LEGAL
Terms of Service
The general terms below govern every engagement. Some services carry additional terms, listed after the general terms. Where a service term conflicts with a general term, the general terms govern unless that service section states otherwise.
PART ONE
General terms.
These apply to all work, in every service category.
Hourly work outside a fixed project proposal is billed according to a tiered rate scale based on service type and complexity. Rates are provided in your proposal or contract before work begins. The client is notified before any work billed at a higher tier begins.
A 50% deposit is required to begin work on any approved proposal. This deposit confirms acceptance of the scope and terms and reserves the project in the production schedule. The remaining balance will be invoiced when the project is complete and approved. Online payment is accepted.
For fixed-scope projects, the remaining balance is invoiced upon completion and is due immediately. For ongoing or hourly work, invoices are issued either at the end of each month or after completion of the requested task. Payment may be made by check payable to MW Solutions or by electronic methods.
MW Solutions communicates primarily by email to maintain a clear project record. Calls and meetings are available but are not included in project estimates and are billed as additional work.
Scope, pricing, decisions, and work requests discussed by phone, video call, or in person are not actionable until confirmed in writing by the client. MW Solutions is not responsible for acting on anything raised only in a call or meeting.
Work outside the approved proposal is additional work, billed at the applicable hourly rate. Small items under five hours may be completed as they come up and itemized on the next invoice. For larger items, MW Solutions will notify the client in writing with an estimate before starting. When time can’t be estimated in advance, such as account recovery or troubleshooting an unknown issue, MW Solutions may set an initial time block for investigation and report back before continuing past it.
MW Solutions may use AI-assisted tools as part of the standard workflow for content, design, or code production. All work is reviewed and finalized by MW Solutions before delivery.
Engagements are scoped on information the client provides about their systems and environment. Undisclosed or inaccurate information that expands the scope is billed as additional work, regardless of intent.
If conditions found during the engagement make the original scope impractical, MW Solutions may decline to continue. The client owes for all work performed to that point, and MW Solutions is not responsible for system conditions resulting from information not disclosed at the outset.
If a project is paused while MW Solutions awaits information, content, or approval from the client, and the client does not respond for 90 days, the project is considered abandoned. Any deposit is forfeited and the engagement is closed. Work may resume only under a new proposal and deposit.
This agreement may be ended by either party with at least 7 days’ written notice. If terminated before a project is complete, MW Solutions will bill for all work performed through the date of termination. All outstanding invoices must be paid in full before termination is finalized. Ownership of work product prior to full payment is governed by the Copyright & Ownership section above.
All work product, including code, design files, reports and content, remains the property of MW Solutions until final payment is received in full. Ownership transfers to the client upon receipt of final payment. Work product may not be used, published, or modified prior to full payment.
MW Solutions may update these Terms of Service at any time. The current version is always posted on the website and governs new work from the date it’s posted. For active projects, changes take effect once communicated to the client, and don’t apply retroactively to work already invoiced or completed.
part two
Additional terms by service
Four service categories carry terms in addition to the general terms above. Only the ones covering your engagement apply to you.
These terms apply to web design, development, hosting-related, and IT support engagements. This includes site builds, redesigns, maintenance, hosting, troubleshooting, plugin and theme management, and ongoing technical support. Where these terms conflict with MW Solutions’ general Terms of Service, the general terms govern unless a specific provision below states otherwise.
Time is billed for any work performed or communication related to the services provided. This includes but is not limited to: site updates, troubleshooting, design work, research, writing, calls, emails, technical support, system setup, documentation, and content organization.
Clients without a maintenance plan may purchase a $300 annual retainer, which includes 4 hours of support per calendar year. Retainer clients receive priority scheduling. Additional hours are billed according to a tiered rate scale based on service type and complexity. Unused time expires at year-end. Without a retainer, support is scheduled based on availability.
If any additional services or tools are required to complete the work, such as premium plugins, themes, licensed fonts, stock photography, or third-party software, these costs will be communicated in advance. The client will be responsible for reimbursing any approved expenses, which will be billed separately from the service hours.
MW Solutions provides website development, updates, and support only for sites hosted on the MW Solutions server account. This allows full access to the site and server, so issues can be resolved directly without relying on third-party support.
Hosting is billed annually in advance. Hosting fees are non-refundable, including partial years, if the client moves the site before the hosting term ends. Where migration to MW Solutions hosting is provided at no charge, it is provided on this basis.
MW Solutions believes clients should own and control every part of their online presence. The client owns their domain, website, content, and all connected accounts, including analytics, search, and email services. Client assets are never held as leverage, and access is never withheld. Hosting clients receive their own cPanel and WordPress administrator access and may download a backup or move their site to another provider at any time. New work created by MW Solutions transfers to the client under the Copyright & Ownership section.
These terms apply to any engagement scoped as a diagnostic, audit, or assessment, including but not limited to Website Tracking Diagnostic, Technical Investigation and Documentation, Disclosure Consistency Review, and Platform Configuration Review. Where these terms conflict with the general Terms of Service, these terms govern for diagnostic and assessment work.
Diagnostic and assessment work produces technical findings based on observed behavior. MW Solutions does not provide legal conclusions and does not determine compliance with any law or regulation. Reports reflect the behavior observed on the date and under the method stated in the report. A report is not a guarantee of past, present, or future compliance.
Reports and supporting materials are confidential to the client and their legal counsel. If findings relate to an active or anticipated legal matter, MW Solutions provides technical findings only and does not serve as a retained or testifying expert. Raw capture data collected during an engagement is retained for [90] days after report delivery and then deleted. The client may request earlier deletion in writing.
By requesting a diagnostic or assessment engagement, the client represents that they have the authority to permit technical testing of the site or platform covered by the engagement, under MW Solutions’ standard diagnostic methods, including any testing that may involve submitting data through forms or checkout flows. Requesting the engagement constitutes agreement to pay for the work performed, whether or not a price estimate was provided in advance.
The invoice for a completed diagnostic or assessment deliverable is due upon delivery. The client’s agreement or disagreement with the report’s findings does not affect the payment due.
These terms apply to any engagement scoped as fractional CTO or ongoing technical leadership, including vendor management, platform strategy, and cross-system coordination on behalf of the client, in addition to the General Terms of Service above.
Fractional CTO engagements run on a monthly retainer or hourly basis, depending on the client’s needs and as set in the engagement agreement. Retainer terms, including hours and monthly fee, are set in the engagement agreement.
Within the scope of the retainer, MW Solutions may make technical decisions, including vendor selection, platform recommendations, and system configuration, without case-by-case approval. Decisions made within that scope are considered authorized by the client.
Fractional CTO work is advisory and coordinating in nature. Hands-on implementation, such as builds, migrations, or ongoing hosting, falls under the applicable service terms for that work and is billed separately unless the retainer explicitly includes it.
Hours included in the monthly retainer do not carry over to the following month. Work beyond the included hours is billed at the applicable rate. The retainer may be adjusted or ended with the notice period stated in the engagement agreement.
These terms apply to any engagement scoped as a systems integration, platform migration, or infrastructure consolidation, including moving a client between hosting providers, platforms, or vendors, and connecting or reconciling systems that were not previously integrated, in addition to the General Terms of Service above.
Where technical decisions are required to keep a migration or integration moving, such as DNS changes, account configuration, or platform switchover steps, MW Solutions may act within the scope of the engagement without requiring case-by-case approval
This work depends on third-party platforms, vendors, and infrastructure outside MW Solutions’ control. MW Solutions is not liable for data loss, downtime, or service interruption arising from third-party systems, and recommends the client maintain independent backups before any migration begins.
Where a migration or integration surfaces issues that predate the engagement, such as prior misconfiguration, compromised accounts, or undocumented legacy setups, remediation of those issues is additional work under the General Terms.
Where MW Solutions holds administrative access, credentials, or account ownership as part of an engagement, that access is transferred to a client-controlled account within 30 days of engagement completion or termination. MW Solutions is not obligated to retain ongoing administrative responsibility for an account after that window closes.
Questions about these terms?
If anything here is unclear, or you want to know which service terms apply to a specific engagement, ask before signing. The terms governing your work are also stated in your proposal or contract.
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