Last Updated: January 1, 2026
Welcome to By Design Media (“Company,” “we,” “us,” or “our”). By accessing our website, engaging our services, or working with us in any capacity, you agree to the following Terms & Conditions. Please read them carefully.
If you do not agree with these terms, please do not use our website or services.
1. Services
By Design Media provides digital marketing, website design and development, branding, automation, consulting, content creation, SEO, advertising support, and related services.
All services are outlined in written proposals, contracts, invoices, or agreements specific to each client. Those documents take precedence over this general Terms & Conditions page if any conflicts arise.
2. Client Responsibilities
Clients agree to:
- Provide timely access to necessary information, content, logins, and approvals
- Review deliverables promptly and provide consolidated feedback
- Ensure all materials supplied (text, images, logos, data) are owned by the client or properly licensed
Delays caused by missing information, late approvals, or scope changes may impact timelines and delivery dates.
3. Payments & Billing
- All invoices are due according to the terms stated on the invoice or proposal
- Setup fees, deposits, and monthly retainers are non-refundable unless otherwise stated in writing
- Late payments may result in paused services until the account is brought current
By Design Media reserves the right to charge late fees or suspend access to deliverables for overdue accounts.
4. No Guarantees
While we bring strategy, expertise, and best practices to every project, we do not guarantee specific results, including but not limited to:
- Search engine rankings
- Advertising performance
- Lead volume or sales outcomes
- Revenue growth
Results depend on many factors beyond our control, including market conditions, competition, budgets, and client participation.
5. Intellectual Property
Unless otherwise stated in writing:
- All original designs, content, strategies, and materials created by By Design Media remain our intellectual property until full payment is received
- Upon full payment, clients receive a license to use final deliverables for their intended purpose
By Design Media retains the right to showcase completed work in portfolios, case studies, social media, and marketing materials unless otherwise agreed in writing.
6. Revisions & Scope
Each project includes a defined scope of work.
- Requests outside the agreed scope may require additional fees
- Excessive revisions, new features, or major direction changes may result in a revised timeline or proposal
We believe in clarity, not scope creep.
7. Third-Party Tools & Platforms
By Design Media may recommend or integrate third-party tools, software, plugins, platforms, or services.
We are not responsible for:
- Third-party outages or changes
- Pricing changes from outside vendors
- Platform updates that affect functionality
Clients are responsible for ongoing third-party subscription fees unless otherwise stated.
8. Termination
Either party may terminate services according to the terms outlined in the project agreement.
Upon termination:
- All outstanding invoices become immediately due
- Work completed up to the termination date will be billed accordingly
- Access to files, platforms, or accounts may be revoked until payment is resolved
9. Limitation of Liability
By Design Media will not be liable for:
- Indirect, incidental, or consequential damages
- Loss of profits, data, or business opportunities
- Issues caused by hosting providers, platforms, or third-party tools
Our liability is limited to the amount paid by the client for the services rendered.
10. Confidentiality
Both parties agree to keep confidential information private unless disclosure is required by law or explicitly authorized in writing.
11. Governing Law
These Terms & Conditions are governed by the laws of the State of Missouri, without regard to conflict of law principles.
12. Changes to These Terms
By Design Media reserves the right to update or modify these Terms & Conditions at any time. Updates will be reflected on this page with a revised “Last Updated” date.
Continued use of our website or services constitutes acceptance of any changes.
13. Contact Information
For questions regarding these Terms & Conditions, please contact:
By Design Media
📧 info@bydesignmedia.org
🌐 bydesignmedia.org
