Terms of Service
These terms cover using this website and our services. The specific scope and price of any project live in the separate agreement you sign, which controls if anything here conflicts with it.
1. Agreement to these terms
These Terms are a binding agreement between you and AF Mello Solutions Inc., a New York corporation doing business as AFM Digital Studio ("AFM," "we," "us," "our"), covering your use of afmdigitalstudio.com (the "Site") and our services. By using the Site or our services, you agree to these Terms. If you do not agree, do not use them.
2. Our services
AFM builds and runs websites, phone answering, review management, and custom software for local businesses. The scope, deliverables, and fees for any engagement are set out in a separate Website Care Plan Agreement or project proposal, which controls where it conflicts with these Terms.
3. Plans, fees, and cancellation
- Website plans start at $0 down with a monthly care fee, currently $179 per month, billed through Stripe on a three-month minimum, with an option to buy the site out.
- Before you are ever charged, we disclose the recurring amount and you consent to it. We do not bill you until you have approved the work and signed the agreement.
- You can cancel a monthly plan at any time after any minimum term, and cancelling is as easy as signing up. What happens to your live site on cancellation versus buyout is spelled out in your agreement.
- Fees are billed in advance for each period and are non-refundable except as the law requires or your agreement states.
4. What you provide
If you engage our services, you agree to give us the information, content, feedback, and approvals we need, in good time.
5. Accuracy of the content you give us
You represent and warrant that all facts, credentials, testimonials, awards, media mentions, and other claims you supply to AFM for use on your site, whether or not the surrounding copy is written by AFM, are true, accurate, and can be substantiated on request. When you approve a draft, you are certifying that the factual claims in it are accurate. Our role in writing or arranging claims you supply does not make us responsible for their accuracy. You agree to indemnify and hold AFM harmless from any claim or regulatory action, including false advertising, deceptive trade practices, defamation, or FTC endorsement claims, arising from claims, testimonials, or third-party mentions you supplied or approved.
6. Acceptable use
You may use the Site only for its intended purpose. You agree not to scrape or systematically harvest it, use it to defraud, harass, or mislead, upload malicious code, infringe anyone's intellectual property, or try to gain unauthorized access to our systems. We may deny access to anyone who does.
7. Intellectual property
The Site, its design, code, text, graphics, and marks are owned by or licensed to us. Ownership of the work we deliver to you is governed by your agreement: what you own during the plan versus after a buyout, and how source files are handed over, are set there.
8. Accessibility
We build to reasonable modern web standards. Unless your agreement specifically includes an accessibility conformance package, we do not warrant that a site meets any particular WCAG or ADA conformance level. If that matters to you, ask us and we will scope it.
9. Copyright and DMCA
We respect intellectual property rights. If you believe content on a site we host infringes your copyright, send a notice with the required detail to hello@afmdigitalstudio.com and we will respond under the DMCA notice-and-takedown process.
10. Disclaimer
The Site and services are provided "as is" and "as available." To the fullest extent allowed by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, and we do not warrant that the Site will be uninterrupted or error-free.
11. Limitation of liability
To the fullest extent allowed by law, we will not be liable for indirect, incidental, consequential, or punitive damages. Our total liability for any claim will not exceed the amount you paid us in the six months before the claim arose, or $50 if you paid nothing.
12. Indemnification
You agree to defend, indemnify, and hold AFM harmless from claims arising out of your use of the services, your breach of these Terms, your violation of any law or third-party right, or the accuracy of content you supplied or approved.
13. Governing law
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules.
14. Changes and miscellaneous
We may change these Terms and will update the date above. If any part is unenforceable, the rest still applies. These Terms, together with any agreement you sign, are the entire agreement between us.
15. Contact
AF Mello Solutions Inc. DBA AFM Digital Studio, Long Island, NY. Email hello@afmdigitalstudio.com.