Professional Services Terms
Last updated: October 27th, 2026
These terms cover design, migration, SEO, bookkeeping, managed IT, and software development work (“Professional Services”) that we perform for you. They are part of our Terms of Service, and where they conflict with those Terms on the subject of Professional Services, these terms control.
1. Scope
We perform the work described in the quote, proposal, or statement of work we send you and you accept (the “SOW”). Anything not in the SOW is out of scope. If you ask for something outside it, we will tell you it is a change and give you a price before doing it.
Written estimates of hours or duration are estimates, not commitments, unless the SOW says a fixed price and a fixed delivery date.
2. Your responsibilities
To do the work, we need from you:
- a single point of contact who can approve work and answer questions;
- timely access to the systems, accounts, credentials, and content the work requires;
- timely review and feedback — we allow 5 business days per review round unless the SOW says otherwise;
- confirmation that you have the rights to any content, images, fonts, and data you give us;
- for regulated work, the facts we need to describe it accurately.
If a delay on your side pushes the work past a scheduled date, we will reschedule it and may charge for the reserved time. We will tell you before we do.
3. Acceptance
When we deliver, you have 10 business days to accept the work or tell us in writing what does not meet the SOW. If you tell us, we fix it at no charge. If you neither accept nor object in that window, the work is deemed accepted. Using the deliverable in production counts as acceptance.
4. Changes
A change to the SOW — new pages, new integrations, a new feature, a different design direction after sign-off — is handled by a written change order with a price and a new date. We do not do unpaid scope expansion, and we will not silently bill for it either.
5. Payment
Unless the SOW says otherwise: 50% on acceptance of the SOW and 50% on delivery, or on milestones for larger projects. Deposits are non-refundable once work has started, because they reserve capacity. Hourly work is billed in 15-minute increments against a prepaid block. Unpaid invoices over 30 days may pause the work.
6. Ownership of what we make
On final payment, you own the deliverables we created for you: the design files, the site, the custom code, and the documentation. We keep ownership of our pre-existing tools, libraries, and internal frameworks, and we grant you a perpetual, non-exclusive, royalty-free licence to use them as part of the deliverable.
Third-party assets — fonts, stock images, plugins, themes, and open-source libraries — remain licensed by their owners, and you are responsible for the licence fees and terms that apply to them. We will tell you which ones the deliverable uses and what they cost to keep.
We will not use your name, logo, or the deliverable in our portfolio without your written permission, and you can withdraw that permission at any time. Section 19 of the Terms of Service applies.
7. No guarantee of business results
We do not guarantee search rankings, traffic, revenue, conversion rates, or any other business outcome. Search engines change their algorithms, competitors act, and markets move. What we commit to is the work in the SOW and the standard of care in section 8. Where we advertise search engine optimization, we are selling work, not a position.
We will not use hidden text, cloaking, link schemes, or any technique that breaches a search engine's published guidelines, and we will tell you if a request you make would.
8. Standard of care and warranty
We will perform the work with the skill and care of a competent professional doing similar work. We warrant that the deliverable will substantially conform to the SOW for 30 days after acceptance. Your remedy is that we re-perform the non-conforming work at no charge, or, if we cannot, we refund what you paid for that part of the work. This is your only remedy for a breach of this warranty, to the extent the law allows.
9. Regulated professional work
Bookkeeping and accounting. We are not a CPA firm and we do not provide attest services, audits, or tax opinions. Bookkeeping work is limited to recording transactions you give us and reconciling accounts. You remain responsible for your financial statements and your tax filings. If you need an audit, a review, or tax advice, engage a licensed practitioner. If we refer you to one, we are not responsible for their work.
Managed IT. We will administer the systems in the SOW. We are not responsible for software we do not manage, for hardware you own, or for a loss caused by a change you make outside the scope. We will tell you when a request is outside our management scope.
Legal, medical, and financial content. If you ask us to write content in a regulated area, we will write it as research and education, and you are responsible for having it reviewed before publication.
10. Software development
Delivered software is delivered as described in the SOW. Unless the SOW includes a maintenance agreement, we are not obligated to patch it after acceptance. We will tell you at delivery what a maintenance agreement would cover and what it would cost. If we build something that depends on a third-party API, that API's availability and pricing are outside our control.
11. Electronic signatures
If you use our hosted e-signature service, you are the party obtaining the signatures. You are responsible for obtaining the consents the ESIGN Act and UETA require, for the content you send, for the identity of your signers, and for retaining your completed records. We provide the tool and the audit trail; we do not provide legal advice on whether a particular document may be signed electronically.
12. Data migration
We will migrate what the SOW lists. We test a migration before cutover and we ask you to check the result before DNS is switched. We are not responsible for data that the source system cannot export, for content you did not tell us about, or for a loss caused by a source system that is already broken. We keep a copy of the migrated data for 30 days after cutover, then delete it.
13. Third-party dependencies
Where the work depends on a third party — a registrar, an API provider, a payment gateway, a theme vendor — their terms, pricing, and availability are outside our control. We are not liable for their change, failure, or price increase, but we will tell you when one happens and what the options are.
14. Term, termination, and liability
Either of us may terminate an SOW for convenience on 14 days' written notice. You pay for work performed and for non-cancellable commitments made up to the termination date. If you terminate for our uncured material breach, you pay only for conforming work delivered.
Our liability for Professional Services is subject to section 26 of the Terms of Service. Where the SOW states a different cap, the SOW controls.
15. Questions
Email support@lasthourhosting.org.