Terms of Use

Last Updated: November 12, 2025

Acceptance of Terms

Welcome to LongBark. By accessing or using our website and services, you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, please do not use our website or services.

We reserve the right to modify these Terms at any time. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.

Services

LongBark provides web development, design, hosting, maintenance, and related digital services (“Services”). Specific service details, deliverables, timelines, and pricing are outlined in individual project proposals, contracts, or service agreements.

Service Scope

Our services may include, but are not limited to:

  • Website design and development
  • Web hosting and maintenance
  • Search engine optimization (SEO)
  • Content creation
  • Logo and branding design
  • Social media management
  • Business automation
  • Technical support

Client Responsibilities

As a client, you agree to:

Provide Information

  • Supply accurate, complete, and timely information required for project completion
  • Provide necessary materials (content, images, branding assets) in a timely manner
  • Review and approve deliverables within agreed timeframes

Content Ownership

  • Warrant that you own or have rights to all content, images, and materials you provide
  • Indemnify LongBark against any claims arising from use of materials you provide
  • Ensure provided content does not infringe on third-party rights

Payment

  • Pay all fees according to the agreed payment schedule
  • Understand that work may be paused if payments are overdue
  • Pay any applicable taxes, transaction fees, or additional costs

Cooperation

  • Respond to requests for feedback and approvals in a timely manner
  • Designate a primary point of contact for the project
  • Understand that delays in providing information may extend project timelines

Payment Terms

Pricing and Invoices

  • Project pricing is outlined in individual proposals or contracts
  • Invoices are sent according to the agreed payment schedule
  • Payment is due within the timeframe specified on the invoice (typically 15 days)

Deposits

  • We typically require a 50% deposit to begin work on new projects
  • Deposits are non-refundable once work has commenced
  • Final payment is due upon project completion or before launch

Late Payments

  • Late payments may incur interest charges
  • Work may be suspended until payment is received
  • Websites may be taken offline for non-payment of hosting or maintenance fees
  • We reserve the right to pursue legal action for unpaid invoices

Refund Policy

  • Deposits are non-refundable once work has started
  • Refunds for completed work are evaluated on a case-by-case basis
  • Monthly services (hosting, maintenance) are non-refundable but can be canceled for future months

Intellectual Property

Client Ownership

Upon full payment, you own:

  • Custom code written specifically for your project
  • Custom design elements created for you
  • Content you provided or we created under agreement
  • Your domain name and website content

LongBark Retains Rights To

  • Pre-existing code libraries, frameworks, and tools
  • General methodologies and processes
  • Templates, themes, and boilerplate code used as starting points
  • Third-party plugins, themes, and software

Premium Plugins and Software

If your project uses premium plugins or software that we license:

  • You do not own the license to these plugins/software
  • If you move hosting away from LongBark, you must either:
    • Pay an annual fee to cover the cost of premium licenses, or
    • Purchase your own licenses directly from the plugin/software providers
  • We will provide a list of all premium plugins/software used in your project

Portfolio Rights

We reserve the right to:

  • Display your project in our portfolio and marketing materials
  • Reference your project in case studies (with your permission for detailed information)
  • Use project screenshots and descriptions for promotional purposes

If you prefer not to be included in our portfolio, please notify us in writing.

Warranties and Disclaimers

Our Warranties

We warrant that:

  • Services will be performed in a professional, workmanlike manner
  • We will make reasonable efforts to meet agreed deadlines
  • We will use industry-standard practices and technologies

Disclaimers

Services are provided “as is” without warranty of any kind. We do not warrant that:

  • Websites will be error-free or uninterrupted
  • Any specific results will be achieved
  • Third-party services will function without interruption
  • Websites will be compatible with all browsers and devices

We are not responsible for:

  • Issues caused by third-party services, plugins, or hosting providers
  • Problems arising from client-provided content or materials
  • Search engine ranking results or SEO outcomes
  • Website performance on outdated browsers or devices

Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability for any claim shall not exceed the amount paid by you for the specific service giving rise to the claim
  • We are not liable for indirect, incidental, special, consequential, or punitive damages
  • We are not liable for lost profits, revenue, data, or business opportunities

This limitation applies regardless of the legal theory (contract, tort, negligence, etc.) and even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless LongBark, its officers, employees, and contractors from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of our services
  • Content or materials you provide
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your website’s content or functionality

