Terms and Conditions
Last Updated: October 18, 2024
Welcome to MistAndMotionDesign.Com (the “Site”). By accessing or using our website and services, you agree to comply with and be bound by the following Terms and Conditions (“Terms”). Please read these Terms carefully before using the Site. If you do not agree with any part of these Terms, please do not use the Site or services.
1. Acceptance of Terms
By visiting the Site, engaging with our content, or purchasing our services, you agree to be bound by these Terms, including any additional terms, conditions, and policies referenced herein or made available by hyperlink. These Terms apply to all users of the Site.
2. Services Provided
Mist and Motion Design (“Designer,” “we,” or “us”) provides custom web design and development services, including but not limited to template customization, full website builds, and maintenance services (“Services”). The scope of the services will be outlined in a separate proposal or agreement specific to each project.
3. Client Responsibilities
      • Content Provision: The Client agrees to provide all necessary content, such as text, images, and any other materials                         required for the project, in a timely manner. Delays in providing content may result in a delay in project completion.
     • Timely Communication: The Client agrees to communicate promptly with the Designer regarding feedback, requests for              revisions, or approval of design elements. Prolonged periods of non-communication may result in project delays or                          termination.
4. Payment Terms
     • Invoices: All invoices must be paid within 7 days of the invoice date unless otherwise agreed upon in writing.
     • Project Deposits: For larger projects, the Designer may require a deposit before work begins. Failure to pay the deposit
       may result in a delay or cancellation of the project.
5. Revisions and Approval
      • Revisions: The Designer will provide 5 rounds of revisions as part of the design process. Additional revisions beyond this               may incur extra fees, which will be agreed upon in advance.
      • Approval: Once the Client approves the design, any further changes may be subject to additional costs. The Designer will              not be responsible for errors or issues in the design that are discovered after approval has been given.
6. Intellectual Property
       • Designer’s Rights: All intellectual property, including but not limited to code, design elements, graphics, and other m                       deliverables, created during the course of the project remain the property of the Designer. Upon full payment, the Client               receives a non-exclusive license to use the completed website for business purposes.
       • Designer’s Use: The Designer retains the right to use the website or design elements in portfolios, marketing materials,                 and other promotional content unless otherwise agreed in writing.
7. Cancellations and Refunds
      • Client-Initiated Cancellations: If the Client cancels the project after work has begun, the Client is responsible for paying
         for all completed work up to the point of cancellation.
      • Designer-Initiated Cancellations: The Designer reserves the right to cancel the project in the event of non-payment, lack             of communication, or any other breach of these Terms. In such cases, the Client will be invoiced for all completed work up           to the date of cancellation.
8. Website Maintenance and Support
      • Post-Launch Support: After the website is launched, the Designer may provide post-launch support as agreed upon in a              maintenance package or as outlined in the project agreement. Any additional support services outside of the agreed-upon scope may incur additional charges.
       • Third-Party Tools: The Designer may integrate third-party tools or plugins as part of the website build. The Client agrees              that the use of such third-party tools is governed by the respective providers' terms and that the Designer is not                                responsible for the functionality or ongoing updates of these tools.
9. Limitation of Liability
       • The Designer is not liable for any direct, indirect, incidental, or consequential damages arising from the use of the Site or              the Services.
       • The Designer is not responsible for any downtime, errors, or performance issues resulting from third-party hosting                           providers, internet failures, or the actions of third-party developers or service providers.
10. Confidentiality
Both parties agree to keep any confidential information shared during the course of the project private and not disclose it to third parties without written consent. This includes, but is not limited to, business strategies, client lists, and project details.
11. Use of the Site
        • Prohibited Uses: You may not use the Site to engage in any unlawful activity, send spam, or attempt to harm or interfere                with the Site or its users in any way.
        • Content: Any content shared with us or posted to the Site, such as testimonials, comments, or reviews, may be used by                 us for promotional purposes.
12. Privacy
Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data. Please refer to our Privacy Policy for more details.
13. Governing Law
These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law principles.
14. Changes to the Terms
We reserve the right to update or modify these Terms at any time. Any changes will be posted on this page, and the “Last Updated” date will be revised accordingly. It is your responsibility to review these Terms periodically.
15. Contact Information
If you have any questions about these Terms or the services provided, please contact us at:

Mist and Motion Design
Chelsea.Moodie20@gmail.com
209-810-1525