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Terms of Service

  1. Agreement to Terms
    These Terms of Service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and AF Mello Solutions Inc., a New York State corporation, doing business as AFM Digital Studio (“AFM Digital Studio,” “we,” “us,” or “our”), concerning your access to and use of the afmdigitalstudio.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”) and our services.
    You agree that by accessing the Site and/or our services, you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND OUR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

  1. Services
    AFM Digital Studio provides web design, web development, website management, and other related digital services as outlined on our Site and in specific project proposals or client agreements (“Services”). All service specifics, scope, deliverables, and fees for a particular project will be detailed in a separate Project Proposal and/or Client Agreement, which will supersede these general Terms where applicable.

 

  1. Intellectual Property Rights
    Unless otherwise indicated (e.g., client-provided content or specific terms in a Client Agreement), the Site and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.
    For Services provided to you, intellectual property rights for the final, delivered work product will be governed by the specific Client Agreement between you and AFM Digital Studio.

 

  1. User Representations
    By using the Site or our Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you will not use the Site or Services for any illegal or unauthorized purpose; and (5) your use of the Site or Services will not violate any applicable law or regulation.

 

  1. Prohibited Activities
    You may not access or use the Site or Services for any purpose other than that for which we make the Site and Services available. The Site and Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
    (List common prohibited activities: e.g., systematic retrieval of data, tricking/defrauding, disparaging, harassing, unauthorized use of Content, uploading viruses, etc. Many standard templates have extensive lists here.)

 

  1. Client Responsibilities (General)
    If you engage our Services, you agree to provide timely information, content, feedback, and approvals as necessary for us to perform the Services. Detailed client responsibilities will be outlined in individual Client Agreements.

 

  1. Payments & Fees
    Specific fees for Services will be outlined in Project Proposals and Client Agreements. All payments are due as specified. We reserve the right to suspend or terminate services for non-payment. (Refer to specific payment terms from your proposal/contract templates for details on deposits, final payments, late fees etc.)

 

  1. Term and Termination
    These Terms shall remain in full force and effect while you use the Site or our Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND OUR SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON.
    Specific termination clauses for service engagements will be detailed in individual Client Agreements.

 

  1. Modifications and Interruptions
    We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of our Services without notice at any time.
    We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or our Services.
    We cannot guarantee the Site and our Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

 

  1. Governing Law
    These Terms and your use of the Site and Services are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.

 

  1. Disclaimer
    THE SITE AND OUR SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND OUR SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

 

  1. Limitation of Liability
    IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING (OR IF NO AMOUNTS PAID, THEN $50.00).

 

  1. Indemnification
    You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site or Services with whom you connected via the Site.

 

  1. Miscellaneous
    These Terms and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

 

  1. Contact Us
    In order to resolve a complaint regarding the Site or our Services or to receive further information regarding use of the Site or our Services, please contact us at:
    AF Mello Solutions Inc. DBA AFM Digital Studio
    afmdigitalstudio@gmail.com

Last Updated: [05/2025]