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Terms of ServiceFORME Studio
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This Website Design & Monthly Service Agreement (\"Agreement\") explains the terms under which FORME Studio (\"FORME,\" \"we,\" \"us,\" or \"our\") provides website design, development, maintenance, and related services to the business or individual purchasing our services (\"Client,\" \"you,\" or \"your\").
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By purchasing a FORME Studio subscription, signing an agreement, or otherwise accepting a written proposal that incorporates these terms, you agree to the following conditions.
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1. Services Provided
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FORME Studio provides professionally designed websites and ongoing website services for businesses.
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Depending on the selected subscription plan, services may include:
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\n - Website design and development.
\n - Website hosting coordination and technical management.
\n - Mobile-responsive website layouts.
\n - Contact forms and inquiry forms.
\n - Basic or enhanced SEO setup.
\n - Booking and appointment integrations.
\n - Gallery and portfolio sections.
\n - Website maintenance.
\n - Limited content updates.
\n - Technical support.
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The exact services included in your subscription are determined by the plan you select and any additional written agreement between you and FORME Studio.
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FORME Studio does not promise that every requested feature, integration, or customization is included in the monthly subscription.
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2. Monthly Subscription Plans
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FORME Studio currently offers the following plans:
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Essential — $99/month
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Includes:
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\n - Professionally designed website.
\n - Up to 5 website pages.
\n - Mobile-responsive design.
\n - Contact form.
\n - Basic SEO setup.
\n - Social media links.
\n - Website maintenance.
\n - Up to 1 small content update per month.
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Professional — $149/month
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Includes everything in Essential, plus:
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\n - Up to 8 website pages.
\n - More customized website design.
\n - Advanced animations and transitions.
\n - Gallery and portfolio sections.
\n - Booking or appointment integrations.
\n - Quote request forms.
\n - Enhanced SEO setup.
\n - Up to 2 small content updates per month.
\n - Priority support.
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Signature — $199/month
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Includes everything in Professional, plus:
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\n - Up to 12 website pages.
\n - Premium custom website design.
\n - Advanced interactive elements.
\n - Selective 3D website elements.
\n - Custom animated sections.
\n - Advanced visual effects and transitions.
\n - More sophisticated layouts.
\n - Enhanced portfolio and gallery experiences.
\n - Up to 3 small content updates per month.
\n - Highest support priority.
\n - The monthly subscription includes only the services specifically listed in the selected plan.
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FORME Studio may update its plan offerings and pricing for new customers. Existing clients will receive notice of any changes affecting their subscription.
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3. Website Ownership and Intellectual Property
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This section is especially important. Please read it carefully.
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Unless otherwise agreed in a separate written agreement, FORME Studio retains ownership of the website design and the website build created and managed by FORME Studio.
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This includes, where applicable:
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\n - Custom website layouts and design arrangements.
\n - Custom visual designs.
\n - Custom animations and interactive elements.
\n - Custom code and reusable components created by FORME Studio.
\n - Website structure and design systems.
\n - FORME Studio templates, frameworks, and development methods.
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The Client is purchasing an ongoing subscription that provides permission to use the website while the subscription remains active and payments are current.
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The Client does not automatically purchase or receive ownership of the complete website build, source code, design system, or other FORME-owned intellectual property through monthly subscription payments.
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FORME Studio grants the Client a limited, non-exclusive, non-transferable license to use the website for the Client's business while the subscription is active and in good standing.
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The Client may not copy, resell, redistribute, transfer, or reproduce FORME Studio's website design or custom development work without written permission.
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Client-owned materials
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The Client retains ownership of materials they provide, including:
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\n - Business name and trademarks.
\n - Business logo and branding.
\n - Original photographs and videos.
\n - Business descriptions and written content.
\n - Product and service information.
\n - Other materials supplied by the Client.
\n - FORME Studio does not claim ownership of the Client's existing business identity or materials.
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Third-party materials
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Some websites may use third-party fonts, plugins, templates, stock images, software, applications, and other licensed materials.
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These materials remain subject to their respective owners' licensing terms. FORME Studio cannot transfer ownership or grant rights beyond those permitted by the applicable license.
