TERM 13These Terms of Service apply to work performed by Term 13, LLC. The scope, deliverables, schedule, and payment terms in your accepted proposal govern your project.
1. Scope of work
Term 13 is responsible for the work described in the accepted proposal. Both parties must agree to changes in scope. Additional work may require a separate proposal or invoice.
2. Client responsibilities
The client is responsible for its business operations, decisions, compliance obligations, and the data it maintains or supplies. Term 13 may help with planning and implementation, while the client remains responsible for how the work is used and for the resulting business decisions.
3. Ownership of the work
Term 13 retains ownership of the work it creates for a project until it receives full payment for that work. A deposit or installment leaves ownership with Term 13 until the remaining balance is paid. For example, if the client pays half upfront, Term 13 still owns the work until the client pays the other half.
Once the project is paid in full, ownership of the custom deliverables transfers to the client, subject to any different written terms in the accepted proposal. Existing client materials remain the client’s property. Third-party software, services, and other licensed materials remain subject to their own licenses.
4. Attribution and references
Term 13 may identify the client and reference the project in its portfolio or marketing unless the parties agree otherwise, including in a confidentiality agreement.
5. Termination and files
Either party may end the engagement with 30 days’ written notice, including by email, subject to the accepted proposal and either party’s rights in the event of nonperformance. Repeated late payment may lead to suspension or immediate termination. If the client cancels after discovery and production has begun, the deposit is forfeited. Before discovery is complete, Term 13 may issue a partial or full refund at its discretion.
The client is responsible for retaining copies of files delivered to it. At the end of the engagement, Term 13 will provide the project files the client is entitled to receive. Term 13 may remove its working copies after handoff and does not provide long-term backup or archival services.
6. Payment for services
Payment is due on the schedule in the accepted proposal or invoice. If no schedule is stated, payment is due within 15 days of the invoice date. Pay online through Stripe where available or mail a check payable to Term 13, LLC. Include the invoice number with your check.
Term 13, LLC3414 Apple Valley Drive
Dallas, TX 75234
Term 13 may assess late charges of 2% per month on overdue balances, subject to applicable law. If services are suspended after 30 days’ written notice, a reinstatement charge of up to 5% of the project value may apply. After 90 days past due, Term 13 may refer the balance for collection or suspend access to unpaid work it controls. Access suspended for nonpayment may be restored when the account is brought current. Term 13 may withdraw an invoice and dispose of unpaid work it still owns after repeated collection attempts.
7. Service standards and warranties
Term 13 will perform the work professionally and with commercially reasonable care. Services and deliverables are provided as is, to the extent permitted by law. Term 13 does not guarantee uninterrupted or error-free operation, including where the work depends on third-party services.
8. Limitation of liability
To the extent permitted by law, and except for gross negligence or intentional misconduct, Term 13’s liability is limited to the amount paid for the most recent three months of active services. Term 13 and its partners are not liable for lost profits or indirect, special, consequential, exemplary, or punitive damages, including losses attributable to third-party products or services.
9. Indemnification
Subject to these Terms, the client agrees to defend and indemnify Term 13 and its partners against third-party claims arising from the engagement. Term 13 agrees to defend and indemnify the client against third-party claims arising from Term 13’s gross negligence or intentional misconduct.
10. Review and approval
Term 13 is responsible for quality during development. The client or its authorized reviewer is responsible for reviewing deliverables before approval. Changes requested after approval may require a change order and additional fees.
11. Attorney fees and venue
In a proceeding to enforce this agreement, the prevailing party may recover its attorney fees and litigation costs, including expert witness fees. This provision survives judgment. The parties agree to jurisdiction and venue in Texas.
12. Privacy and contact
Term 13 uses client information to deliver services, manage accounts, and process payments. Payment card details go directly to Stripe. Term 13 does not store card numbers or security codes. For questions about these Terms, contact Term 13.