Terms & conditions

These terms govern your use of windishlabs.com and, where no signed agreement says otherwise, the services Windish Labs LLC provides. By using this site you agree to them. If you do not, please do not use the site.

1. The agreement that governs your project

Work we do for you is defined by a written proposal, statement of work or service agreement that you sign. That signed agreement controls. Where it conflicts with anything on this page, the signed agreement wins. These terms fill the gaps it does not address, and govern this website for everyone else.

2. Nothing here is an offer

Descriptions of services, timelines and approaches on this website are for information. They are not an offer capable of acceptance and not a quote. Pricing is given in writing, for a defined scope, and is valid for the period stated on the quote.

3. Your responsibilities

• Give us accurate information, content and access, and respond to requests for approval in reasonable time. Timelines assume you do; they move if you do not.
• Make sure you have the rights to everything you give us — text, images, logos, fonts, data — and to let us use it for your project.
• Keep your account credentials secure and tell us promptly if you think they have been compromised.
• Do not use anything we host to break the law, infringe someone else’s rights, send unsolicited bulk email, distribute malware, or attempt to gain unauthorised access to any system.

4. Fees and payment

Project fees and any recurring hosting or maintenance fee are set out in your agreement. Invoices are due on the terms stated on the invoice. We may suspend services on materially overdue accounts after giving you written notice and a reasonable chance to put it right. Fees already paid for work performed are non-refundable unless your agreement says otherwise.

5. Ownership of what we build

On full payment, you own the custom code, designs and content we produce specifically for you. We keep ownership of our pre-existing tools, libraries, frameworks and internal platform, and grant you a perpetual, non-exclusive licence to use them as part of your deliverable. You keep ownership of everything you supply. We may describe the work and show it in our portfolio unless you ask us in writing not to.

6. Hosting services

Hosting is provided on a monthly or annual term and renews automatically until cancelled. Either of us may cancel with 30 days’ written notice. We aim for high availability but do not guarantee uninterrupted service; maintenance windows, upstream provider outages and events beyond our control happen. Any specific uptime commitment applies only if it is written into your agreement.

If you leave, you take your work with you. On request within 60 days of termination we will provide an export of your site, its content and your data in a commonly used format, and cooperate reasonably with a transfer to another provider. We may delete your data after that window, so ask for the export before it closes.

7. Third-party services

Your site may rely on third parties — domain registrars, payment processors, email and analytics providers, and similar. Those services are governed by their own terms, and we are not responsible for their acts, outages or pricing changes. Where you pay them directly, that relationship is yours.

8. Warranties and disclaimer

We will perform our services with reasonable skill and care, in a professional manner consistent with industry standards. Beyond that, and to the fullest extent permitted by law, this website and our services are provided “as is” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that any site will be error-free, that it will produce any particular business result, or that it will achieve any particular search ranking.

9. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if advised such damages were possible. Our total liability arising out of or relating to the services is limited to the amounts you paid us for the services in the twelve months before the event giving rise to the claim. Nothing here limits liability that cannot lawfully be limited, including for fraud, wilful misconduct or death or personal injury caused by negligence.

10. Indemnity

You agree to indemnify us against claims arising from content or materials you supply, from your use of the services in breach of these terms, and from your violation of any law or third-party right.

11. Confidentiality

Each of us will keep the other’s non-public business information confidential and use it only to perform or receive the services. This does not apply to information that is public through no fault of the receiving party, was already known to it, or must be disclosed by law.

12. Termination

Either party may terminate for material breach that is not cured within 15 days of written notice. On termination you pay for work performed up to that date, and the sections that by their nature should survive — ownership, confidentiality, disclaimers, limitation of liability, indemnity and governing law — do survive.

13. Governing law

These terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules. The state and federal courts located in that state have exclusive jurisdiction over any dispute, and both parties consent to venue there.

14. Changes to these terms

We may update these terms; the date at the top reflects the current version. Changes apply to use of this website from the date they are posted, and to services from your next renewal — never retroactively to work already agreed.

15. Contact

Questions about these terms go to brandon@windishlabs.com, or by post to Windish Labs LLC, 26898 Firwood Rd NE, Kingston, WA 98346. See also our privacy policy.