These Terms of Service apply to forsythdevelopment.com (the "Website") and the customer portal, operated by Forsyth Development LLC, a California limited liability company ("we", "us"). By using the Website or creating a portal account you agree to them. If you do not agree, please do not use them.
Our services
We design and build websites and apps. The Website describes those services and shows example work. It is general information, not a quote or offer. Any project, price, schedule, deliverables, and ownership of work will be set out in a separate written agreement or accepted proposal. If that agreement conflicts with these Terms, the agreement controls for that project.
Customer portal accounts
You may need an account to use the portal. You agree to give accurate information, keep your sign-in details (password, authenticator, passkey) secure, and tell us promptly if you think your account was accessed without permission. You are responsible for activity under your account. We may suspend or close accounts that are misused, abusive, or inactive, and you may ask us to delete your account at any time.
You can sign in with an email and password, optionally add two-factor authentication or a passkey, or sign in with Google. Administrators at Forsyth Development can view portal account details, billing summaries (card brand, last four digits, expiry and billing address) and support tickets in order to run the service.
Billing and payments
Payments are processed by Stripe. You enter card details on a Stripe-hosted page; we never see or store your full card number or security code, only the card brand, last four digits, expiry date and billing address.
By saving a card you authorize us to charge it for amounts you have agreed to, including recurring monthly plans such as our web hosting and maintenance plan (currently $50 USD per month unless your agreement says otherwise). Recurring plans renew automatically each month until canceled, as described under "Website hosting subscription" below. If a payment fails we may retry it. Late payments are handled as described in that section. Prices are in US dollars and exclude taxes unless stated. You can remove or replace your card on the Billing page at any time.
How these terms apply to different services
We offer three kinds of service, and each has its own terms. Your written agreement or accepted proposal says which applies to you. Where a section below does not apply to your service, it does not bind either of us.
- Website hosting subscription: the monthly plan that keeps a website hosted and maintained.
- Custom software development project: a one-time or milestone-based build, such as a custom application or app.
- Ongoing maintenance agreement: a separate agreement for continuing work on software or a website beyond the hosting subscription.
Website hosting subscription
Unless your agreement says otherwise, the subscription (currently $50 USD per month for the Starter Website) covers hosting for the agreed website, SSL (HTTPS), routine dependency updates, basic security monitoring, security patching, and email support for issues with the site as delivered. The Starter Website includes up to 5 standard pages and 2 rounds of revisions before launch. Hosted sites are backed up automatically each day and backups are kept for 30 days, where the hosting platform supports it. We aim to keep sites available but do not guarantee uninterrupted service.
The subscription does not include content updates after launch, new features, redesigns, additional pages, further revision rounds, or third-party fees (such as domain registration). We do not offer unlimited revisions or updates. Anything outside the subscription is quoted in writing and needs your approval before work begins.
Cancelling. You can cancel with 30 days' notice by emailing us or opening a support ticket. Hosting and maintenance stop at the end of the paid period in which the notice period ends. Partial months are not prorated or refunded unless required by law or stated in your agreement.
Late payments. If a payment fails or is overdue, we allow a 7-day grace period. After that, we may suspend hosting and maintenance after giving you notice. We restore the service once the balance is paid.
Support. Support is by email, with a response target of 2 business days. This is a target, not a guarantee of response or resolution times.
Your domain name
You are responsible for finding and purchasing your own domain name and for keeping it renewed. You own it, and registration stays in your name. We may manage DNS settings for your site while we work on it, as an administrator or delegate on your account. Cancelling, suspension or ending any plan or agreement never transfers, locks or removes your access to your domain. When the work ends we will remove our access or help you point DNS elsewhere, on request. Domain registration and renewal fees are paid by you directly to your registrar.
Custom software development projects
Custom projects are governed by your written agreement or accepted proposal, which sets out scope, price, schedule, deliverables, revision limits and payment terms. The hosting subscription terms above do not apply to a custom project unless your agreement says they do. Work outside the agreed scope is quoted in writing and needs your approval before work begins.
Ongoing maintenance agreements
Ongoing maintenance for custom software, apps or larger websites is provided only under a separate written maintenance agreement, which sets out what is covered, the fee, response targets and how to end it. It is separate from the hosting subscription and from any development project.
Ownership of deliverables
You own the custom deliverables we create specifically for you once all applicable payments are complete. Ownership is subject to third-party licenses (for example open-source libraries and fonts) and to our reusable tools, frameworks, templates and code, which we keep and license to you for use with your deliverables. A transfer of the website source files, database (if applicable), and hosting and deployment access after cancellation is quoted individually in writing.
Support tickets
You can contact us through the support ticket system in the portal. Our email support response target is 2 business days; we do not guarantee response or resolution times. Please do not include passwords, full card numbers, or other highly sensitive data in tickets.
Feedback
If you send us feedback, you allow us to use it to improve the Website and our services without owing you anything. We will not publish your name or message without your permission.
Acceptable use
You agree not to submit false or spam messages, attempt to gain unauthorized access to the Website or other users' data, probe or disrupt the service, upload malicious content, or use it for anything unlawful.
Ending your account
You can stop using the portal at any time and ask us to delete your account. We may keep billing and tax records as required by law. Ending your account does not cancel a plan or agreement; cancel those as described above or in your agreement. It also never affects your domain name.
Intellectual property
The Website's text, design, and logos belong to Forsyth Development LLC or its licensors. Ownership of work we build for you is described under "Ownership of deliverables" and governed by your written agreement. Brand names and logos of other companies belong to their owners.
Third-party services
The Website and portal rely on third parties, including Cloudflare (hosting and database), Stripe (payments), Google (optional sign-in), and Resend and Google Workspace (email). Their terms apply to their services, and we are not responsible for their outages or actions.
Website content and portfolio
The portfolio and app pages describe our work and third-party apps, such as those on the Apple App Store. App Store listings and descriptions are provided by their owners and may change. Links to other sites are provided for convenience and we do not control them.
Disclaimers
The Website and portal are provided "as is" and "as available", without warranties of any kind to the extent permitted by law.
Limitation of liability
To the extent permitted by law, we are not liable for indirect, incidental, special, or consequential damages, or lost profits or data, arising from your use of the Website or portal. Our total liability for any claim relating to the Website or portal is limited to the amount you paid us in the three months before the claim arose. Nothing in these Terms limits liability that cannot be limited by law.
Privacy
Our Privacy Notice explains how we handle information, including portal accounts, billing and support tickets.
Governing law
These Terms are governed by the laws of the State of California. Disputes will be brought in the state or federal courts located in California, subject to any rights you have under consumer protection law.
Changes
We may update these Terms and will change the "Last updated" date when we do. We will give notice of material changes to billing terms by email or in the portal. Continued use after a change means you accept it.