Terms & Conditions

Last Updated: January 2026

These Terms and Conditions (“Terms”) govern your access to and use of https://www.kileyhaledesign.com (the “Website”) operated by Kiley Hale Design (“Company,” “we,” “us,” or “our”). By accessing, browsing, scheduling, purchasing, or otherwise using the Website or any related services, you agree to be bound by these Terms.

If you do not agree, do not use the Website or services.

Contact Information
Email: info@kileyhaledesign.com
Phone: (520) 330-9390
Business Location: Arizona, USA
(Optional: add a mailing address here if you want it publicly listed.)

1. Definitions

  • “Client” means any person or entity purchasing or receiving services from the Company.
  • “User” means any person who visits or uses the Website.
  • “Services” include, without limitation, website design/development, branding/visual design, consulting, strategy, content direction, SEO guidance, ongoing support/maintenance, and any other deliverables described in a proposal, invoice, or statement of work.
  • “Deliverables” means the work product provided to the Client (e.g., website files, design files, brand assets, templates) as described in writing.
  • “Third-Party Platforms” means providers and tools not owned by the Company (e.g., Webflow, Showit, Shopify, Google, hosting providers, payment processors, scheduling platforms, plugins, apps).

2. Website Use and Eligibility

You must be at least 18 years old to use this Website. You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of others or restrict their use of the Website.

We may modify, suspend, or discontinue any part of the Website at any time without notice.

3. No Professional Advice; No Guarantees

All information on this Website and during any consultation is provided for general informational purposes and does not constitute legal, financial, medical, or other professional advice.

No Results Guarantee. We do not guarantee any specific outcomes, including but not limited to revenue, sales, conversion rates, leads, rankings, traffic, SEO performance, ad performance, or business growth. Outcomes depend on many factors outside our control (market conditions, your industry, competition, content quality, offer strength, and Third-Party Platform changes).

4. Consultations, Scheduling, and the Consultation Fee

4.1 Consultation Booking Process

To schedule a consultation with Kiley Hale Design, you may be asked to complete an intake form and select an available time through our scheduling system.

4.2 Consultation Fee

A $50 consultation fee is required to reserve a consultation call time unless we expressly state otherwise in writing.

  • The consultation fee is non-refundable.
  • If you move forward into a paid project with the Company, the consultation fee will be credited toward your project total (as reflected in your proposal or invoice).
  • Paying the consultation fee does not guarantee that the Company will accept you as a Client or that we will proceed with a project. We reserve the right to decline projects at our discretion.

4.3 Rescheduling and No-Shows

Unless otherwise stated in writing:

  • You may request to reschedule with reasonable notice.
  • Missed calls/no-shows may forfeit the consultation fee, at our discretion, because the time was reserved.

5. Proposals, Scope of Work, and Changes

5.1 Written Scope Controls

Any services provided will be governed by the written scope set out in a proposal, invoice, statement of work, or agreement (“Project Agreement”). If there is a conflict between these Terms and a Project Agreement, the Project Agreement controls for that specific project.

5.2 Scope Changes (Change Orders)

Requests outside the agreed scope (including additional pages, new features, new integrations, new design directions, added revisions, content entry, additional SEO tasks, etc.) may require:

  • a change order,
  • additional fees, and/or
  • an adjusted timeline.

We are not obligated to begin out-of-scope work until it is approved in writing and paid as required.

6. Client Responsibilities

To ensure timely and accurate work, you agree to:

  • Provide accurate information, assets, logins, approvals, and feedback in a timely manner.
  • Ensure you have legal rights to use all materials you provide (photos, logos, fonts, copy, trademarks).
  • Review deliverables promptly and notify us of requested changes within any stated review windows.
  • Maintain backups of your content and data where applicable.

Delays. If you delay feedback, approvals, asset delivery, or payment, your project timeline may shift accordingly. We are not responsible for missed deadlines caused by Client delays.

7. Content, Assets, and Intellectual Property

7.1 Your Materials

You represent and warrant that you own or have permission to use all materials you provide. You agree to indemnify us for any claims arising from materials you supply that infringe a third party’s rights.

7.2 Company Materials

Unless expressly stated otherwise in writing, all frameworks, templates, design systems, processes, and non-client-specific tools created by the Company remain Company property.

7.3 Ownership of Deliverables

Unless your Project Agreement states otherwise:

  • Ownership of final Deliverables transfers to you only after full payment of all invoices due.
  • Until paid in full, all work product remains the Company’s property.

