword research and by written content (the text and keyword strings used on your pages, titles, images and in URLs). Because I do not do keyword research, I cannot guarantee SEO rankings, as SEO is not solely a function of website design or development.

(k) Web Accessibility. I aim to follow current best practices for web accessibility and will make reasonable efforts to ensure that the websites I design are usable by people of varying abilities. This includes keeping in mind the Web Content Accessibility Guidelines (WCAG), currently version 2.1 at the AA level, where practical and appropriate to the Project. However, I am not a certified accessibility consultant and do not offer formal accessibility audits or legal advice.

Because accessibility requirements can vary by industry and jurisdiction, and full compliance may require specialized testing and remediation, legal compliance with specific accessibility laws (including the Americans with Disabilities Act or Section 508) is outside the scope of this Agreement. If full compliance is required, you or are responsible for determining those requirements and hiring a qualified accessibility expert if needed.

(l) WordPress Plugin Updates. If needed, I will utilize the latest WordPress plugin versions. However, as time goes on, newer versions will become available and you are responsible for the ongoing maintenance of your website. I encourage you to update these items or hire myself to keep WordPress plugins from becoming outdated.

Nevertheless, sometimes an update can cause your website to function improperly.I am not responsible for bugs, errors or an otherwise damaged website after a WordPress, theme, or plugin update and I will not be liable to you or any third party for any damages arising out of or in connection with a problematic or otherwise damaged website, including lost profits, lost savings or other incidental, consequential or special damages. Any cleanup or other work as a result of an update-gone-bad will be charged the Hourly Rate listed in paragraph 14 of this Agreement and will also incur rush fees.

(m) Site Speed and Performance. I recommend using high-quality hosting companies, leveraging optimization plugin(s), compressing and optimizing images, using premium themes, and limiting the use of plugins / apps, however, site speed and performance is incredibly variable and is not solely the result of website design or development.

Site speed and performance optimization is outside the scope of my services. Because I am not a page speed optimization consultant, I cannot guarantee site speed test results or specific loading times.

7. Timeline Forecast. All timelines provided are estimates and reflect a reasonable forecast based on current information. Delays may occur due to Client feedback cycles, scope changes, third-party dependencies, hosting or platform limitations, or circumstances beyond my control. I will communicate material delays if they arise.

What I promise you:

8. Original Work/Conflicts/Confidentiality. I promise that, except for anything that you gave me to incorporate into the design(s): (a) my work will be original and will not be copied in whole or in part from any other work; (b) I own the rights that I am giving you under this Agreement, or I have secured such rights to any third-party content incorporated into my final design(s); and (c) my work does not violate the patent, copyright, trade secret or other property right of any person, firm or entity. I promise that this Agreement does not conflict with any other contract, agreement or understanding to which I am a party. Finally, I promise that I’ll hold and maintain in strict confidence any confidential information that you provide me (such as proprietary technical or business information), and I will not disclose such information to any third party except as may be required by a court or governmental authority.

9. I Promise To Be Responsive. I agree to provide timely responses so that I can answer your questions and listen to your feedback.

10. I Promise To Use My Time Wisely. I agree to respect you and the amount of time it takes me to perform each Task Order. I will use my time wisely and will work as diligently and quickly as possible.

What you agree to do:

11. Text Copy. You are responsible for writing and inputting any text copy (“Client Content” unless later agreed upon and you accept the copywriting line item).

12. Photographs, Logo & Branding Standards. You will supply photographs in digital format at a resolution appropriate for the Project. Any time I spend searching for appropriate photographs will be charged the Hourly Rate listed in paragraph 14 of this Agreement (with advance notice and approval by you).

You are responsible for providing me logo(s) to use on the website as well as any branding standards.

13. Domain Name & Hosting. You are responsible for purchasing a domain name and host. I promise to maintain the confidentiality of any information that you give me.

