Terms of Service

1 Agreement to Terms

By accessing and using the services provided by Tempest Dispatch ("Company," "we," "us," or "our"), you ("Client," "you," or "your") agree to comply with and be bound by these Terms of Service.

Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you and Tempest Dispatch. If you do not agree with any part of these terms, you must not use our services.

Eligibility

By using our services, you represent and warrant that:

• You are at least 18 years old or the age of majority in your jurisdiction
• You have the legal authority to enter into this agreement
• You will use our services in compliance with all applicable laws and regulations
• All information you provide is accurate, current, and complete

2 Services Description

Tempest Dispatch provides professional web development and digital solutions including, but not limited to, the following services:

Core Services

• Web Design & Development: Custom website design, development, and redesign services
• CMS Solutions: Content management system implementation and customization
• E-commerce Development: Online store setup and integration
• SEO & Optimization: Search engine optimization and performance improvements
• Maintenance & Support: Ongoing website maintenance and technical support
• Consultation Services: Strategic planning and digital consultation

Service Scope

Each project begins with a consultation to define the specific scope of work. Services will be provided according to the agreed-upon project proposal or statement of work, which becomes part of this agreement upon your acceptance.

We reserve the right to refuse service, modify services, or discontinue services at our discretion with appropriate notice to existing clients.

3 User Responsibilities

As a client of Tempest Dispatch, you agree to fulfill certain responsibilities to ensure successful project completion and service delivery.

Client Obligations

• Content Provision: Provide all necessary content, images, text, and materials in a timely manner
• Feedback & Approvals: Review and approve deliverables within agreed timeframes
• Access Credentials: Provide necessary access to hosting, domains, and third-party services
• Communication: Maintain regular communication and respond to requests promptly
• Decision Making: Make timely decisions regarding design, functionality, and features
• Legal Compliance: Ensure all provided content complies with applicable laws

Prohibited Activities

You agree not to:

• Use our services for any illegal or unauthorized purpose
• Provide false, inaccurate, or misleading information
• Violate any intellectual property rights of third parties
• Request services that promote hate speech, violence, or illegal activities
• Interfere with or disrupt our services or servers

4 Payment Terms

All services provided by Tempest Dispatch are subject to the following payment terms and conditions.

Pricing & Invoicing

• Custom Quotes: All projects receive custom pricing based on scope and requirements
• Starting Prices: Published starting prices are estimates; final pricing determined after consultation
• Currency: All prices quoted in GBP (British Pounds) unless otherwise specified
• Invoicing: Invoices issued electronically with detailed breakdown of services

Payment Schedule

Standard payment structure for projects:

• Deposit: 50% deposit required before project commencement
• Final Payment: Remaining 50% due upon project completion
• Milestone Payments: Larger projects may be divided into milestone-based payments
• Recurring Services: Monthly maintenance and support invoiced in advance

Payment Methods

We accept the following payment methods:

• Bank transfer / Wire transfer
• Credit/Debit cards (via secure payment processor)
• PayPal
• Other methods by prior arrangement

Late Payments

Invoices are due within 14 days of issue unless otherwise agreed. Late payments may incur:

• Late payment fees of 5% per month on overdue balances
• Suspension of services until payment is received
• Withholding of project files and deliverables
• Termination of agreement for persistent non-payment

5 Intellectual Property Rights

This section defines the ownership and usage rights of intellectual property created during our engagement.

Ownership Transfer

Upon full payment of all invoices:

• Client Ownership: You own all custom design elements, graphics, and content created specifically for your project
• Source Files: You receive all source files, code, and assets related to your project
• Usage Rights: Full rights to use, modify, and reproduce the delivered work

Our Retained Rights

• Portfolio Use: We retain the right to showcase your project in our portfolio and marketing materials
• Pre-existing Materials: We retain ownership of any pre-existing materials, templates, or code libraries
• Methodologies: We retain ownership of our development methodologies and processes
• Attribution: We may include discreet attribution in website footer (removable upon request)

Third-Party Components

Projects may incorporate third-party components (plugins, frameworks, libraries) governed by their respective licenses. We ensure proper licensing compliance for all components used.

6 Project Timeline & Deliverables

Project timelines are established during the consultation and proposal phase based on project scope and complexity.