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Ownership exceptions
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If the Client wishes to purchase full ownership or obtain a transfer of eligible website materials, this must be agreed upon separately in writing.
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Additional transfer, licensing, development, or migration fees may apply.
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4. Domain Names, Hosting, and Third-Party Costs
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A website may require a domain name, hosting plan, website platform subscription, plugins, booking software, email services, or other third-party services.
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Unless expressly included in a written proposal, these costs are separate from the FORME Studio monthly subscription.
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Domain names
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The Client is responsible for purchasing and renewing their domain name unless otherwise agreed in writing.
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Domain prices vary depending on:
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\n - The domain extension (such as .com, .net, or .org).
\n - The domain registrar.
\n - Registration and renewal pricing.
\n - Premium or previously registered domain names.
\n - Applicable taxes and additional services.
\n - FORME Studio does not guarantee a particular domain's availability or price.
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The Client should maintain ownership and control of their domain registration account and provide FORME Studio with the necessary access to connect it to the website.
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FORME Studio is not responsible for a website becoming unavailable because the Client's domain expires, is not renewed, or has incorrect DNS settings outside our control.
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Hosting and platform costs
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The Client may be required to pay separately for Wix, Wix Studio, or another website hosting or platform subscription.
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The exact cost depends on the platform, selected plan, billing period, and any applicable taxes or additional services.
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Third-party providers may change their prices, features, or policies. Such changes are outside FORME Studio's control.
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FORME Studio will communicate any additional costs that the Client is expected to approve or pay before committing the Client to those expenses.
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5. Additional Work and Custom Requests
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The monthly subscription covers the features and services included in the selected plan.
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Requests outside the included services may require an additional fee.
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Examples of work that may incur additional charges include:
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\n - Adding pages beyond the plan limit.
\n - Major website redesigns.
\n - New layouts or extensive design changes.
\n - Custom animations or advanced 3D features beyond the agreed scope.
\n - Custom software development.
\n - E-commerce functionality.
\n - Advanced booking or reservation systems.
\n - Payment processing integrations.
\n - Third-party API integrations.
\n - Additional forms or complex functionality.
\n - Large-scale content uploads.
\n - Website migrations.
\n - Additional revisions or extensive content changes.
\n - Work requiring paid plugins, applications, or third-party subscriptions.
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Before beginning additional work, FORME Studio will provide the Client with an explanation of the requested work and its additional cost.
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No additional paid work will be started without the Client's approval.
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Additional work may be billed as a one-time fee, an additional recurring fee, or another written payment arrangement agreed upon by both parties.
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6. Content Updates and Revisions
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Each subscription includes a limited number of small content updates per billing month, as described in the selected plan.
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A small content update generally means:
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\n - Replacing an existing photograph.
\n - Updating existing text.
\n - Changing business hours.
\n - Updating contact information.
\n - Changing an existing service description.
\n - Making minor adjustments to existing website content.
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A small content update does not include:
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\n - Creating a new website page.
\n - Rebuilding an existing section.
\n - Redesigning the website.
\n - Creating new custom functionality.
\n - Building complex animations.
\n - Major structural or layout changes.
\n - Unused monthly updates do not roll over to the next month.
\n - Additional updates may be quoted separately.
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FORME Studio will make reasonable efforts to complete approved updates within a reasonable timeframe. Completion times may vary depending on the complexity of the request and current workload.
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7. Billing and Payment
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The Client agrees to pay the monthly subscription fee associated with their selected plan.
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Payments are billed automatically each month using the payment method provided by the Client.
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The subscription begins on the agreed service start date and renews monthly unless canceled in accordance with this Agreement.
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The Client is responsible for maintaining a valid payment method and ensuring sufficient funds are available.
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Any applicable taxes or separately approved charges may be added to the amount due.
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FORME Studio may use third-party payment processors, such as Stripe, to process subscription payments. Payment processing is subject to the applicable provider's terms.
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8. Failed Payments and Website Suspension
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If a monthly payment fails, is declined, or remains unpaid, FORME Studio may notify the Client and request that payment information be updated or the outstanding balance be paid.
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The Client will generally receive a 7-calendar-day grace period following written notice to resolve the payment issue.
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If payment remains outstanding after the grace period, FORME Studio reserves the right to:
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\n - Temporarily suspend the website.
\n - Disable public access to the website.
\n - Pause website maintenance and content updates.
\n - Pause additional development work.
\n - Restrict access to FORME-managed website services where permitted.
\n - The website may remain offline until all outstanding payments have been received and processed.
\n - Suspending the website does not cancel the Client's obligation to pay any outstanding amounts owed.
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Once the outstanding balance has been paid, FORME Studio will make reasonable efforts to restore the website within 2 business days, subject to platform availability and any additional technical issues.
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FORME Studio will not intentionally delete or transfer ownership of a Client's domain as a payment enforcement measure.
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9. Cancellation and Termination
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The Client may cancel their monthly subscription by providing written notice to FORME Studio through the designated business email address.
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Unless otherwise agreed in writing, subscriptions are month-to-month and do not require a long-term commitment.
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Cancellation will take effect at the end of the current paid billing period, unless the parties agree otherwise in writing.
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After cancellation:
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\n - The monthly subscription will stop renewing.
\n - FORME Studio's license for the Client to use the FORME-owned website build will end.
\n - FORME Studio may take the website offline.
\n - Ongoing maintenance and support will stop.
\n - Any unpaid balances will remain due.
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The Client remains responsible for separately billed services, including domain renewals, hosting, applications, or other third-party subscriptions they have purchased.
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If the Client wants to continue using the website after cancellation, they must arrange a separate written ownership, licensing, or transfer agreement with FORME Studio.
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FORME Studio may terminate the relationship if the Client violates this Agreement, uses the website unlawfully, fails to pay, or engages in abusive or fraudulent conduct.
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Where reasonably possible, FORME Studio will provide notice and an opportunity to resolve the issue before termination.
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10. Client Responsibilities
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The Client agrees to:
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\n - Provide accurate business information.
\n - Supply website text, photographs, logos, and other requested materials.
\n - Ensure they have permission to use all materials they provide.
\n - Review website content and approve it before launch.
\n - Respond to requests for information and approvals in a reasonable timeframe.
\n - Maintain their domain and any separately purchased third-party services.
\n - Keep account credentials secure.
\n - Notify FORME Studio of relevant business changes.
\n - Ensure that their business operations and website content comply with applicable laws.
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FORME Studio is not responsible for delays caused by missing content, late approvals, inaccurate information, or failure by the Client to provide necessary access.
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11. Website Approval and Launch
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FORME Studio will provide the Client with an opportunity to review the website before launch.
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The Client is responsible for reviewing the website and confirming that important business details are accurate, including:
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\n - Business name and contact information.
\n - Services and pricing.
\n - Business hours.
\n - Images and written content.
\n - Booking or inquiry information.
\n - Links and other supplied business details.
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The website will generally be published after the required approvals, subscription activation, and any agreed launch requirements have been completed.
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Requests made after approval or launch that go beyond the included services may incur additional charges.
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12. Third-Party Services and Integrations
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Websites may rely on external platforms and services, including:
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\n - Wix and other hosting platforms.
\n - Calendly and appointment scheduling services.
\n - OpenTable and restaurant reservation providers.
\n - Payment processors.
\n - Email providers.
\n - Analytics tools.
\n - Plugins and external applications.
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These services are operated by third parties and may have separate fees, account requirements, usage limits, or subscription terms.
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FORME Studio is not responsible for third-party outages, policy changes, discontinued features, pricing changes, or service interruptions outside our reasonable control.
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The Client is responsible for maintaining any third-party accounts and paying their applicable fees unless otherwise agreed in writing.
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FORME Studio does not guarantee that a third-party integration will remain available indefinitely.
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13. Search Engine Optimization and Results
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FORME Studio may provide basic or enhanced SEO setup depending on the selected plan.
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SEO services may include:
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\n - Page titles and descriptions.
\n - Basic search engine indexing setup.
\n - Website structure improvements.
\n - Relevant page content organization.
\n - Other agreed SEO configuration.
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FORME Studio does not guarantee:
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\n - A specific Google ranking.
\n - A particular number of website visitors.
\n - A specific number of leads or customers.
