Terms of Service

These Terms of Service ("Terms") govern your use of this website and any web development, consulting, maintenance, support, migration, hosting-adjacent, technical advisory, or related services provided by My Developer LLC ("Provider," "we," "us," or "our").

By using this website, requesting a quote, approving a proposal, signing an agreement, paying an invoice, or using our services, you agree to these Terms.

1. Services

The exact scope, deliverables, fees, schedule, and responsibilities for a project will be described in a written proposal, estimate, statement of work, email agreement, support plan, or invoice.

2. Project Scope and Changes

Each project is limited to the scope expressly agreed in writing.

Requests outside the agreed scope may require a new estimate, change order, revised timeline, or additional fees. Examples of out-of-scope work may include new features, design revisions beyond the agreed number, emergency support, third-party service issues, hosting issues, content entry, data cleanup, browser-specific fixes not previously identified, or additional rounds of testing.

We may decline or postpone work that is outside the agreed scope until the parties agree on revised terms.

3. Client Responsibilities

You agree to provide timely access, approvals, credentials, content, documentation, feedback, and cooperation reasonably needed to perform the services.

Project timelines may be extended if required information, access, approvals, content, or payment are delayed.

4. Estimates, Fees, and Payment

Fees may be billed hourly, by project, by milestone, by retainer, or by recurring support plan, as stated in the applicable proposal or invoice.

5. Retainers, Maintenance Plans, and Recurring Services

Some services may be offered as monthly, quarterly, annual, or recurring maintenance/support plans. The details of each plan, including covered services, excluded services, billing frequency, renewal terms, and cancellation process, will be provided at signup, in the proposal, or in the invoice.

Unless otherwise stated, recurring plans continue until canceled. You may cancel a recurring plan by contacting us at [email protected] or by using any cancellation method provided at signup.

Cancellation stops future billing but does not automatically refund amounts already paid, unless required by law or stated in the applicable plan terms.

Unused support hours, prepaid time, or retainer balances expire or roll over only if the applicable plan expressly says so.

6. Scheduling, Availability, and Emergency Work

We make reasonable efforts to meet agreed timelines, but delivery dates are estimates unless expressly stated as firm deadlines in writing.

Emergency, after-hours, weekend, holiday, or rush support may be subject to availability and additional fees.

We are not responsible for delays caused by client inaction, third-party vendors, hosting providers, domain registrars, payment processors, security incidents, plugin/module maintainers, API outages, DNS propagation, browser changes, platform updates, or other events outside our reasonable control.

7. Website Launches, Migrations, and Production Changes

Website launches, migrations, upgrades, and production deployments involve inherent risk, including downtime, bugs, broken links, data inconsistencies, DNS delays, caching issues, permission issues, payment errors, or unexpected behavior.

We will use reasonable professional care, but you are responsible for reviewing and approving production changes unless otherwise agreed. You should maintain appropriate backups, staging environments, credentials, vendor access, and rollback plans.

We are not responsible for business losses, revenue loss, SEO changes, analytics changes, email deliverability issues, payment interruptions, or traffic changes resulting from a launch, migration, third-party change, or production deployment, except to the extent caused by our gross negligence or willful misconduct.

8. Third-Party Services

Your website may rely on third-party services such as hosting providers, DNS providers, domain registrars, payment processors, email services, analytics tools, APIs, security services, Drupal modules, WordPress plugins, themes, libraries, ecommerce platforms, or SaaS tools.

We are not responsible for third-party services, pricing, outages, data loss, security incidents, policy changes, API changes, discontinued products, licensing issues, or compatibility problems.

Your use of third-party services is governed by those providers’ own terms and policies.

9. Open Source Software

Many websites use open source software, including Drupal, WordPress, PHP libraries, Composer packages, modules, plugins, themes, JavaScript libraries, and other community-maintained code.

Open source software is provided under its applicable license. We do not own or control third-party open source projects and cannot guarantee that any particular module, plugin, theme, package, or dependency will remain secure, maintained, compatible, or available.

10. Intellectual Property

We may reuse general knowledge, techniques, code patterns, non-confidential ideas, and experience gained during the project.

11. Portfolio Use

Unless you request otherwise in writing, we may identify you as a client and describe the general nature of the work in our portfolio, proposals, resume, case studies, or marketing materials.

We will not intentionally disclose confidential information, private credentials, non-public business data, or sensitive technical details without permission.

12. Confidentiality

Each party may receive confidential information from the other. Confidential information includes non-public business information, credentials, technical details, private data, unreleased content, financial information, and other information that a reasonable person would understand to be confidential.

Each party agrees to use reasonable care to protect confidential information and to use it only for purposes related to the services.

Confidentiality obligations do not apply to information that is publicly available, independently developed, already known without restriction, or required to be disclosed by law.

13. Security

We use reasonable professional practices when working with websites, credentials, code, and production systems. However, no website, server, application, integration, or online service can be guaranteed secure.

You are responsible for maintaining secure passwords, access controls, backups, hosting accounts, payment accounts, user permissions, and administrative policies.

Unless expressly included in the scope, services do not include continuous security monitoring, incident response, malware removal, penetration testing, compliance audits, or guaranteed protection from attacks.

14. Accessibility

Accessibility remediation, testing, and consulting may be provided if included in the project scope. Accessibility standards, tools, browser behavior, assistive technologies, and legal requirements may change over time.

We do not guarantee that any website will be fully compliant with every accessibility law, regulation, standard, or user need unless a specific written compliance commitment is included in the agreement.

15. Content, Legal Compliance, and Regulated Activities

You are solely responsible for your website content, products, services, business practices, user communications, privacy disclosures, refund policies, subscription terms, taxes, industry-specific rules, and legal compliance.

We do not provide legal, tax, accounting, medical, financial, or regulatory advice.

You agree not to use our services for unlawful, infringing, deceptive, abusive, harmful, or unauthorized activities.

16. Privacy

Use of personal information collected through this website is governed by our Privacy Policy.

If your business collects personal information from users, customers, donors, students, subscribers, or clients, you are responsible for maintaining an appropriate privacy policy and complying with applicable privacy laws. California’s CCPA/CPRA framework may require notices at collection, privacy-policy disclosures, and consumer rights mechanisms for covered businesses.

17. Warranties and Disclaimers

We will perform services in a professional and workmanlike manner.

Except as expressly stated in a written agreement, the website, information, and services are provided "as is" and "as available." We disclaim all warranties not expressly stated, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, error-free performance, SEO results, revenue results, security outcomes, compatibility with all third-party systems, or compliance with all laws.

18. Limitation of Liability

To the maximum extent allowed by law, our total liability for any claim related to the website or services will not exceed the amount you paid us for the specific services giving rise to the claim during the three months before the claim arose.

We will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, lost traffic, lost rankings, business interruption, reputational harm, or costs of substitute services.

Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.

19. Indemnification

20. Termination

Either party may terminate services as stated in the applicable proposal, plan, or agreement.

We may suspend or terminate work if payment is overdue, required access is not provided, the project becomes inactive, the requested work is unlawful or unethical, or continuing the relationship is no longer commercially reasonable.

Upon termination, you remain responsible for all fees and expenses incurred through the termination date.

21. Governing Law

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

Any disputes will be handled in the state or federal courts located in Lane County, Oregon, unless another venue is required by law or agreed in writing.

22. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted on this website with a new effective date. Continued use of the website or services after updated Terms are posted means you accept the updated Terms.

23. Contact

Questions about these Terms may be sent to: