Legal
Website Design, Development, Hosting & Digital Services
Effective Date: September 5, 2026
Last Updated: September 5, 2026
Governing Law: Commonwealth of Kentucky
These Terms of Service are an agreement between Basirah Designs and you. By purchasing, requesting, accepting, or using our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
These Terms of Service (“Terms”) are an agreement between Basirah Designs (“Basirah,” “we,” “us,” or “our”) and the individual or business purchasing, requesting, accepting, or using our services (“Client,” “you,” or “your”).
These Terms apply to website design, website development, hosting, maintenance, support, consulting, and other services provided by Basirah Designs unless a written proposal, statement of work, or other agreement (“SOW”) specifically states otherwise.
You agree to these Terms when you:
If you accept these Terms on behalf of a business or organization, you represent that you have authority to do so.
A project proposal, order form, onboarding agreement, or SOW may contain project-specific information including pricing, pages, features, deadlines, revisions, hosting, maintenance, and other Services.
If an SOW conflicts with these Terms, the SOW controls only with respect to the specific project details it addresses.
In these Terms:
Basirah will provide only the Services specifically included in the applicable proposal or SOW. Anything not expressly included may be treated as additional work. This can include, for example:
Unless the SOW requires a particular technology or implementation, Basirah may choose commercially reasonable tools, platforms, technologies, design methods, development methods, and workflows.
If project requirements materially change after work begins, Basirah may adjust the project price, timeline, or scope.
Basirah will generally communicate material changes before performing substantial additional work.
A demonstration, mockup, prototype, sample website, or discussion does not automatically become part of the final Deliverables unless included in the SOW.
The Client is responsible for providing accurate and complete information reasonably necessary to perform the Services. This may include:
The Client is responsible for reviewing and approving information appearing on the website. The Client remains responsible for the accuracy of:
The Client represents that it has the necessary rights or permission to provide Basirah with Client Content and to authorize Basirah to use that material as necessary to perform the Services.
The Client is responsible for obtaining appropriate permission for photographs, logos, trademarks, written content, customer testimonials, and other third-party material it provides.
The Client is responsible for reviewing the website before approving it for launch.
Client approval means that the Client has had a reasonable opportunity to review the applicable Deliverables.
Project timelines are estimates unless the applicable SOW expressly identifies a deadline as guaranteed.
Basirah’s timeline depends on receiving information, approvals, feedback, payments, access, and other materials from the Client.
If the Client delays the project, the expected completion date may be moved accordingly.
If the Client does not provide required information, feedback, approval, access, or payment for an extended period, Basirah may pause the project.
If a project remains inactive for 30 consecutive days after Basirah has notified the Client of the outstanding requirements, Basirah may consider the project abandoned.
Before restarting an abandoned project, Basirah may require updated information, revised pricing, and a restart fee if disclosed to the Client.
The number of included revision rounds will be stated in the applicable SOW.
Standard included revisions: two (2) rounds of revisions.
A revision round means one consolidated set of reasonable changes submitted by the Client.
Requests beyond the included revisions may be charged separately.
The following may constitute additional work:
Basirah will communicate additional charges before performing substantial additional work.
The Client agrees to pay the fees stated in the applicable SOW or proposal.
All prices are in U.S. dollars unless otherwise stated.
If a project includes a one-time website build, setup, or development fee, that fee is due according to the payment schedule stated in the applicable SOW.
Standard payment structure: a one-time build fee of $1,000.00 USD covering the custom design and development of the website, plus a $59.00 USD per month recurring managed-service subscription covering hosting, security, SEO updates, up to 15 edits per month, and ongoing maintenance.
If the Client subscribes to a recurring service, the subscription will renew according to the billing period disclosed when the Client signs up.
Recurring Services may include hosting, maintenance, support, website management, or other services specifically described in the Client’s plan.
Payments may be processed through third-party payment providers.
Basirah does not directly store full payment-card numbers when payment is processed through its payment provider.
The Client may also be subject to the payment provider’s terms and policies.
The Client is responsible for applicable taxes associated with the purchase of Services, except taxes imposed directly on Basirah’s net income.
If a payment fails or becomes overdue, Basirah may suspend applicable Services after providing reasonable notice.
A Client may cancel a recurring subscription according to the cancellation method provided by Basirah.
Unless the applicable SOW or subscription terms state otherwise, cancellation takes effect at the end of the current paid billing period.
Basirah’s standard refund policy: Refunds are available only during the design phase of a Client’s project. If the Client is unhappy with the website or unable to proceed through the design phase, the Client may request a refund of payments made during that phase. Once the design phase is complete, all payments are non-refundable. Cancellation takes the website offline until payment resumes, and prolonged cancellation risks permanent deletion of the website.
No refund policy in these Terms overrides rights that cannot legally be waived.
Fees for Services already performed, completed work, third-party purchases, or other non-refundable costs may remain payable after cancellation to the extent permitted by law.
Clients should contact Basirah before initiating a payment dispute or chargeback so the issue can be investigated and resolved when possible.
A chargeback does not automatically eliminate a Client’s contractual payment obligations.
Basirah may suspend Services when reasonably necessary because of:
Either party may terminate a project or service for a material breach if the breach is not reasonably cured after written notice.
Recurring Services may be cancelled according to the applicable subscription or SOW terms.
Upon termination, the Client remains responsible for:
The Client retains ownership of Client Content.
The Client gives Basirah permission to use Client Content as reasonably necessary to design, develop, configure, host, maintain, and provide the Services.
Unless the SOW states otherwise, ownership of custom final Deliverables intended to be transferred to the Client will transfer after the Client has paid all amounts due for the applicable project.
Because Basirah Designs retains full ownership of the websites it builds, completed websites are licensed to the Client for use while the subscription remains active, rather than transferred for self-management.
Basirah retains ownership of its pre-existing and reusable materials, including:
If these materials are incorporated into a Deliverable, the Client receives the rights reasonably necessary to use the finished Deliverable as intended.
Third-party software, fonts, images, plugins, themes, APIs, and other materials remain subject to their respective licenses and terms.
Design concepts, drafts, rejected versions, internal working materials, and unused concepts do not automatically become Client-owned Deliverables.
Unless the Client and Basirah agree otherwise in writing, Basirah may identify the Client and display publicly available portions of a completed website in Basirah’s portfolio, website, case studies, or promotional materials.
Basirah will not intentionally publish confidential Client information as part of this portfolio use.
Basirah may use third-party technology and service providers to design, develop, configure, host, test, maintain, secure, or otherwise provide the Services.
These may include hosting providers, domain registrars, payment processors, software platforms, APIs, development tools, storage providers, and other technology providers.
Information and materials supplied by the Client may be processed through third-party technology used to provide the requested Services.
This may include business information, addresses, website content, logos, photographs, project requirements, and other materials supplied for the project.
Third-party services are subject to their own terms, privacy policies, availability, pricing, and technical limitations.
Basirah does not control third-party providers and cannot guarantee that third-party services will remain available or unchanged.
If a third-party provider changes, discontinues, restricts, or materially alters a service, Basirah may substitute another reasonable service or modify the affected implementation.
Additional work caused by a third-party change may be treated as additional scope when appropriate.
Whenever practical, domains, hosting accounts, business email accounts, payment accounts, and other important business accounts should be registered using Client-controlled information.
The Client is responsible for:
Hosting is included only when specifically stated in the applicable SOW or subscription plan.
The Client is responsible for third-party fees unless the SOW expressly states that Basirah will pay them. These may include:
The Client agrees to maintain appropriate account security, including strong passwords and multifactor authentication where available.
Website development does not automatically include unlimited post-launch maintenance or support.
Maintenance and support are provided only when included in a subscription, SOW, or separate agreement.
A maintenance plan covers only the tasks and limits described in that plan.
Unless expressly included, maintenance does not automatically include:
Basirah will use commercially reasonable security practices appropriate to the Services being provided.
However, no website, software, hosting environment, account, network, or transmission can be guaranteed to be completely secure.
