These Terms of Service ("Terms") govern your use of services provided by Crush Digital Atelier LLC ("we," "us," "our"), operating as Trailhead at trailheadmade.com ("Website").
By accessing our Website or purchasing our services, you agree to be bound by these Terms. If you do not agree, do not use our services.
1. Services Provided
1.1 Website Build Package ($750 USD)
Our standard package includes:
- Custom one-page website design
- Mobile-optimized responsive layout
- Professional SEO setup (meta tags, sitemap, robots.txt)
- Google Analytics integration
- SSL certificate setup
- Contact form integration
- Two (2) rounds of revisions during the build process
- Launch in 6 days (contingent on Day 1 content delivery)
1.2 Care & Hosting ($18 USD/month)
Our monthly hosting and maintenance plan includes:
- Website hosting on enterprise-grade infrastructure
- SSL certificate renewal and security updates
- Uptime monitoring and backups
- Performance optimization
- Two (2) content updates per month (up to 30 minutes each)
- Priority email support
IMPORTANT: The Care & Hosting plan is required for all websites we build. Declining this service voids the 6-day delivery SLA and all uptime/security coverage. Without hosting, you must arrange alternative hosting and may incur additional setup fees.
1.3 Additional Services
- Additional Content Updates: $10 USD per update (beyond 2/month included)
- Additional Pages: Custom quote (discussed during kickoff call)
- Content Writing: Custom quote for copywriting services
- Stock Images: Custom quote for image sourcing and licensing
- Rush Delivery: Custom quote (subject to availability)
2. Client Obligations
To meet the 6-day delivery timeline, you must:
- Deliver Content on Day 1: Provide all required content (text, images, branding materials) within 24 hours of project kickoff
- Respond Promptly: Review drafts and provide feedback within 24-48 hours
- Provide Accurate Information: Supply correct business details, contact information, and content
- Own or License Content: Ensure you have rights to all provided materials (images, text, logos)
- Maintain Active Email: Check email regularly for project updates and revision requests
Failure to provide timely content or feedback may delay your project launch. The 6-day timeline restarts from the date we receive complete materials.
3. Payment Terms
3.1 Build Fee
- $750 USD one-time payment for website build
- Payment due in full before project kickoff
- Accepted methods: Credit card, debit card (via Stripe)
- All fees in U.S. dollars (approximate CAD equivalent shown at checkout)
3.2 Hosting & Maintenance
- $18 USD per month, billed monthly via Stripe
- First payment due upon site launch
- Automatically renews each month until cancelled
- Cancellation requires 30 days' notice
3.3 Late Payment
If a hosting payment fails, we will attempt to charge your payment method for 7 days. After 7 days, your website may be suspended. After 30 days of non-payment, we reserve the right to delete your website and all associated files.
3.4 Taxes
Prices do not include applicable sales taxes (GST, PST, HST, or sales tax in your jurisdiction). Taxes will be calculated and added at checkout where required.
4. Refunds & Cancellations
See our Client Satisfaction & Refund Policy for complete details. Summary:
4.1 Build Fee Refunds
- Before Work Begins: Full refund minus payment processing fees (≈3%)
- During Build (Days 1-3): 50% refund for work completed
- After Day 3 or Site Launch: No refunds (two revision rounds still available)
4.2 Hosting Cancellation
- Cancel anytime with 30 days' notice
- No refunds for partial months
- We will provide your website files upon request
- Site taken offline at end of billing period
5. Intellectual Property
5.1 Client Owns Final Website
Upon full payment of the build fee, you own:
- All custom design elements created specifically for your site
- All content you provided
- The final compiled website files
5.2 We Retain Rights To
- Underlying code frameworks and tools (Next.js, React, libraries)
- Reusable components and templates we developed
- Our design processes and methodologies
- Use of your site in our portfolio (with permission)
5.3 Portfolio Use
We may showcase your website in our portfolio, case studies, and marketing materials. You can request removal at any time by emailinghello@trailheadmade.com.
5.4 Third-Party Assets
Stock photos, fonts, or other third-party assets remain property of their respective owners and are subject to their license terms.
6. Warranties & Disclaimers
6.1 What We Guarantee
- Your website will be mobile-responsive and function across modern browsers (Chrome, Firefox, Safari, Edge)
- Your site will load quickly and meet industry-standard performance benchmarks
- We will deliver within 6 days if you provide content on Day 1
- Your site will be secure with SSL encryption
6.2 What We Don't Guarantee
- Search Engine Rankings: We provide baseline SEO setup but cannot guarantee specific rankings
- Traffic or Sales: Website performance depends on your marketing, content, and market conditions
- 100% Uptime: While rare, hosting providers may experience occasional downtime for maintenance or outages
- Compatibility with All Devices: We test on modern devices; legacy browsers (IE11, older mobile devices) may have limited support
6.3 Disclaimer
SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Our total liability for any claim arising from these Terms or our services shall not exceed the amount you paid us in the 12 months preceding the claim (or $750 USD, whichever is greater)
- We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill
- We are not responsible for losses caused by third-party services (hosting providers, payment processors, email services), though we will assist with resolving issues
- We are not liable for client-provided content that infringes third-party rights or violates laws
8. Indemnification
You agree to indemnify and hold harmless Crush Digital Atelier LLC, its officers, employees, and contractors from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your breach of these Terms
- Content you provide that infringes third-party intellectual property rights
- Your use of the website in violation of applicable laws
- Any misrepresentation of ownership or licensing of materials you provide
9. Acceptable Use Policy
You agree not to use our services to:
- Host or distribute illegal content, malware, or spam
- Infringe intellectual property rights of others
- Engage in fraudulent, deceptive, or misleading practices
- Violate privacy rights or applicable data protection laws
- Distribute hate speech, harassment, or harmful content
- Overload or disrupt our infrastructure
We reserve the right to suspend or terminate services immediately if we determine your use violates this policy.
10. Termination
10.1 By Client
You may cancel hosting services with 30 days' written notice. Build projects may be cancelled subject to our refund policy.
10.2 By Trailhead
We may terminate services immediately if:
- You breach these Terms or our Acceptable Use Policy
- Payment is 30+ days overdue
- We are required to do so by law or court order
- Continuing service would cause legal or reputational harm
10.3 Effect of Termination
Upon termination, we will provide you with your website files within 7 business days. After 30 days, we may permanently delete all files.
11. Dispute Resolution & Governing Law
11.1 Informal Resolution
Before pursuing formal legal action, you agree to contact us at hello@trailheadmade.com to seek informal resolution. We commit to working in good faith to resolve disputes within 30 days.
11.2 Governing Law
These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles.
11.3 Jurisdiction
Any legal action must be brought in the state or federal courts located in Wyoming, USA. You consent to personal jurisdiction in these courts.
11.4 Arbitration (Optional)
By mutual agreement, disputes may be resolved through binding arbitration under the American Arbitration Association rules.
12. General Provisions
12.1 Entire Agreement
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Crush Digital Atelier LLC regarding our services.
12.2 Severability
If any provision is found unenforceable, the remaining provisions remain in full effect.
12.3 No Waiver
Our failure to enforce any right or provision does not constitute a waiver of that right.
12.4 Assignment
You may not assign or transfer these Terms. We may assign our rights to any affiliate or successor.
12.5 Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control (natural disasters, pandemics, internet outages, etc.).
12.6 Changes to Terms
We may update these Terms from time to time. Material changes will be posted on our website with an updated "Last Updated" date. Continued use after changes constitutes acceptance.