Timeline Estimates

• Project Proposals: Include estimated timelines for each project phase
• Good Faith Estimates: Timelines are estimates, not guarantees, based on current workload
• Milestone Dates: Key deliverable dates established in project agreement
• Updates: Regular progress updates provided throughout project

Factors Affecting Timeline

Project timelines may be extended due to:

• Client delays in providing content, feedback, or approvals
• Scope changes or additional feature requests
• Third-party service delays (hosting, APIs, integrations)
• Technical challenges or unforeseen complications
• Force majeure events beyond our control

Revisions & Changes

• Included Revisions: Each project includes specified number of revision rounds
• Scope Changes: Requests outside original scope may incur additional fees and timeline adjustments
• Change Orders: Significant changes require written change order with updated pricing and timeline

7 Warranties & Disclaimers

We stand behind the quality of our work while maintaining realistic expectations about digital services.

Our Warranties

• Professional Standards: Services performed with professional skill and care
• Functionality: Delivered websites function as specified in project agreement
• Bug Fixes: We correct errors and bugs discovered within 30 days of launch at no additional cost
• Browser Compatibility: Sites tested on current versions of major browsers

Disclaimers

Except as expressly stated above, our services are provided "as is" without warranties of any kind, express or implied, including but not limited to:

• No guarantee of specific business results or revenue increases
• No guarantee of specific search engine rankings or traffic levels
• No warranty regarding third-party service functionality or availability
• No warranty that services will be uninterrupted or error-free

8 Limitation of Liability

To the maximum extent permitted by law, Tempest Dispatch's liability is limited as follows:

Liability Cap

Our total liability for any claims arising from or related to our services shall not exceed the total amount paid by you for the specific services giving rise to the claim.

Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of data or information
• Loss of business opportunities
• Cost of substitute services
• Reputational damage

Client Indemnification

You agree to indemnify and hold Tempest Dispatch harmless from any claims arising from:

• Content you provide for inclusion in your project
• Your violation of these terms or applicable laws
• Your use of the delivered website or services
• Third-party claims related to your business activities

9 Termination

Either party may terminate services under certain conditions as outlined below.

Termination by Client

• Before Project Start: Full refund of deposit minus administrative costs ($50)
• During Project: Pay for work completed to date plus 25% of remaining balance
• Notice Required: Written notice via email to initiate termination
• Deliverables: You receive work completed to termination date upon full payment

Termination by Tempest Dispatch

We may terminate services immediately if:

• Payment is 30 days or more overdue
• You violate these terms of service
• You engage in abusive or threatening behavior
• You request illegal or unethical services
• Circumstances make project continuation impractical

Post-Termination

• All unpaid invoices become immediately due
• We may withhold deliverables until full payment received
• Intellectual property rights governed by Section 5 remain in effect
• Confidentiality obligations survive termination

10 Dispute Resolution

We are committed to resolving any disputes amicably and efficiently.

Initial Resolution

If you have concerns about our services, please contact us immediately at Support@tempestdispatch.site. We will work in good faith to resolve the issue within 14 business days.

Mediation

If direct resolution fails, both parties agree to attempt resolution through mediation before pursuing formal legal action. Mediation costs shared equally unless otherwise agreed.

Governing Law

These Terms of Service are governed by the laws of State/ Court of Wyoming. Any legal disputes shall be resolved in the courts of State/ Court of Wyoming.

Arbitration

For disputes exceeding $10,000, both parties agree to binding arbitration conducted in accordance with the rules of the American Arbitration Association (AAA) .

11 Modifications to Terms

We reserve the right to modify these Terms of Service at any time to reflect changes in our services, legal requirements, or business practices.

Notification of Changes

• Updated terms posted on our website with new "Last Updated" date
• Email notification to active clients for material changes
• 30-day notice period before changes take effect
• Continued use of services constitutes acceptance of updated terms

Existing Projects

For projects already in progress, the terms in effect at project commencement apply unless both parties agree in writing to adopt updated terms.

12 General Provisions

Entire Agreement

These Terms of Service, together with any project proposals and statements of work, constitute the entire agreement between you and Tempest Dispatch regarding our services.

Severability

If any provision of these terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including natural disasters, pandemics, government actions, or internet service disruptions.

Assignment

You may not assign or transfer these terms without our written consent. We may assign these terms to any successor or affiliate.

Waiver

Our failure to enforce any provision of these terms does not constitute a waiver of that or any other provision.

Contact Information

For questions regarding these Terms of Service, please contact:
Email: info@tempestdispatch.site
Address: Tempest Dispatch, Sheridan, Wyoming, USA.