Terms of Service

1. Introduction & Acceptance of Terms

By purchasing or using any service provided by HallmarkOC, operated by Andre Ashworth, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

Services are provided on either a project-based or recurring basis, depending on the specific service you select. These terms apply to all services unless otherwise specified in a separate written agreement.

These Terms of Service do not constitute legal advice and are intended to clearly outline service expectations between HallmarkOC and its clients.

2. Services Offered

HallmarkOC provides the following services:

• IT Consulting: Provided on an hourly or project-based basis, offering technical support, system optimization, and technology consulting.
• Website Design & Builds: One-time project fees for custom website design and development, tailored to your specific needs.
• Website Hosting & Maintenance: Monthly subscription services for website hosting, ongoing maintenance, security updates, and technical support.

We reserve the right to modify, expand, or discontinue services over time. Any significant changes will be communicated to active clients with reasonable notice.

3. Website Design & Build Services

Pricing for website design and build services is determined at the discretion of HallmarkOC based on several factors, including:

• Project scope and complexity
• Timeline and delivery requirements
• Estimated time and resources required
• Specific features and functionality requested

A detailed quote will be provided before any work begins. Payment terms will be agreed upon prior to project commencement and may require payment before or during the build phase, as mutually agreed.

Reasonable revisions and adjustments are included in the project scope. However, excessive revisions, significant scope changes, or requests that fall outside the original project agreement may require additional fees, which will be discussed and agreed upon before proceeding.

Ownership of the website design, code, and content transfers to the client only after full payment has been received. Until payment is complete, HallmarkOC retains ownership rights to the work product.

4. Hosting & Maintenance Services

Website hosting services are billed as a recurring monthly fee. Your hosting subscription includes:

• Server hosting and infrastructure
• Uptime monitoring and basic performance tracking
• Security updates and patches
• Basic maintenance and technical support
• Cloudflare integration and SSL certificate management (where applicable)

Hosting services do not include:

• Major website redesigns or structural changes
• New feature development or custom functionality
• Content creation, copywriting, or media production
• Third-party service integrations beyond basic setup

Additional services beyond standard hosting can be arranged separately and will be quoted individually.

5. Cancellation Policy

Clients may cancel their hosting subscription at any time by providing notice to HallmarkOC. Cancellation requests should be sent via email or through the contact methods provided.

Upon cancellation of hosting services:

• The hosted website will be taken offline and removed from our servers
• HallmarkOC is not responsible for website availability or data access after cancellation
• Clients are responsible for requesting backups, database exports, or website migrations before cancellation
• Any outstanding fees for the current billing period remain due

Cancellation of hosting results in the website being taken offline and does not include transfer of hosting, infrastructure, or third-party accounts unless explicitly arranged beforehand.

We recommend requesting a full backup of your website and data at least 7 days before cancellation to ensure a smooth transition.

6. Payments & Billing

All fees and payment terms are clearly communicated prior to service delivery. Payment methods accepted include credit cards, debit cards, and other payment processors as available.

For recurring services (such as hosting), billing occurs automatically on a monthly basis. You are responsible for ensuring your payment method remains valid and up to date.

Late or failed payments may result in:

• Service suspension until payment is received
• Late fees or additional charges (if specified in your service agreement)
• Termination of service after extended non-payment

No refunds will be provided for completed work or prior billing periods unless explicitly agreed upon in writing. If you are unsatisfied with a service, please contact us to discuss potential resolutions.

7. Client Responsibilities

To ensure timely and successful completion of services, clients are responsible for:

• Providing timely access to necessary systems, accounts, and credentials
• Supplying required content, materials, and information in a timely manner
• Responding to requests for feedback, approvals, and decisions within reasonable timeframes
• Ensuring all provided content and materials are legally owned or licensed for use
• Maintaining the security and confidentiality of any credentials or access provided

HallmarkOC is not responsible for project delays caused by missing information, delayed approvals, or other factors outside our control. Timeline estimates are based on the assumption that clients will provide necessary materials and feedback in a timely manner.

8. Limitation of Liability

To the fullest extent permitted by law, HallmarkOC and Andre Ashworth shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of data or information
• Lost revenue or business opportunities
• Third-party service outages or failures
• Downtime or service interruptions beyond our reasonable control
• Costs of substitute services or products

No guarantees are made regarding:

• Business performance, sales, or revenue outcomes
• Search engine rankings or SEO results
• Specific uptime percentages or availability metrics (unless explicitly stated in a service level agreement)
• Third-party service reliability or performance

Our total liability for any claims arising from our services shall not exceed the total amount paid by the client for the specific service in question during the 12 months preceding the claim.

9. Third-Party Services

Many websites and services rely on third-party platforms, services, and integrations, including but not limited to:

• Hosting providers and infrastructure services
• Content management systems and plugins
• Payment processors (such as Stripe)
• APIs and external service integrations
• Domain registrars and DNS providers

HallmarkOC is not responsible for changes, outages, pricing updates, policy changes, or discontinuation of services by third-party providers. We will make reasonable efforts to notify clients of significant third-party service changes that may affect their websites or services, but we cannot guarantee such notifications or assume liability for third-party actions.

10. Termination of Service

HallmarkOC reserves the right to terminate or suspend services immediately, without prior notice, in cases of:

• Non-payment or repeated payment failures
• Abuse, harassment, or inappropriate use of services
• Illegal activities or violation of applicable laws
• Violation of these Terms of Service
• Security threats or malicious activity

In the event of termination, clients remain responsible for any outstanding fees, and HallmarkOC is not obligated to provide refunds or data recovery beyond what is required by law.

11. Changes to Terms

HallmarkOC may update these Terms of Service periodically to reflect changes in our services, legal requirements, or business practices. Significant changes will be communicated to active clients via email or through our website.

Continued use of HallmarkOC services after changes to these terms constitutes acceptance of the updated terms. If you do not agree to updated terms, you should discontinue use of our services and cancel any active subscriptions.

12. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of California, United States. Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts located in California.

13. Contact Information

If you have questions, concerns, or need clarification regarding these Terms of Service, please contact us: