Warstler Digital Solutions Logo

Terms of Service

Legal terms governing your use of our services.

Last Updated: February 5, 2026

1. Acceptance of Terms

By using Warstler Digital Solutions' website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services. We reserve the right to modify these terms at any time. Your continued use of our services constitutes acceptance of modified terms.

2. Definition of Services

Warstler Digital Solutions provides the following services:

  • Web Design & Development: Custom website design, development, and deployment
  • IT Support & Consulting: Technical support, system administration, and IT consulting
  • Website Hosting & Maintenance: Website hosting, updates, and ongoing maintenance
  • Additional Services: Other services as mutually agreed upon in writing

3. Scope of Services

The scope of services will be defined in a written proposal or service agreement provided to you. All services shall be performed in a professional and workmanlike manner. Specific deliverables, timelines, and revision limits will be outlined in the service agreement.

4. Payment Terms

  • Invoicing: We will invoice you upon completion of project milestones or as agreed in the service agreement.
  • Payment Due: Payment is due within 30 days of invoice date unless otherwise specified.
  • Deposits: A deposit (typically 50%) may be required to begin work.
  • Late Payments: Accounts more than 15 days past due will accrue interest at 1.5% per month or the maximum rate allowed by Arkansas law.
  • Retainer Services: Monthly retainer work is billed on the first of each month for services performed the previous month.

5. Intellectual Property Rights

  • Client Content: You retain all intellectual property rights to content you provide (text, images, videos).
  • Website Code: Upon full payment, you receive ownership of custom code created for your project.
  • Design Templates & Frameworks: While we may use third-party themes, templates, or frameworks, these remain governed by their respective licenses. You may use these as permitted by their licenses.
  • Pre-Existing Work: We retain ownership of tools, processes, and methodologies developed prior to or independent of your project.
  • Portfolio Use: We retain the right to display your website as a portfolio sample (unless confidentiality is agreed upon in writing).

6. Liability Limitations

6.1 Disclaimer of Warranties

OUR 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. While we strive for excellence, we do not warrant that:

  • Services will meet your specific requirements
  • Services will be uninterrupted or error-free
  • Websites will rank highly in search engines
  • IT support will prevent all security breaches or data loss
  • Websites will remain operational 100% of the time (we target 99% uptime)

6.2 Limitation of Liability

IN NO EVENT SHALL WARSTLER DIGITAL SOLUTIONS BE LIABLE FOR:

  • Indirect, incidental, special, or consequential damages
  • Lost profits, lost revenue, or lost business opportunity
  • Loss of data or data corruption
  • Business interruption
  • Reputational harm

OUR TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES IN THE IMMEDIATELY PRECEDING 12 MONTHS. Some jurisdictions do not allow limitations of liability, so this limitation may not apply to you.

6.3 Client Responsibility

You are responsible for:

  • Maintaining regular backups of your website and data
  • Implementing and maintaining appropriate security measures
  • Providing accurate information and clear requirements
  • Providing necessary access and credentials when required
  • Reviewing work and providing timely feedback

7. Website Availability and Performance

  • Uptime Target: We target 99% uptime for websites hosted through our services, excluding scheduled maintenance.
  • Scheduled Maintenance: We may perform scheduled maintenance with 48-hour notice when possible.
  • SEO Disclaimer: We do not guarantee specific search engine rankings or traffic. SEO results depend on many factors beyond our control.
  • Third-Party Services: We are not responsible for downtime caused by third-party services (hosting providers, CDNs, payment processors).
  • No SLA: Unless a specific Service Level Agreement is provided, no guaranteed uptime commitment is made.

8. Data Security

We implement reasonable security measures to protect your data. However:

  • No method of transmission over the internet is 100% secure
  • We are not responsible for data loss due to client negligence or shared passwords
  • For IT support services, we have access to sensitive systems. You acknowledge this and trust our professional conduct.
  • We maintain confidentiality of client information except as required by law
  • If we become aware of a data breach, we will notify you promptly

9. Cancellation and Termination

  • Project Cancellation: If you cancel during a project, you are responsible for payment of all work completed to date plus any non-recoverable expenses.
  • Retainer Termination: Monthly retainers may be terminated with 30 days written notice.
  • Breach: We may terminate services if you breach these terms and fail to cure within 15 days of written notice.
  • Non-Payment: We may suspend services if payment is more than 30 days overdue.

10. Revision Limits

Unless otherwise specified in your service agreement:

  • Website projects typically include unlimited revisions during development
  • After project completion, additional revisions are billed separately at our hourly rate
  • Major redesigns or strategic changes are considered new projects

11. Third-Party Content and Tools

Our services may utilize third-party platforms, plugins, themes, or services (WordPress, Shopify, payment processors, etc.). You agree to comply with their terms of service. We are not responsible for changes to third-party services that may affect your website.

12. Client Representations and Warranties

You represent and warrant that:

  • You have the authority to enter into this agreement
  • All content you provide is original or licensed for your use
  • Content does not infringe on third-party intellectual property rights
  • Content complies with all applicable laws
  • You will not use our services for illegal purposes

13. Indemnification

You agree to indemnify and hold harmless Warstler Digital Solutions from any claims, damages, or costs (including legal fees) arising from:

  • Your use of our services
  • Violation of these terms
  • Content you provide that infringes intellectual property rights
  • Your use of our services for illegal purposes

14. Confidentiality

Both parties agree to maintain confidentiality of sensitive information shared during the service relationship. This includes business strategies, financial information, and technical details. Confidentiality obligations do not apply to information that is publicly available or independently developed.

15. Accessibility Statement

We are committed to creating accessible websites. However, accessibility depends partially on client-provided content and ongoing maintenance. We will build websites to WCAG 2.1 Level AA standards, but you are responsible for maintaining accessibility of your content after project completion.

16. Consumer Protection Compliance

We comply with the Arkansas Deceptive Trade Practices Act (Ark. Code Ann. ยง 4-88-101). We do not make false claims about services or qualifications. If you believe we have violated consumer protection laws, contact the Arkansas Attorney General's office.

17. No Professional Licenses Required

Warstler Digital Solutions provides web design, development, and IT support services. We are not licensed as attorneys, accountants, healthcare providers, or financial advisors. Our services do not substitute for professional services in these regulated fields.

18. Dispute Resolution

  • Informal Resolution: Before pursuing legal action, we encourage parties to discuss disputes informally.
  • Governing Law: These terms are governed by the laws of the State of Arkansas, without regard to conflict of law principles.
  • Jurisdiction: You consent to jurisdiction in the state and federal courts of Arkansas.

19. Contact for Legal Questions

If you have questions about these Terms of Service, please contact: