Last Updated: 2025-11-12
Wonder Giant provides custom website development, maintenance, and related digital services. These Client Services Terms explain how we work with clients, what we are responsible for, and what we expect in return. If you hire Wonder Giant for any professional services, these terms apply unless we sign a separate written agreement with you.
These Client Services Terms (“Terms”) govern all professional services provided by Wonder Giant LLC (“Consultant”) to any client (“Client”) unless a separate written agreement is signed. By engaging Consultant for any work, Client agrees to these Terms.
1. Scope of Services
Consultant provides website development, design, maintenance, and related professional services. The specific services to be performed will be outlined in a proposal, estimate, or written request approved by Client.
2. Relationship of the Parties
Client and Consultant act as independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship. Consultant may provide similar services to other clients.
Client agrees not to solicit or hire Consultant’s employees or subcontractors to perform work outside Consultant’s engagement.
3. Client Responsibilities
Client agrees to:
- Provide timely access to information, assets, accounts, and approvals
- Define project requirements, including any accessibility, privacy, or regulatory needs
- Review work promptly and provide feedback
- Ensure content accuracy and completeness
- Secure any required licenses, releases, or permissions for assets Client provides
Client is responsible for its own legal compliance, including ADA, GDPR, CCPA, or other regulatory requirements, unless such compliance is expressly included in the scope of work.
4. Ownership and Usage Rights
Consultant retains ownership of all work until payment is received.
Upon payment, Consultant grants Client a perpetual, non-exclusive license to use the final, paid deliverables for Client’s business purposes.
Consultant retains ownership of:
- Pre-existing tools, frameworks, processes, and code
- Internal build systems, repositories, and workflows
- Project concepts, drafts, and unused creative
- Materials developed outside the paid scope
Consultant may display the completed project in portfolios and marketing materials.
5. Schedule and Delivery
Consultant will make reasonable efforts to meet project timelines. Delays caused by Client, third-party services, technical obstacles, or unforeseen events may extend delivery timelines.
Work may be paused or rescheduled if Client becomes unresponsive or fails to provide required information.
Final delivery may be withheld until outstanding invoices are paid.
6. Quality Assurance
Client agrees to review and test deliverables within fifteen (15) days of delivery. After this review period, work is deemed accepted.
After acceptance, Consultant is not responsible for changes or issues resulting from:
- Third-party software updates or incompatibilities
- Hosting or server changes
- API updates or service disruptions
- Security breaches or malicious activity
- Modifications made by Client or other developers
- New revisions or added functionality
Consultant may assist with such issues upon request at Consultant’s hourly rate.
7. Updates, Revisions, and Third-Party Work
Any updates, modifications, or revisions requested after delivery are considered new work and billed accordingly.
Consultant is not responsible for issues arising from changes made by Client or third parties. Client is responsible for engaging qualified technical personnel if Consultant is not managing the project.
Consultant may assist with transitions or onboarding new developers at Client’s request at Consultant’s hourly rate.
8. Hosting, Backups, and Data Loss
Unless expressly included in the scope of work, Consultant is not responsible for:
- Hosting environment configuration
- Backup systems
- Data loss or recovery
- Ongoing monitoring
Client is responsible for maintaining appropriate hosting, backups, and security.
9. Availability and Communication
Consultant’s standard business hours are Monday through Friday, 9:00 AM to 5:00 PM Mountain Time. Availability may vary based on workload, holidays, or other commitments.
Consultant will make reasonable efforts to respond within one to two business days. Immediate or real-time communication is not guaranteed.
Work performed outside standard business hours is at Consultant’s discretion and may be billed at elevated rates.
10. Pro Management Services
If Client subscribes to Consultant’s ongoing maintenance services (“Pro Management”), the service renews monthly unless canceled with written notice.
Pro Management does not include emergency support, guaranteed response times, or 24/7 monitoring by a human unless stated in a separate agreement.
Upon cancellation, Consultant will assist in transferring hosting, services, or licenses at Consultant’s hourly rate. Certain plugins or licenses may require separate purchase by Client.
11. Payments
Invoices are due upon receipt. Late payments may result in suspension of work or access restrictions.
Client is responsible for all costs incurred prior to cancellation of services.
Consultant may charge late fees and may pursue collection of overdue invoices.
Expenses, third-party services, and specialty tools requested by Client are billed separately.
12. Confidentiality
Both parties will keep non-public information confidential.
Consultant may share information with subcontractors or service providers as necessary, provided confidentiality obligations apply.
13. Limitation of Liability
Consultant’s total liability is limited to the amount paid by Client for the services giving rise to the claim.
Consultant is not liable for:
- Loss of revenue or profits
- Data loss or corruption
- Third-party software issues
- Indirect, incidental, or consequential damages
- Website downtime or hosting outages
- Security breaches
All services are provided “as is” except where otherwise agreed in writing.
14. Indemnification
Client agrees to indemnify Consultant from claims arising from:
- Client content or materials
- Misuse of deliverables
- Regulatory non-compliance
- Violations of Client obligations
Consultant indemnifies Client only for Consultant’s willful misconduct or intentional wrongdoing.
15. Force Majeure
Neither party is liable for delays caused by events beyond reasonable control, including natural disasters, outages, or third-party failures.
16. Assignment
Neither party may assign this agreement without written consent, except Consultant may assign to a successor entity.
17. Severability and Waiver
If any part of these Terms is unenforceable, the remainder remains in effect. Failure to enforce any right is not a waiver.
18. Governing Law
These Terms are governed by the laws of the State of Colorado.
19. Dispute Resolution
Parties will attempt to resolve disputes informally. If unresolved, mediation will occur in Jefferson County, Colorado. If mediation fails, arbitration will follow.
20. Contact Information
For questions regarding these Terms, contact:
Wonder Giant LLC