The agreement between you and CuddyBuilt when you use this site, hire the services, or rent a property in the network. Plain language where possible, formal language where it has to be.
These Terms of Service ("Terms") govern your use of cuddybuilt.com (the "Site") and the services provided by CuddyBuilt ("we," "us," or "I"). By using the Site or hiring any service, you agree to these Terms.
CuddyBuilt is operated as a sole proprietorship based in Modesto, California, doing business since 2006. The contact email is [email protected] and the phone number is 209.200.8273.
If you are entering into these Terms on behalf of a business or other organization, you represent that you have the authority to do so and to bind that organization to these Terms.
CuddyBuilt provides a range of services described on the Site, including but not limited to:
Specific services, deliverables, timelines, and pricing for any project will be defined in a written scope or proposal that supplements these Terms. Where the scope and these Terms conflict on project-specific matters, the scope governs.
Every project starts with a written scope or proposal that describes what will be built, what will be delivered, what the client provides, the timeline, and the price. The client and CuddyBuilt both agree to the scope before work begins.
Changes to scope (added features, restructured deliverables, expanded research) are handled via written change orders. Change orders document the new work, the price impact, and the timeline impact. No change order, no scope change.
Anything not described in the scope is out of scope. Out-of-scope work can be quoted separately, but is never assumed to be included in the original price.
Clients are responsible for providing assets, content, credentials, decisions, and feedback in a timely manner. Project timelines depend on client responsiveness. If a client becomes unresponsive for more than 30 days, the project may be paused, with restart subject to revised timing and a possible restart fee.
Project work generally requires a deposit before work begins (commonly 50 percent), with the remainder due on or before final delivery. Specific payment terms are defined in each scope.
Hosting, maintenance, SEO, and other recurring services are billed monthly in advance unless otherwise agreed in writing. Annual prepay is available with a discount on most recurring plans, also documented in writing.
Site rentals are billed annually in advance for the term of the lease. See the Rental Agreement for full terms specific to rentals.
Invoices are due within 14 days of issue unless otherwise stated. Late payments may incur a fee of 1.5 percent per month or the maximum allowed by law, whichever is lower. Services may be paused or suspended for accounts more than 30 days past due.
Project work refunds are governed by the specific scope. Generally, work already completed is not refundable, but work not yet started or delivered may be refunded on a pro-rata basis. Recurring service refunds are not provided for partial months. Site rental refunds are governed by the Rental Agreement.
Upon final payment, the client owns the final deliverables produced for them under a project scope: source code written specifically for the project, design files, documentation, and any work product that is the unique output of the engagement.
CuddyBuilt retains ownership of any pre-existing tools, libraries, frameworks, code patterns, or methodologies used in the project. The client receives a perpetual, non-exclusive license to use these as integrated into the deliverables.
Third-party libraries, fonts, plugins, themes, stock assets, and similar materials remain governed by their own licenses. Any required licenses are the client's responsibility unless explicitly included in the scope.
Rental properties remain owned by CuddyBuilt at all times. The renter receives no ownership interest in the rental site, its content, its rankings, or its domain. See the Rental Agreement for details.
CuddyBuilt may reference completed projects in portfolio, case study, and marketing materials, including showing screenshots and naming the client, unless the client requests otherwise in writing as part of the scope.
CuddyBuilt treats client information as confidential by default, regardless of whether a separate non-disclosure agreement is in place. Business plans, strategy documents, customer data, financial information, technical specifications, and any other information shared in the course of an engagement will not be disclosed to third parties without the client's permission, except as required by law.
Clients who want a separate signed NDA can request one. CuddyBuilt is generally willing to sign reasonable NDAs without modification.
This confidentiality obligation survives termination of any project or these Terms.
CuddyBuilt warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. For 30 days after final delivery of a project, CuddyBuilt will fix any defects in delivered work at no additional charge, provided the defect is not caused by client modifications, third-party changes, or out-of-scope use.
CuddyBuilt does not guarantee specific business outcomes such as search rankings, traffic levels, sales, or revenue. SEO, marketing, and similar work is performed using current best practices but final results depend on factors outside any vendor's control. Anyone offering "guaranteed first-page rankings" is selling something other than honest work.
The Site itself is provided "as is" without warranty of any kind. CuddyBuilt makes no warranty that the Site will be uninterrupted, error-free, or virus-free. Clients are responsible for their own backup procedures and security measures appropriate to their use case.
To the maximum extent permitted by law, CuddyBuilt disclaims all other warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by law, CuddyBuilt's total liability arising out of or related to these Terms, the Site, or any service provided shall not exceed the total amount paid by the client to CuddyBuilt in the twelve months preceding the claim.
In no event will CuddyBuilt be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenues, lost data, or business interruption, even if advised of the possibility of such damages.
Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to all clients.
Clients may terminate any engagement by written notice. Project work terminated mid-engagement is billable up to and including all work completed to the date of termination, plus any non-refundable third-party costs already incurred. Recurring services may be terminated with 30 days written notice.
CuddyBuilt may terminate any engagement immediately for material breach (including non-payment), illegal use, harassment, or any conduct that makes continued service unreasonable. CuddyBuilt may terminate non-essential services for any reason with 30 days written notice.
On termination, CuddyBuilt will deliver any work completed and paid for, and provide a reasonable transition period for hosting, domain transfers, and similar handoffs. Site rentals are governed by the Rental Agreement.
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
Any disputes will be resolved first through good-faith direct negotiation between the parties. If direct negotiation fails, disputes will be resolved through mediation in Stanislaus County, California, before resorting to litigation. If litigation is required, the parties consent to the exclusive jurisdiction of the state and federal courts located in Stanislaus County, California.
Each party will bear its own costs and attorneys' fees, except as may be awarded by a court of competent jurisdiction.
CuddyBuilt may update these Terms from time to time. Changes will be reflected by an updated "Last updated" date at the top of this page. For active clients, material changes will be communicated by email at least 30 days before they take effect.
Continued use of the Site or services after changes take effect constitutes acceptance of the updated Terms.
Questions about these Terms can be sent to [email protected] or by mail to:
CuddyBuilt
Modesto, California
(Mailing address provided on request)