Terms of Service
These Terms of Service govern your use of dawndigitalsolutions.com and, together with a written proposal or statement of work, the web design and development services that Dawn Digital Solutions provides. They are effective September 28, 2026.
1. Agreement, this website and booking a call
Agreement. By using this site, booking a call or signing a proposal, you agree to these Terms and to our Privacy Policy. If you act for a business, you confirm you have authority to bind it, and "you" includes that business.
Who we are. Dawn Digital Solutions ("we," "us"), Durham, North Carolina.
Project agreements. When we agree on a project, we send a written proposal or statement of work. These Terms and the signed proposal together are the agreement for that project. If they conflict, the signed proposal controls for that project.
Using this website. Use it lawfully. Do not interfere with it, probe it for weaknesses, scrape it, or copy its content, design or code.
Booking a call. A booking is a request, not a confirmation. We confirm by email, normally within one business day. The 20-minute intro call is free and creates no obligation for either of us. If any fee applies to a scoping call, we will tell you before the call.
Concept work. The sites shown in our portfolio as concept work are demonstrations for fictional brands. They are not real businesses, products or services, and nothing on them is an offer or a claim.
Targets, not promises. Figures on our site, such as speed scores, frame rates and reply times, describe the standards we aim for. They are not guarantees for any particular project or result.
2. Proposals, fees and payment
Proposal. Each proposal states the scope, deliverables, timeline, fees, deposit and payment milestones. The budget ranges on our booking form are for planning and are not quotes.
Deposit. A deposit is due before we begin. We reserve time for your project and start work when it is paid, so the deposit is non-refundable once work has begun.
Invoices. Unless your proposal says otherwise, invoices are due within 14 days. If an invoice is overdue, we may pause work and hold back launch, handover and access to hosting until it is paid.
Changes to scope. Work outside the agreed scope needs a written change order with its price and timeline before we start it.
Third-party costs. Domains, hosting, plug-ins, fonts, stock media, software licenses and subscriptions (for example a store, CRM or CMS plan) are paid by you, either directly or at cost through us. We add no markup unless your proposal says so.
Taxes and payment. Prices are in U.S. dollars and exclude any taxes we are required to collect. Payments are processed by a third-party payment processor. Please contact us before disputing a charge with your bank. If you dispute a valid charge, we may pause work while it is resolved.
3. Your responsibilities, revisions and acceptance
What we need from you. Provide content, brand assets and account access on time, give consolidated feedback, and name one person with authority to approve work. Information you give us must be accurate.
Rights in your materials. You confirm that you own or have permission to use everything you give us, including text, images, logos, fonts, video, music and data, and that it is lawful and truthful. You grant us the right to use it to build, host and support your site.
Delays. Our schedule assumes timely input from you. If we wait more than 30 days for feedback or materials, we may pause the project and reschedule it. Fees for completed work stay due.
Revisions. Your proposal states how many rounds of revisions are included. If it is silent, two rounds of consolidated revisions per phase are included. More rounds are billed as a change order.
Acceptance. A deliverable is accepted when you approve it in writing, when the site launches, or 7 days after we deliver it without you sending us a written list of issues, whichever comes first.
Post-launch support. For the support period in your proposal, or 14 days after launch if it is silent, we will fix defects in our work at no charge. A defect means the site does not work as the proposal describes. New features, changes of mind, content edits, and problems caused by third-party changes or by edits made by others are not defects. After the support period, we offer help hourly or under a maintenance plan agreed in writing.
4. Ownership, accounts and hosting
Your content. Content you provide stays yours.
What you own. Once you have paid in full, you own the custom design and custom code we create specifically for your site, other than the items below.
What we keep. We keep ownership of our pre-existing and reusable code, components, shader and motion libraries, templates, tools and methods ("Dawn Materials"). Where Dawn Materials are built into your site, we grant you a perpetual, non-exclusive license to use them as part of that site.
Third-party and open-source components. These stay under their own licenses, which you agree to follow.
Before payment. Until you have paid in full, deliverables remain ours and you may use them only to review the work.
Portfolio. We may show and describe the finished site, including its name and screenshots, in our portfolio and marketing unless you ask us in writing not to. We will never reveal your confidential information.
Your accounts. Where possible, domain names, hosting, CMS, store, CRM and analytics accounts are opened in your name. You own them and are responsible for their renewals and fees, and we act on your authority. At the end of the project we hand over access.
Hosting and maintenance from us. If your proposal includes hosting or maintenance, it renews as the proposal states. Either of us may end it with 30 days' written notice, and we will reasonably help you move your site. We do not guarantee uninterrupted service.
Third-party services. Services such as HubSpot, Shopify, hosts, registrars and font providers have their own terms and can change their features, prices or availability. We are not responsible for what they do.
5. Results, accessibility, disclaimers and liability
No guarantee of results. Search rankings, traffic, leads, sales and revenue depend on many things we do not control. We do not promise any particular outcome from your website.
Performance and accessibility. The speed budget and accessibility target (WCAG 2.2 AA) in your project plan are goals we measure at launch, on the pages, devices and tools the plan names. Later content changes, third-party scripts and new browser versions can change the results. Accessibility standards and laws vary and change. We do not give legal advice and cannot promise that a site will be free of complaints or legal claims.
Your compliance. You are responsible for the content you add and for your site's own legal notices, cookie and consent settings, and compliance with the rules for your industry. If your site will handle regulated information such as health, financial or children's data, tell us before we start, because it affects design and hosting.
Disclaimer of warranties. OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND UNINTERRUPTED OR ERROR-FREE OPERATION, EXCEPT FOR THE SUPPORT COMMITMENT IN SECTION 3.
Limitation of liability. TO THE FULLEST EXTENT THE LAW ALLOWS, DAWN DIGITAL SOLUTIONS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR BUSINESS, ARISING FROM OR RELATED TO OUR WEBSITE OR SERVICES, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO A PROJECT WILL NOT EXCEED THE FEES YOU PAID US FOR THAT PROJECT IN THE 12 MONTHS BEFORE THE CLAIM AROSE, AND FOR USE OF THIS WEBSITE ALONE WILL NOT EXCEED $100. Some places do not allow certain limits, so parts of this section may not apply to you, and in that case our liability is limited to the smallest extent the law permits.
Indemnity. You will defend and hold harmless Dawn Digital Solutions from claims, losses and expenses, including reasonable attorneys' fees, arising from the materials and content you provide, the instructions you give us, or your use of the finished site.
6. Confidentiality, ending a project, disputes and general terms
Confidentiality. Each of us will keep the other's non-public information confidential and use it only for the project. This does not cover information that is public, that the other side already had or developed on its own, or that the law requires us to disclose.
Ending a project. Either of us may end a project by written notice. If you end it, you pay for work done through the end date and any third-party costs we cannot cancel, the deposit is not refunded, and we hand over the paid-for deliverables. If we end it for any reason other than your breach, we refund the part of the fees for work we have not yet performed. We may suspend or end a project immediately for non-payment, unlawful or harmful content, or abusive conduct. Sections on ownership, payment, confidentiality, disclaimers, liability, indemnity and disputes survive.
Governing law. These Terms and any dispute about our website or services are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules.
Talk to us first. Before filing a claim, email main@dawndigitalsolutions.com with a description of the problem and what you want. Both sides will try in good faith to resolve it within 30 days.
Venue. If it is not resolved, any claim will be brought only in the state courts located in Orange County, North Carolina, or the United States District Court for the Middle District of North Carolina, and both sides consent to the personal jurisdiction of those courts. To the fullest extent the law allows, claims must be brought individually and not in any class or representative action, and each side waives any right to a jury trial. A claim must be filed within one year after it arose, where the law permits a period that short.
Changes to these Terms. We may update these Terms by posting a new version with a new effective date. For a project in progress, the Terms in effect when you signed the proposal continue to apply unless we both agree otherwise.
General. These Terms and your signed proposal are the entire agreement between us about the project. If a provision is unenforceable, the rest stays in force. Not enforcing a right is not a waiver of it. Neither of us may assign the agreement without the other's written consent, except that we may assign it in a sale of our business. We are independent contractors, and there are no third-party beneficiaries. Neither side is liable for delays caused by events beyond its reasonable control. We may give notice by email.
Contact. Dawn Digital Solutions, Durham, North Carolina, United States. Email: main@dawndigitalsolutions.com.