TERMS & CONDITIONS

Table of Contents

• Payments & Billing
• Cancellations & Project Holds
• Deliverables & Approvals
• Third-Party Services
• No Guarantees & Limited Warranty
• Limitation of Liability
• Chargeback & Dispute Policy
• Governing Law
• Updates to These Terms

Payments & Billing

Payment terms are defined in your invoice, proposal, or agreement. Unless otherwise stated, projects may require a deposit before work begins, with remaining balances due at agreed milestones or upon completion.

Late or unpaid invoices may result in project suspension, delayed delivery, or paused access to services until the account is brought current.

Cancellations & Project Holds

If a project is canceled after work has begun, fees for time already worked, delivered assets, and any third-party costs remain due and are non-refundable. If a project is placed on hold due to missing client materials or approvals, timelines may shift and rescheduling may be required.

Deliverables & Approvals

Deliverables may include design files, website builds, code, content, and related services. Client approvals confirm acceptance of work at each stage. After approval, significant revisions may require additional billed time.

Third-Party Services

Some projects rely on third-party services such as hosting providers, domain registrars, plugins, themes, payment processors, and software platforms. We are not responsible for third-party outages, policy changes, fees, or platform interruptions beyond our control.

No Guarantees & Limited Warranty

While we aim for strong performance and best practices, we do not guarantee specific outcomes such as rankings, revenue increases, or conversion rates. Any warranties, if offered, will be explicitly stated in writing.

Limitation of Liability

To the maximum extent permitted by law, 469 Design will not be liable for indirect, incidental, special, or consequential damages. Our total liability for any claim related to services rendered will not exceed the amount paid for the specific service giving rise to the claim.

Chargeback & Dispute Policy

This section explains how chargebacks and payment disputes are handled. A chargeback occurs when a customer disputes a charge directly with their bank or credit card issuer rather than working with us to resolve the concern.

Contact Us First

If you have any questions, believe a charge is incorrect, or are dissatisfied with services rendered, you agree to contact us first and allow a reasonable opportunity to resolve the issue before filing a chargeback.

• Notify us within 10 business days of the charge in question
• Provide your name, invoice number, payment date, and a clear description of the concern
• Allow time for investigation and resolution in good faith

Chargeback Fees & Recovery of Costs

If you initiate a chargeback, you acknowledge that our payment processor and financial institutions may assess fees and that time is required to gather records supporting the completed work (including invoices, contracts, project communications, and delivered assets).

If we successfully dispute and win the chargeback and the funds are returned to us, you agree to reimburse 469 Design for:

• All chargeback, processing, and dispute fees assessed by our processor or financial institutions
• Reasonable administrative and labor costs incurred in responding to the dispute
• Any legal, collection, or enforcement costs associated with recovering funds

Mediation, Venue, & Governing Law

Any mediation or legal proceeding related to a payment dispute or chargeback will take place in the State of Utah, in the county where 469 Design’s principal place of business is located, and will be governed by Utah law.

Before litigation, both parties agree to attempt good-faith mediation in Utah. Each party is responsible for its own costs unless otherwise determined by a mediator or court of competent jurisdiction.

Consumer Rights

Nothing in this section limits rights you may have under applicable federal or state law, including disputing unauthorized charges.

Governing Law

These Terms & Conditions are governed by the laws of the State of Utah.

Updates to These Terms

We may update these Terms & Conditions from time to time. The most current version will be posted on our website. Continued use of our services after updates constitutes acceptance of the revised terms.