Terms of Service
The following are the Terms of Service. By accepting service or support from us, you are bound to these terms. Unless otherwise stated, “Inception”, “Inception Web Designs”, “our”, and “we” refer to Inception Web Designs LLC. When “Client”, "they", “you”, or “your” is used it refers to those having purchased services from or are under contract with Inception Web Designs.
Maintenance Plans & Web Hosting
See our Maintenance Plan and Hosting Terms of Service page for more about these services' terms. Or learn more our Maintenance Plan features on the product page.
Search Engine Marketing Management
In addition to the general terms of service as detailed on this webpage, see our Search Engine Marketing (SEM) Management Terms of Service . This refers to the creation and management of online advertising platforms like Google Ads and Microsoft Advertising.
Right to Refuse Service
1.1 — Inception reserves the right to decline, discontinue, or refuse any request for services, including after a contract has been signed, if Inception reasonably determines that the requested work, project, content, imagery, messaging, business activity, or promotional purpose is unlawful, deceptive, hateful, discriminatory, harassing, sexually explicit, pornographic, graphically violent, obscene, exploitative, reputationally harmful, or otherwise inconsistent with Inception’s business standards, company image, religious beliefs, or personal convictions. Inception is not required to create, design, write, edit, publish, promote, or otherwise participate in expressive content that communicates, supports, advocates for, or promotes political, religious, or LGBTQIA+ messages, causes, events, organizations, publications, weddings, ceremonies, campaigns, or related subject matter. This section applies to the content, message, imagery, and purpose of the requested work, and not to the Client’s personal identity, status, or characteristics.
Payment Method & Late Fees
2.1 — All invoices and deposits must be paid online by credit card or ACH. Cash is not accepted. Checks are only accepted for project work over $2000.
2.2 — Any payment received after an invoice’s due date will be subject to a fee of $25 or 5% of the invoice, whichever is greater. However, there is no due date and therefore no late fees, when paying a project's deposit.
Cancelled Services & Refunds
3.1 — Any requested services not under contract can be cancelled without penalty, if no work has been performed yet. Any time Inception has spent on the project will be billed at a rate of $150 an hour for web design, SEO, graphic design, or web development that only involves developing custom HTML and CSS. This billable time includes time spent: communicating, providing a quote or contract, organizing staff, brainstorming, designing, revising, and any other actions where billable time was tracked. Development involving PHP, Javascript, SaaS features, API integration, web apps, mobile apps, and other programming languages and tasks may be billed at a rate of up to $200 an hour, based on the project's complexity, as determined by Inception.
3.2 — All billable work will be billed to the client, but will never exceed the work's originally quoted price. If requested, any design or development work that has already been completed will be turned over to the client after Inception's invoice has been paid.
3.3 — If the client does not want to cancel all work, but to only remove certain “features”, this can usually be accommodated. A “feature” may refer to a webpage, a section of a webpage, an additional function or WordPress plugin, a form, an image, custom coding, search engine optimization, search engine marketing, or any other asset, research, alteration or service that Inception provides. If that part of the project has not been designed or developed yet and will not affect the time needed to complete other aspects of the previously quoted work, then it can usually be deducted from the total price. If the feature that is requested to cancel is not listed individually in a quote, then Inception reserves the right to assign a monetary value to that feature based on the hourly rate and how many hours it is estimated to have needed to complete. However, if that part of the project has already been designed, developed, or its absence will have a negative impact on the time needed for other parts of the work, then a deduction will not be provided. If you have a signed contract, please see its terms on cancelled services and refunds.
Prepaid Retainers
4.1 — Prepaid retainers are billed on the 1st of each month and require autopay. Unused retainer hours only roll over for 1 month. If they are not used the month of the billed invoice or by the last business day of the subsequent month, then they expire and will not be credited to the client's account, nor can they be redeemed for a different service. For example, if 10 hours of services are purchased on the 1st of January as part of a prepaid retainer, then any hours not used by the last business day of February would be forfeited by the client.
4.2 — It is the client's responsibility to request services each month a retainer is paid. Inception Web Designs is not responsible to remind the client or perform work without client authorization.
4.3 — Inception Web Designs reserves the right to not allow retainer hours to be used for any services it classifies as "non-hourly" but that are billed at a flat-rate price. For example, retainer hours cannot be used for search engine marketing management, logo design, custom artwork or animations, programming, keyword research, maintenance plans, web hosting fees, project work (that requires a contract), project deposits, or other non-hourly services.