\n - Increased sales or revenue.
\n - A particular search engine position.
\n - Search engine rankings and website traffic depend on many factors outside FORME Studio's control.
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14. Maintenance and Website Availability
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FORME Studio will make reasonable efforts to maintain the website and keep it functioning properly.
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However, uninterrupted website availability cannot be guaranteed.
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Websites may experience interruptions due to:
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\n - Hosting provider outages.
\n - Platform maintenance.
\n - Software updates.
\n - Security incidents.
\n - Internet service interruptions.
\n - Third-party application failures.
\n - Circumstances outside FORME Studio's reasonable control.
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FORME Studio is not responsible for interruptions caused by third-party providers or circumstances beyond its reasonable control.
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15. Privacy and Client Information
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FORME Studio may receive information necessary to provide services, including business contact details, website content, account access, and other project-related information.
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FORME Studio will use reasonable measures to protect information entrusted to it.
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The Client is responsible for determining what personal information its own website collects and for providing appropriate privacy notices, consent mechanisms, and disclosures where legally required.
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Unless separately agreed in writing, FORME Studio does not act as the Client's legal advisor or guarantee that the Client's website satisfies every privacy, cookie, accessibility, or industry-specific legal requirement.
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The Client should obtain appropriate legal advice for its own business and website.
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16. Portfolio and Promotional Use
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Unless the Client requests otherwise in writing before launch, FORME Studio may identify the Client's business as a project in its portfolio and display publicly available screenshots or links to the completed website.
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FORME Studio will not intentionally publish confidential business information or private customer information as part of its portfolio.
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The Client may request that its website not be featured in FORME Studio's promotional materials.
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17. Warranties and Limitation of Liability
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FORME Studio will make reasonable efforts to provide the services described in the selected subscription plan.
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However, FORME Studio does not guarantee that the website will be completely free of errors, interruptions, or technical issues.
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To the extent permitted by applicable law, FORME Studio will not be responsible for indirect, incidental, special, or consequential losses, including lost profits, lost sales, lost business opportunities, or losses caused by third-party service interruptions.
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Nothing in this Agreement excludes liability that cannot legally be excluded under applicable law.
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To the extent permitted by applicable law, FORME Studio's total liability arising from the services will not exceed the fees paid by the Client to FORME Studio during the three months immediately preceding the event giving rise to the claim.
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18. Indemnification
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The Client agrees to be responsible for claims, damages, or expenses arising from:
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\n - Materials supplied by the Client that violate another party's rights.
\n - False or misleading information supplied by the Client.
\n - The Client's unlawful business activities.
\n - The Client's misuse of the website or third-party services.
\n - The Client's violation of this Agreement.
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This provision does not apply to the extent a claim results from FORME Studio's own wrongful conduct or other circumstances for which applicable law does not permit the Client to be held responsible.
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19. Changes to This Agreement
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FORME Studio may update these terms from time to time.
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Material changes affecting an existing Client's subscription, payment obligations, or rights will be communicated with reasonable advance notice.
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Changes will not retroactively alter services already paid for without the Client's agreement, except where required by law.
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20. Governing Law
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This Agreement will be governed by the laws of the State of Florida, without regard to conflict-of-law principles.
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Any dispute will be handled in a court with appropriate jurisdiction, subject to applicable law.
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21. Entire Agreement
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This Agreement, together with the Client's selected subscription plan and any additional written proposal or approved service order, represents the agreement between FORME Studio and the Client regarding the services provided.
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If a written proposal or service order contains a specific term that conflicts with this Agreement, the specific written term will control for that project.
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If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
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Client Acknowledgment and Acceptance
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By signing below or accepting these terms electronically, the Client confirms that they:
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\n - Have read and understood this Agreement.
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Understand that FORME Studio retains ownership of its website design and website build unless otherwise agreed in writing.
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Understand that their monthly subscription provides permission to use the website while the subscription remains active and paid.
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Understand that unpaid subscriptions may result in the website being suspended.
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Understand that domain registration, hosting, and third-party services may have separate costs.
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Understand that additional features, pages, integrations, and custom work may require additional payment.
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Agree to the billing, cancellation, and other terms described above.
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