Hosting and Maintenance

Hosting Services

If we provide hosting services:

  • Hosting fees are billed monthly or annually as agreed
  • We provide reasonable uptime but do not guarantee 100% uptime
  • We perform regular backups but recommend you maintain your own backups
  • We reserve the right to suspend service for non-payment or terms violations

Maintenance Services

If you subscribe to maintenance services:

  • Service scope is defined in your maintenance agreement
  • Maintenance covers minor updates, fixes, and security updates
  • Major redesigns, new features, or extensive changes are billed separately
  • Support response times are outlined in your service agreement

Service Cancellation

You may cancel hosting or maintenance services with 30 days’ written notice. Upon cancellation:

  • We will provide you with website files and database backups
  • You are responsible for migrating to a new host
  • We will assist with migration questions (billable if extensive)
  • Premium plugin licenses remain with LongBark unless otherwise arranged

Support

Support Channels

Support is available through:

Support Scope

Standard support includes:

  • Technical troubleshooting
  • Bug fixes for code we wrote
  • Security updates and patches
  • Minor content updates (as defined in your service agreement)

Support does NOT include:

  • New feature development
  • Major redesigns or restructuring
  • Training on general web technologies
  • Issues caused by client modifications
  • Third-party plugin or service support (beyond basic troubleshooting)

Response Times

  • Support requests are typically answered within 24 business hours
  • Critical issues (site down) receive priority response
  • Response times may be longer during holidays or high-volume periods

Termination

By Client

You may terminate services by providing written notice. Termination terms:

  • Projects in progress: You pay for work completed to date
  • Monthly services: Cancellation effective at end of billing period
  • No refunds for work already performed

By LongBark

We may terminate services immediately if you:

  • Fail to pay invoices
  • Violate these Terms
  • Use services for illegal purposes
  • Provide false or misleading information
  • Engage in abusive behavior toward our team

Upon termination by either party:

  • We provide reasonable assistance with transition
  • You receive files and data you’ve paid for
  • Outstanding invoices become immediately due
  • Premium plugin licenses revert to LongBark

Confidentiality

Both parties agree to:

  • Keep confidential information confidential
  • Not disclose confidential information without written consent
  • Use confidential information only for the purposes of the project

Confidential information does not include:

  • Information that is publicly available
  • Information independently developed
  • Information received from third parties without confidentiality obligations

Third-Party Services

Our services may integrate with or rely on third-party services (hosting providers, payment processors, email services, etc.). We are not responsible for:

  • Third-party service failures or interruptions
  • Third-party pricing changes
  • Third-party terms of service changes
  • Data breaches or security issues at third parties

You may be subject to additional terms of service from third-party providers.

Compliance

You agree that your website will:

  • Comply with all applicable laws and regulations
  • Not infringe on intellectual property rights
  • Not contain illegal, harmful, or offensive content
  • Include required legal pages (privacy policy, terms, etc.) as applicable

We reserve the right to refuse service or remove content that violates laws or our policies.

Accessibility

While we strive to follow web accessibility best practices, we do not guarantee full compliance with ADA, WCAG, or other accessibility standards unless specifically contracted.

Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Georgia, United States, without regard to conflict of law provisions.

Dispute Resolution Process

In the event of a dispute:

  1. Direct Communication: Parties will first attempt to resolve disputes through direct communication
  2. Mediation: If unresolved, parties agree to attempt mediation before pursuing litigation
  3. Jurisdiction: Any legal action shall be brought in courts located in Georgia

Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or class arbitrations.

General Provisions

Entire Agreement

These Terms, together with any signed proposals or contracts, constitute the entire agreement between you and LongBark.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

Waiver

Failure to enforce any provision does not waive our right to enforce it later.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms to successors or affiliates.

Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, wars, panics, strikes, etc.).

Survival

Provisions that by their nature should survive termination (payment obligations, intellectual property, warranties, liability limitations) will survive.

Contact Information

For questions about these Terms, please contact us:

LongBark Email: [email protected] Support: [email protected]

Acknowledgment

By using our services, you acknowledge that:

  • You have read and understood these Terms
  • You agree to be bound by these Terms
  • You are authorized to enter into these Terms on behalf of your organization (if applicable)

Thank you for choosing LongBark. We look forward to working with you!