Basirah does not guarantee that a website will never experience:
Website security depends on both Basirah and the Client.
The Client is responsible for protecting its own accounts, passwords, devices, employees, and third-party accounts.
Unless backup frequency and restoration services are expressly included in an SOW or subscription, the Client should maintain independent copies of important business information.
Use of the Basirah Designs website and processing of personal information are also governed by Basirah’s Privacy Policy.
When Basirah processes personal information on behalf of a Client as part of website services, the parties’ respective responsibilities depend on the nature of the processing and applicable law.
Additional data-processing terms may be required for certain projects.
The Client is responsible for determining the privacy and legal requirements applicable to its own business, including requirements concerning:
Clients should not submit passwords, payment-card numbers, Social Security numbers, government identification numbers, protected health information, or other highly sensitive information through ordinary project forms unless Basirah has specifically provided an appropriate method and agreed to handle that information.
Basirah does not automatically represent that a website is compliant with the Americans with Disabilities Act (“ADA”), WCAG, Section 508, or another accessibility standard unless the applicable SOW expressly identifies the standard, scope, testing method, and services being provided.
When accessibility work is included in a project, Basirah may use reasonable practices such as semantic structure, keyboard navigation, appropriate text alternatives, readable layouts, color-contrast considerations, and other accessibility techniques.
Automated accessibility testing and manual review can identify issues but cannot guarantee compatibility with every user, browser, assistive technology, third-party component, or future website change.
The Client is responsible for accessibility-related content and materials it supplies and for changes made after launch unless ongoing accessibility maintenance is specifically included.
If Basirah builds an e-commerce or payment-enabled website, the Client remains responsible for its own:
Payment processing may be provided by third-party payment processors.
The Client is responsible for complying with applicable processor terms and requirements.
Basirah does not guarantee that a payment processor will approve transactions, prevent fraud, prevent chargebacks, or remain available.
Unless expressly guaranteed in writing, Basirah does not guarantee:
Search engines, social platforms, advertising platforms, browsers, and other third-party services control their own algorithms, policies, rankings, and approval processes.
Those systems may change without notice.
The Client is responsible for ensuring that its business, products, services, advertising, content, and operations comply with applicable laws and regulations.
Basirah does not provide legal, tax, accounting, medical, financial, regulatory, or professional legal-compliance advice.
Website text supplied by Basirah should not be treated as a substitute for advice from a qualified professional.
Clients operating in regulated industries should notify Basirah before development begins so project requirements can be properly identified.
Before launch, the Client should review the website and test important functions including:
The Client may approve a website through written approval, launch authorization, payment associated with the completed milestone, or another reasonable form of acceptance.
Changes requested after approval may be treated as maintenance, revisions, or additional work depending on the circumstances and applicable SOW.
Basirah warrants that Services will be performed in a reasonably professional and workmanlike manner.
Unless an SOW states otherwise, the standard correction period is:
14 days following Go-Live.
During this period, the Client may notify Basirah of reproducible problems that materially fail to meet an express project requirement.
For a valid warranty issue, Basirah may, at its reasonable discretion:
The limited warranty does not cover issues caused by:
Except for any express warranties specifically stated in these Terms or an applicable SOW, the Services and Deliverables are provided on an “as available” basis to the maximum extent permitted by law.
Basirah does not guarantee that:
Nothing in these Terms excludes a warranty or right that cannot legally be excluded.
To the extent permitted by applicable law, the Client agrees to defend and indemnify Basirah Designs and its owners, personnel, and contractors against third-party claims arising directly from:
Basirah will not require indemnification for matters caused solely by Basirah’s own wrongful conduct to the extent prohibited by applicable law.
To the maximum extent permitted by law, Basirah Designs will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for losses such as lost profits, lost revenue, lost business opportunities, loss of goodwill, business interruption, or loss of data arising from the Services.
To the maximum extent permitted by law, Basirah’s total liability arising from a particular project will not exceed the amount the Client actually paid Basirah for the specific Services giving rise to the claim during the applicable period stated in the SOW, or, if no period is stated, the six months preceding the event giving rise to the claim.