4.4 — Retainer work is performed during regular business hours, which excludes after-hours, weekends, and holidays. If rush services are requested during non-business hours, the retainer hours may be used to pay the base hourly rate, however, any rush delivery fees will apply (see the Rush Deliveries heading).
Invoice Autopay
5.1 — Most monthly services are automatically billed on the 1st of each new month, and prepays for that month. For example: web hosting, maintenance plans, Google Ads management, and monthly SEO services.
5.2 — Autopay is set up by checking the Authorize future payments option in the recurring invoice page or submitting our payment form. Autopay is required for all invoices that include any of the following: web hosting, a maintenance plan, search engine marketing management, link building, monthly SEO services, or a prepaid monthly retainer.
5.3 — Autopay is required to qualify for any discounts on services, such as the Maintenance Plan or other service discounts. Autopay may be via credit card or ACH (direct bank payment). Checks and cash are not accepted for monthly services.
5.4 — Services that are set up for autopay will not be refunded for any unused portion of the month. This is because services are not rendered evenly across the entire month, but performed mostly at the beginning of the month. To qualify for a full refund, the services automatically billed must have a request for refund submitted before the end of the day that the autopay was billed. If the autopay date falls on a weekend or holiday, then the request must be submitted by the end of the next business day.
5.5 — Inception Web Designs is not responsible for any credit card fees due to insufficient funds when the autopay processes. If a different payment method would like to be used, the request must be submitted through email at least 1 business day before the 1st of the month.
Rush Deliveries
6.1 — Work performed outside of regular business hours (after 6pm Monday-Friday, on weekends, or holidays) require an additional rush delivery fee. Depending on the size of the request, a deposit up to 40% may be required. Rush delivery fees are as follows:
- RUSH 2x (25% extra):
2 times faster. For example, a 2 week project timeline for a new website is now 1 week. Excludes weekends/holidays. - RUSH 3x (50% extra):
3 times faster. For example, a 2 week project timeline for a new website is now 3 days. Excludes weekends/holidays. - RUSH Ultimate (100% extra):
For work that must be completed over the weekend or a holiday.
Project Contracts
7.1 — If your project has a contract with us, then the contract's Terms of Service supersede any conflicting terms of service listed on this web page.
Textual Mistakes & Broken Links
8.1 — Before a website goes live, it is proofread and thoroughly tested. However, at times there may be a broken link or textual mistake. Any such mistakes will be corrected free of charge up to 60 days after the project is complete. After 60 days, a charge may apply for any textual or broken link corrections. A “broken link” would be a link that does not work or is misdirected. “Textual mistakes” would include misspelled words or typos.
No Guarantees
9.1 — Inception does not guarantee any specific business result, financial result, search engine ranking, website traffic level, lead volume, conversion rate, sales volume, advertising result, advertising approval, analytics result, email deliverability rate, website speed score, accessibility score, security score, or other performance outcome unless expressly stated in writing. Client understands that website performance, search engine rankings, advertising results, sales, leads, conversions, email delivery, and user behavior are affected by many factors outside of Inception’s control.
Promotional Credit and Portfolio
10.1 — Unless otherwise stated, all websites designed by Inception Web Designs will have a promotional credit at the bottom of the homepage that says “Website Designed by Inception Web Designs”, “Web Design by Inception Web Designs”, “Created by Inception Web Designs,” “Powered by Inception Web Designs”, or another similarly worded statement along with a link to inceptionwebdesigns.com. The website may also be listed in Inception’s portfolio, whether on printed media, inceptionwebdesigns.com, or Inception’s social media accounts.
10.2 — The promotional credit and portfolio listing can be declined by purchasing one of Inception’s White Label packages. The White Label Standard Package removes the promotional statement for a fee of $100 or 2% of the invoice, whichever is greater. The White Label Premium Package removes the promotional statement and the portfolio listing across all mediums and platforms, and is $250 or 5% of the invoice, whichever is greater.
Third-Party Software, Accounts and Access
11.1 — WordPress, the WordPress theme, and any plugins that are used to build Client’s website are developed by their respective developers. Therefore, Inception is not responsible for any software bugs or functional limitations that they may have. If such technical issues are discovered, Inception will attempt to design a solution that works around these issues. However, some issues may be dependent on the developer releasing a fix or update.
11.2 — WordPress has the ability to update its version, theme, and plugins. Typically, these updates are beneficial and patch security or compatibility issues. At times, though, an update could cause a conflict with the functionality of Client’s website. Inception is not liable for any issues that occur from an update after the project’s completion, whether automatic or performed by Client or Inception staff. If Client has an active Maintenance Plan, Inception will address update-related issues according to the terms of that Maintenance Plan.
11.3 — Unless expressly stated in the Project work section or an active Maintenance Plan, Client is responsible for maintaining ownership, access, billing, and account security for all third-party accounts connected to the project, including but not limited to domain registrars, DNS providers, web hosting, email services, payment processors, analytics platforms, advertising platforms and API providers. Inception is not responsible for loss of access, account suspension, billing disputes, policy violations, disabled accounts, platform restrictions, or other issues involving third-party accounts.
Ownership, Copyright and Licensing
12.1 — Client owns the final custom content, graphics, and design deliverables created specifically for Client, except for third-party software, stock media, licensed materials, AI-generated materials, and Inception-owned materials described below. Client is responsible for reviewing the final project and determining whether any design, content, image, logo, name, phrase, product, service, or other material may create copyright, trademark, licensing, or other legal issues.
12.2 — Inception retains ownership of its pre-existing tools, reusable code, code snippets, frameworks, processes, systems, workflows, know-how, internal documentation, and development methods, even if such materials are used to create or support the project.
12.3 — Client represents that Client owns or has permission to use all text, images, videos, logos, trademarks, product information, customer data, business information, legal policies, and other materials provided to Inception for use in the project. Client is solely responsible for any claim, dispute, fee, fine, penalty, or legal issue arising from materials provided by Client.
12.4 — Stock images, graphics, videos, icons, or other media provided by Inception for the project will be legally purchased or licensed from a third-party provider such as Shutterstock, iStock, Adobe Stock, Getty, or a similar source. Unless the media provider’s license allows transfer to Client, the stock media license will remain registered to Inception and may only be used by Client as part of the project created by Inception. Client may not reuse, copy, sell, redistribute, modify, print, publish, or use the stock media outside of this project unless Client purchases a separate license.
12.5 — Unless otherwise stated by Inception, stock media will be purchased under a royalty-free standard-use license. Standard-use licenses generally allow commercial website use, but may have restrictions for products, merchandise, print materials, large-scale distribution, advertising, resale, or other uses. Client is responsible for determining whether a standard license is sufficient for Client’s intended use and for purchasing any extended or additional license if needed.
12.6 — If a third party requests proof that a stock media asset used was legally licensed, Inception will provide the license documentation made available by the media provider. Inception is not responsible for providing legal advice, representing Client in a dispute, communicating with third parties, or providing more proof than the media provider makes available.
12.7 — Some WordPress themes, plugins, software, APIs, or third-party services used in the project may require a paid license, subscription, or account to receive updates, support, or premium functionality. Licenses registered to Inception for software such as FluentForms, SEOPress, Advanced Custom Fields, All-in-One WP Migration, Solid Security, Akismet, CleanTalk, Beaver Builder, Beaver Themer, Bricks Builder, Bricks Extras, or similar tools may be used on Client’s website only while Client has an active monthly Maintenance Plan with Inception, unless otherwise stated in writing.
12.8 — If Client cancels their Maintenance Plan, Inception may remove its software licenses after the Maintenance Plan’s coverage period ends. Client is responsible for purchasing replacement licenses before that date to avoid loss of updates, support, or premium functionality. The software listed above may not all be installed on Client’s website, but represents software that may be used depending on project needs. The Bricks Builder theme requires a license for software updates, but Inception guarantees that Client may use Inception’s Bricks Builder license free of charge for up to one (1) year after project completion, even without a Maintenance Plan.
12.9 — Some images, graphics, illustrations, icons, backgrounds, concepts, text, or other creative materials used for Client may be created or assisted by artificial intelligence tools (“AI-generated materials”), whether generated by Client, Inception, or a third-party service. Client understands that AI-generated materials may not qualify for copyright ownership, copyright registration, exclusive use, trademark protection, or other intellectual property protection under applicable law, even if Client approves them or they are used in a final draft of a design. Client also understands that AI-generated materials may not be unique and that similar or identical materials may be generated for others.
12.10 — Inception does not guarantee that AI-generated materials are copyrightable, trademarkable, unique, non-infringing, accurate, legally usable, or free from third-party claims. By approving or using AI-generated materials, Client accepts responsibility for determining whether those materials are appropriate for Client’s website, branding, advertising, merchandise, printed materials, products, services, or other commercial uses. Client accepts all risk connected to approving, publishing, modifying, distributing, printing, selling, advertising, or otherwise using AI-generated materials, regardless of whether the materials were generated by Client, Inception, or another party.
Liability
13.1 — Any project or service timeline is an estimate only. Inception is not liable for any financial loss, lost revenue, lost profits, lost business opportunities, reputational harm, operational disruption, or other negative result caused by a delay in providing a service, a delayed launch, Client’s delay in providing required information or approvals, third-party delays, technical limitations, or Inception’s inability to complete a requested feature in the exact manner originally expected by Client.
13.2 — Inception is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related the website, the Client’s business, or any services provided by Inception. This includes, but is not limited to, loss of revenue, loss of profits, loss of data, loss of customers, loss of advertising performance, business interruption, reputational damage, or costs related to replacing services, software, vendors, or website functionality.
13.3 — Inception is not responsible for legal compliance issues related to Client’s website, business, products, services, advertising, content, images, videos, user submissions, policies, accessibility, privacy practices, cookie usage, data collection, email marketing, SMS marketing, terms and conditions, disclaimers, industry regulations, or other legal requirements unless a specific compliance service is expressly listed in a project contract. Client is solely responsible for determining which laws, regulations, policies, licenses, disclosures, accessibility standards, and industry requirements apply to Client’s website and business.
13.4 — Inception is not liable for any legal claims, lawsuits, fines, penalties, licensing fees, settlement demands, takedown requests, copyright claims, trademark claims, privacy claims, accessibility claims, ADA-related claims, advertising platform claims, or other disputes arising from Client’s website, business, products, services, content, images, videos, stock media, user-submitted content, policies, or legal compliance requirements.
13.5 — Inception is not responsible for the acts, omissions, bugs, limitations, downtime, service interruptions, pricing changes, policy changes, security issues, data loss, compatibility issues, or performance issues of third-party platforms, software, plugins, themes, APIs, web hosts, domain registrars, DNS providers, email providers, SMS providers, payment processors, advertising platforms, analytics platforms, security tools, backup providers, or other outside services used in or connected to services provided to Client.
13.6 — Inception is not liable for any issue caused by WordPress, WordPress themes, WordPress plugins, custom code conflicts, PHP changes, server changes, browser updates, device updates, plugin updates, theme updates, security patches, automatic updates, Client-performed updates, third-party updates, deprecated APIs, malware, hacking, spam, brute-force attacks, unauthorized access, server failure, DNS issues, email delivery issues, payment gateway issues, database corruption, natural disasters, theft, or other events outside of Inception’s reasonable control.
13.7 — Inception is not responsible for whether Client is approved, rejected, suspended, limited, or penalized by any third-party platform, including but not limited to Google, Meta, Microsoft, YouTube, TikTok, Yelp, payment processors, email providers, SMS providers, web hosts, domain registrars, app stores, or advertising platforms. Client is responsible for complying with all third-party platform terms, policies, billing requirements, identity verification requirements, and content restrictions.
13.8 — Inception does not guarantee that a website they built and/or host will be uninterrupted, error-free, immune from hacking, immune from malware, fully compatible with all devices or browsers, free from future bugs, or permanently compatible with future versions of WordPress, themes, plugins, hosting environments, APIs, browsers, devices, or third-party services.
13.9 — To the fullest extent permitted by law, Inception’s total liability for any claim arising out of or related to services provided shall not exceed the total amount actually paid by Client to Inception during the six months immediately preceding the event giving rise to the claim, or the total Project Price (if under a contract), whichever is less.
Force Majeure
14.1 — Inception will not be liable for any delay, failure to perform, service interruption, missed deadline, launch delay, data loss, website outage, or other issue caused by events outside of Inception’s reasonable control. These events may include, but are not limited to, acts of God, severe weather, hurricanes, floods, fires, natural disasters, power outages, internet outages, hosting outages, DNS failures, domain registrar issues, third-party software failures, third-party API failures, payment processor issues, email provider issues, cyberattacks, malware, hacking, war, terrorism, civil unrest, labor disputes, government action, changes in law, pandemics, illness, supply-chain disruptions, or other events that prevent or delay Inception’s ability to perform services.
14.2 — If a force majeure event occurs, Inception’s deadlines, timelines, and performance obligations will be extended for a reasonable period of time based on the circumstances. Inception will make reasonable efforts to resume work when practical, but Inception will not be responsible for financial loss, lost profits, lost revenue, reputational harm, missed launch dates, advertising delays, business interruption, or other damages caused by the force majeure event.
Browser and Device Support
15.1 — Inception will use reasonable efforts to design and test any webpages for current versions of commonly used modern browsers, including Chrome, Safari, Firefox, and Microsoft Edge, as well as common desktop, tablet, and mobile screen sizes. Unless specifically listed in a contract or as a non-contract feature, this does not include testing or optimization for outdated browsers, unsupported browsers, unusual devices, assistive technology, smart TVs, gaming consoles, embedded browsers, custom operating systems, or other nonstandard environments.
15.2 — Differences in appearance or functionality may occur between browsers, devices, operating systems, screen sizes, browser settings, accessibility settings, and user configurations. Minor visual or functional differences that do not materially prevent use of the website shall not be considered defects.
Security Limitations
16.1 — Inception will use reasonable development practices when building a website, but Inception does not guarantee that the website, web host, database, plugins, themes, forms, email systems, payment systems, APIs, or other connected services will be secure, uninterrupted, or immune from malware, hacking, spam, unauthorized access, data loss, vulnerabilities, brute-force attacks, denial-of-service attacks, or other security threats.
16.2 — After building a website, Client is responsible for maintaining the security of the website unless Client has an active Maintenance Plan with Inception that expressly includes security-related services. Even with a Maintenance Plan, no security service can guarantee complete protection from all threats.
Website Accessibility
17.1 — Inception will use reasonable modern development practices, but unless specifically included in a contract of as a non-contract feature, this does not include a formal accessibility audit, WCAG compliance review, screen reader testing, remediation plan, legal compliance review, sufficient color contrast, keyboard navigation testing, or ADA (Americans with Disabilities Act) compliance certification.
Chargebacks and Payment Disputes
18.1 — Client agrees not to initiate a credit card chargeback, ACH dispute, payment reversal, or other payment dispute for amounts invoiced and paid without first providing Inception written notice of the dispute and a reasonable opportunity to resolve the issue. Filing a chargeback or payment dispute does not cancel Client’s payment obligations for services rendered or obligations from a signed contract. If Client initiates a chargeback or payment dispute for a valid charge, Client is responsible for the original amount owed, any chargeback fees, collection costs, attorney fees, administrative costs, and any other costs incurred by Inception in responding to or collecting the disputed amount, to the fullest extent permitted by law.
Attorney Fees and Collection Costs
19.1 — If Inception must take action to collect unpaid amounts, enforce a contract, respond to a payment dispute, or pursue any legal remedy related to Client’s breach of a contract or a requested service, Client agrees to pay Inception’s reasonable attorney fees, court costs, collection costs, filing fees, chargeback fees, administrative costs, and other expenses incurred, to the fullest extent permitted by law.
Governing Law and Venue
20.1 — Any contracts or agreements shall be governed by and interpreted according to the laws of the State of North Carolina, without regard to conflict-of-law principles. Any dispute, claim, lawsuit, or legal proceeding arising out of or related to a contract, project, website, or services provided by Inception shall be brought exclusively in the state or federal courts located in Buncombe county, North Carolina, unless otherwise required by law. Client consents to personal jurisdiction and venue in those courts.
Client Authority
21.1 — The person requesting (Requester) services on behalf of Client represents and warrants that they have the legal authority to bind the Client to the Terms of Service listed on this webpage. If Requester does not have such authority, the Reqeuster agrees to be personally responsible for all obligations, payments, and damages arising from soliciting services to the fullest extent permitted by law.
21.2 — Requester represents that Client owns or has permission to use all text, images, videos, logos, trademarks, product information, customer data, business information, legal policies, and other materials provided to Inception for use in the project. Client is solely responsible for any claim, dispute, fee, fine, penalty, or legal issue arising from materials provided by Requester.
Terms of Service last modified: June 22, 2026