7.4 Portfolio and Promotional Use

You grant the Company permission to display project work (including your name/logo and screenshots) in our portfolio, Website, and marketing unless you request confidentiality in writing and we agree in writing.

8. Payments, Invoicing, and Refund Policy

8.1 Payment Terms

Payment terms will be listed in your invoice or Project Agreement and may include deposits, milestone payments, payment plans, or retainers.

8.2 Deposits and Commencement of Work

Unless stated otherwise, work begins after payment is received (including any required deposit).

8.3 Non-Refundable Fees

Because our services involve reserved time and custom creative work:

  • Consultation fees are non-refundable.
  • Deposits and payments may be non-refundable as stated in your Project Agreement.
  • Once work begins, refunds are not provided for time already spent, reserved capacity, or completed deliverables, except where required by law or expressly agreed in writing.

8.4 Late Payments

Late payments may result in paused work, delayed timelines, withholding of Deliverables, and/or late fees where permitted, as stated in your Project Agreement.

8.5 Chargebacks

You agree to contact us first to resolve billing issues prior to initiating a chargeback. Unauthorized chargebacks may be disputed with documentation (contracts, invoices, deliverables, communication logs). We reserve the right to suspend services during disputes.

9. Third-Party Platforms, Integrations, and Technical Limitations

You acknowledge that many websites and marketing systems depend on Third-Party Platforms. The Company is not responsible for:

  • outages, platform downtime, bugs, updates, or pricing changes;
  • third-party policy enforcement, suspensions, takedowns, or account restrictions;
  • plugin/app conflicts, hosting failures, email deliverability issues, domain/DNS errors outside our control;
  • changes to SEO algorithms (e.g., Google) or ranking volatility.

You are responsible for maintaining your own accounts, subscriptions, and fees with Third-Party Platforms unless your Project Agreement states otherwise.

10. SEO and Marketing Disclosures

If we provide SEO guidance or implementation:

  • SEO results are not guaranteed.
  • Rankings can fluctuate due to competition and algorithm updates.
  • Timelines for SEO improvements vary widely.

If we provide analytics setup or reporting, you acknowledge that data accuracy can be affected by browser privacy settings, cookie consent configurations, platform updates, and tracking limitations.

11. Accessibility and Compliance

Kiley Hale Design makes reasonable best efforts to support modern website best practices and may provide accessibility-related guidance or statements when included in scope. However:

  • We do not guarantee that any website will meet every accessibility standard in every circumstance or remain compliant as standards evolve.
  • Legal compliance requirements vary by industry and jurisdiction; you are responsible for obtaining legal advice regarding your specific obligations.

12. Disclaimer of Warranties

The Website and Services are provided on an “AS IS” and “AS AVAILABLE” basis to the fullest extent permitted by law. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

To the fullest extent permitted by law:

  • The Company will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, loss of data, or business interruption.
  • The Company’s total liability for any claim arising out of or relating to the Website or Services will not exceed the total amount paid by you to the Company for the specific Services giving rise to the claim during the three (3) months preceding the event giving rise to liability.

Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Company from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or related to:

  • your breach of these Terms,
  • your misuse of the Website or Services,
  • materials you provide that infringe intellectual property or violate laws,
  • your products/services and business practices.

15. Termination and Refusal of Service

We reserve the right to refuse service, terminate projects, or restrict access to the Website at our discretion, including for non-payment, abusive behavior, unlawful activity, or repeated scope disputes.

Upon termination:

  • amounts owed remain due,
  • completed work may be delivered per the Project Agreement,
  • access to certain systems may be removed if controlled by the Company, consistent with the Project Agreement.

16. Privacy

Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, and protect information. By using the Website, you agree to the Privacy Policy.

17. Dispute Resolution; Governing Law; Venue

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules.

Any dispute arising under these Terms shall be brought in the state or federal courts located in Arizona, and you consent to jurisdiction and venue in those courts, unless otherwise required by law.

(Optional upgrade: add mediation/arbitration language if you want that path—tell me and I’ll include a version.)

18. Changes to These Terms

We may update these Terms at any time. Changes will be posted on this page with an updated “Last Updated” date. Your continued use of the Website after changes are posted constitutes acceptance of the revised Terms.

19. Contact Us

Questions about these Terms may be directed to:
info@kileyhaledesign.com or (520) 330-9390

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