Nothing in these Terms limits liability that cannot legally be limited or excluded.
Each party may receive non-public information belonging to the other party.
Confidential Information may include non-public business, financial, technical, security, customer, or project information.
Each party agrees to use Confidential Information only as reasonably necessary to perform or receive the Services and to protect it using reasonable care.
Information is not Confidential Information if it:
A party may disclose Confidential Information when required by law or legal process, subject to applicable notice requirements.
Basirah may use employees, contractors, consultants, technology providers, and other service providers to perform Services.
Basirah remains responsible for its contractual obligations under these Terms, but third-party services remain subject to the applicable provider’s terms and limitations.
Basirah will not be responsible for delays or failures caused by circumstances outside its reasonable control, including:
Payment obligations for Services already performed are not excused by such events.
Upon termination:
Additional migration, account-transfer, documentation, or transition work may be billed unless included in the SOW.
Before initiating formal legal proceedings concerning a dispute, the parties should first attempt in good faith to resolve the matter directly.
The party raising the dispute should provide written notice describing the issue and requested resolution.
Nothing in this section prevents either party from exercising rights that cannot legally be waived.
Disputes that the parties cannot resolve informally may be resolved through individual binding arbitration only if both parties agree in writing to arbitrate and identify the applicable rules, location, and fee allocation.
Nothing in this section prevents either party from bringing a claim in small claims court or exercising rights that cannot legally be waived.
These Terms are governed by the laws of the Commonwealth of Kentucky, except to the extent applicable law requires otherwise.
For matters properly brought in court, the parties agree that venue should be in a court with appropriate jurisdiction in Lexington, Kentucky.
Nothing in this section prevents a party from bringing an action in another location when required by applicable law.
Visitors may use the Basirah Designs website for lawful informational and business purposes.
Visitors may not intentionally:
Basirah Designs owns or licenses the content, branding, graphics, text, code, and other materials appearing on its website unless otherwise stated.
Visitors may not reproduce or commercially exploit those materials without permission, except where applicable law permits.
Basirah may provide links to third-party websites for convenience.
Basirah does not control those websites and is not responsible for their content, security, availability, or privacy practices.
If you believe material displayed on a Basirah-controlled website infringes your copyright or other intellectual-property rights, contact Basirah using the contact information below and provide enough information for the complaint to be investigated.
Basirah may remove or restrict access to material when appropriate.
Basirah is an independent contractor and is not the Client’s employee, partner, joint venturer, or agent.
Basirah may provide services to other clients, including businesses operating in similar industries, provided Basirah honors its confidentiality obligations.
Neither party may transfer this Agreement in a manner that materially increases the other party’s obligations without appropriate consent, except where permitted by law in connection with a merger, sale, or transfer of substantially all relevant business assets.
These Terms and any applicable SOW constitute the agreement between the parties concerning the Services and replace prior discussions concerning the same subject matter unless expressly incorporated.
Changes to an active project agreement should be made in writing or through another electronic method that reasonably demonstrates both parties’ agreement.
Basirah may update website visitor terms prospectively by posting an updated version.
If a provision is found unenforceable, the remaining provisions remain effective to the extent permitted by law.
Failure to enforce a provision does not constitute a permanent waiver of that provision.
These Terms generally create rights only between Basirah and the Client unless otherwise expressly stated.
Electronic records and electronic signatures may be used to establish acceptance of these Terms and related project agreements to the extent permitted by law.
The parties agree that electronic acceptance may satisfy applicable writing and signature requirements. Acceptance may occur through:
Basirah may retain records of acceptance, including the accepted Terms version, timestamp, account information, and other information reasonably necessary to document the agreement, subject to Basirah’s Privacy Policy and applicable law.
General and Legal Notices
Basirah Designs
Location: Lexington, Kentucky
Email: basirahdesigns@gmail.com
Phone: 859-447-5611
Project and Support Requests
Email: basirahdesigns@gmail.com
Privacy Requests
Email: basirahdesigns@gmail.com
Accepted Terms Version — Effective: September 5, 2026 · Last Updated: September 5, 2026
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