What you promise me:

I am sure you understand how important it is as a small business that you pay the invoices I send you promptly. You agree to stick tight to the following payment schedule, which will be as follows, but may be revised based on further conversations between us.

14. Pay Me For My Work. You promise to pay me on an Hourly Rate basis of $120 per hour and or per an outlined payment schedule. If on an Hourly Rate basis, I will provide an invoice to you within the first five (5) business days of each month describing the hourly fees incurred the previous month as well as approved costs incurred (eg: premium plugins, stock photos etc.). Invoices shall be due and payable within twenty (20) days of receipt. I reserve the right to pause or delay work if invoices are not paid according to the agreed terms.

(a) How to Pay Me. Payment may be made by check, ACH transfer (if supported by your bookkeeping software), via Zelle, or by another payment method mutually agreed upon in writing by both parties.

(b) Re-Scheduling. If you need to re-schedule or if a Project is placed on hold for any reason, it may incur a 20% fee of the total Project cost to resume or be re-booked at my discretion at current rates and availability, which may require an adjusted timeline.

(c) Late Fees. For every 30 days that your payment is late, your invoice may incur a 5% fee of the invoice amount.

(d) Hourly Rate Review. As part of the ongoing course of business between the parties, the Hourly Rate shall be reviewed annually or bi-annually or on a per-Project basis and adjusted as agreed to by both parties in writing. The effective date and duration of such adjusted Hourly Rate shall be as set forth in such writing.

I will do my best to provide an accurate time estimate for Services, however, I cannot be held liable to my time estimates because the nature of every one-off project is different. You agree that regardless of my time estimate and the actual amount of time it takes me to complete each project, you will pay my invoices in full.

(e). Pay Me For Extra Work. I agree that the estimate you owe me will cover in full all of the work listed in paragraph 4 of this Agreement. You agree that if you ask me to make additional changes, add extra pages or templates, add new functionality, or do other work for you that is not covered by this Agreement, you’ll pay me an Hourly Rate of $120 per hour and this payment will be in addition to all other amounts you owe me under this Agreement.

15. You Have Rights To The Client Content. You promise that: (a) You own the rights to use anything you give me (“Client Content”); and (b) using such Client Content does not violate the patent, copyright, trade secret or other property right of any person, firm or entity. You grant me a nonexclusive, nontransferable license to use, reproduce, modify, display and publish the Client Content solely in connection with my work for you under this Agreement and my limited promotional uses as allowed by this Agreement. You also affirm and represent that this Agreement does not conflict with any other contract, agreement or understanding to which you are a party.

16. You Promise To Provide Feedback. You agree to provide constructive feedback during our time together so that I can understand your concerns, objections or corrections to the design(s). I agree to listen to your feedback and make changes to the design(s) in response to your feedback while also considering my professional opinion.

What rights each of us will have:

17. Rights Before You Pay Me In Full. You understand and agree that until you pay me in full, I own full rights to each and every original design I create for you under this Agreement. You also agree that I own all of the concepts created before you select the final design(s).

18. Rights After You Pay Me In Full. I understand and agree that after you pay me in full, you will own rights (as defined in this Agreement) to the final design(s) that you approve and I create for you. You understand and agree that I own all of the concepts/preliminary designs created before you select the final design(s), except for elements in those concepts that are incorporated into the final design(s) that I deliver to you. You will receive rights for the final design(s) only.

You agree that I will retain the right to use the final design(s) and all preliminary designs in design competitions, publications on design, educational purposes and in marketing my design business. You also agree to have a small link at the bottom of your website that reads, “Site by Sarah Cauble.”

You will be solely responsible to make sure that the design(s) I create for you will be available for use in commerce and protectable under trademark law.

19. Right To Make Changes. I agree that after you pay me in full, you may make any changes or additions to the design(s) I create for you under this Agreement, which you in your discretion may consider necessary, and you may engage others to make any such changes or additions, without further payments to me. You agree that if you ask me to make changes or additions to the design(s) after you approve the final files, you and I will negotiate a separate additional payment for my time to make such changes.

20. Rights For Web Designs. For any web design(s) that I create for you, I give you the following rights: rights to use one domain.

I am not required to keep or provide any native source files that I used in the making of the site.

Miscellaneous terms:

21. Entire Agreement. This Agreement constitutes the complete and exclusive agreement between you and I concerning the work on this project, and it supersedes all other prior proposals, and representations, whether stated orally or in writing. We can modify this agreement, if both you and I sign that modification.

22. I Am An Independent Contractor. You agree that I am an independent contractor and not your employee. Although you will provide general direction to me, I will determine, in my sole discretion, the manner and ways in which I will provide Services for you and the timeline in which I am able to deliver Task Orders. The work that I create for you under this Agreement will not be deemed a “work-for-hire”, as that term is defined under U.S. Copyright Law. Whatever rights I grant you are contained in this Agreement.

23. Legal.  I can’t guarantee that the functions contained in any web page or in a completed website will always be error-free and so I can’t be liable to you or any third party for damages; including loss of revenue, anticipated profits, business, lost savings, goodwill or data, third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property; or other incidental, consequential or special damages arising out of the operation of or inability to operate your website and any other web pages in connection with performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure, regardless of my negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.

The foregoing applies even if the Designer has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.

In no event shall the Designer’s cumulative liability to you exceed the total purchase price of the Task Order you have purchased from the Designer and if no purchase has been made by you the Designer’s cumulative liability to you shall not exceed $100.

If any provision of this agreement shall be declared by any court to be null, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

In the event that the Client Content, photographs and other data that you provided is not owned by you and you expressly or impliedly claimed that you either owned the text content, photographs or other data that you provided to us, you agree to pay all costs, expenses and fees that I may incur that are associated with any claims or disputes that may arise as a result of your lack of ownership and/or permission to use the text content, photographs and other data. You agree to fully indemnify me in the event that any type of dispute arises regarding ownership or permission to use the text content, photographs and other data you provided.

24. Indemnification. Each party agrees to indemnify, defend, and hold harmless the other party, including their respective officers, employees, agents, and contractors, from and against any and all claims, losses, damages, liabilities, and expenses (including reasonable attorney’s fees) arising out of or related to their own negligence, breach of this Agreement, or violation of applicable law.

The Client further agrees to indemnify and hold harmless the Designer from any claims arising out of materials, content, or instructions provided by the Client, including but not limited to claims of copyright infringement, trademark violation, or other intellectual property disputes.

These indemnification obligations will survive termination of this Agreement.

25. Risk. I am not responsible for Task Order delay if the delay or failure to supply is caused by matters beyond reasonable control including, without limitation:

(a) A death in the family, debilitating illness or accident, and the like.
(b) Power Failure.
(c) Equipment Failure.
(d) Website Loading Failure.
(e) Force Majeure.
(f) Acts of God.

26. The “Small Print.” You cannot transfer this contract to anyone else without written permission from me. Although the language is simple, the intentions are serious and this contract is a legal document. In the event any disputes arise from the terms of or performance of this Agreement, parties will first attempt to resolve through good faith discussion or mediation before we proceed to arbitration. All claims arising under or relating to this Agreement are to be settled by binding arbitration in Park County, Montana or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.

However, we each agree that we will try to resolve any dispute that may arise in mediation before we proceed to litigation.

This document embodies the entire agreement and understanding between us with respect to the project.
​
This document may only be amended in writing that is signed by both of us.

Terms of Service

This agreement may be updated periodically to reflect evolving policies and practices. Clients will be notified of any material changes via email, and continued collaboration after such notice will be considered acceptance of the updated terms.

This Agreement remains in effect until terminated by either party in writing. Task Orders will follow the current Terms of Service in effect at the time of initiation, unless otherwise mutually agreed upon in writing.