Please read these terms before purchasing or using Pivot Digital services. If a project document conflicts with these general terms, the project document controls for that specific work.
1. Acceptance of terms
By approving a quote or statement of work, paying an invoice, requesting that work begin, or using an ongoing service, you agree to these terms and any project-specific terms provided to you. If you are acting for a business or organization, you confirm that you have authority to accept the terms on its behalf.
2. Services
Pivot Digital provides services that may include web design and development, website hosting and maintenance, workflow automation, web application and portal development, technical consulting, domain/DNS/SSL setup, and launch or technical rescue support. The exact deliverables, timeline, assumptions, and support level depend on the applicable quote, invoice, statement of work, or written agreement.
3. Quotes, invoices, and payment
Quotes are estimates or offers based on the information available when prepared and may have an expiration date. Invoices state the amount, due date, deposit, milestone, recurring charge, or other payment terms for the work. You agree to pay approved charges on time. Work, delivery, launch, support, or service access may be paused when an invoice is overdue, subject to any project-specific agreement and reasonable notice where practical.
Taxes, third-party fees, licenses, domain fees, hosting costs, transaction fees, or other pass-through expenses are the client's responsibility when identified in the project documents or approved during the work.
4. Project scope and changes
The agreed scope defines what is included. New features, revisions beyond an agreed round, changed assumptions, additional integrations, missing content work, or other requests outside that scope may require a change request, revised timeline, and additional fee. We will aim to identify material scope changes before performing the added work.
5. Client responsibilities
You are responsible for providing accurate information, usable content, timely feedback and approvals, and the accounts or access reasonably needed to complete the work. You confirm that you have the right to provide any content, data, trademarks, images, software, or other materials you give us. Delayed content, feedback, approvals, access, or decisions may move the schedule or increase the work required.
You are also responsible for reviewing deliverables and reporting material errors within any review period stated in the project documents.
6. Hosting and maintenance
Hosting, domains, DNS, SSL, email, networks, APIs, and other infrastructure may depend on third-party providers. Availability, performance, and recovery can be affected by those providers, internet conditions, maintenance, attacks, configuration changes, or events outside Pivot Digital's reasonable control. We do not promise uninterrupted or error-free availability.
Maintenance or care plans cover only the services, systems, response expectations, and time included in the applicable agreement. Additional development, emergency work, major upgrades, content entry, vendor remediation, or recovery work may require separate approval and fees.
7. Cancellations and refunds
Cancellation and refund requests are handled case-by-case based on work already performed, time reserved, non-refundable third-party costs, delivered items, and the terms of the applicable agreement. Unless a project document says otherwise, completed work and costs already incurred are not refundable. Either party may end ongoing services according to any notice or minimum-term requirements in the applicable agreement.
8. Intellectual property
After full payment, the client owns the final custom deliverables created specifically for the client, unless the project documents say otherwise. Drafts, unused concepts, and unpaid deliverables remain with Pivot Digital.
Pivot Digital may continue to use general knowledge, experience, methods, code patterns, utilities, processes, tools, and templates that are not unique confidential client materials. Third-party software, fonts, themes, plugins, stock assets, open-source components, platforms, and other licensed materials remain subject to their own license terms and are not transferred beyond what those licenses allow.
9. Acceptable use
You may not use Pivot Digital services or deliverables for illegal, abusive, fraudulent, infringing, harassing, or harmful activity; to distribute malware; to interfere with systems or other users; or to violate the rights of another person or organization. We may suspend assistance or services when reasonably necessary to address unlawful use, a material security risk, or a serious breach of these terms.
10. Results and warranties
Pivot Digital will provide services with reasonable professional care, but does not guarantee a specific business result, revenue level, search ranking, conversion rate, audience response, uninterrupted operation, or outcome controlled by third parties or market conditions. Except for promises expressly stated in an applicable agreement, services and deliverables are provided without additional warranties to the extent permitted by law.
11. Limitation of liability
To the extent permitted by law, Pivot Digital will not be liable for indirect, incidental, special, punitive, or consequential damages, or for lost profits, revenue, data, opportunities, or business interruption arising from the services. To the extent permitted by law, Pivot Digital's total liability for a claim will not exceed the amount paid to Pivot Digital for the specific services giving rise to that claim during the six months before the event. These limits do not apply where the law does not allow them.
12. Governing law
These terms are governed by the laws of the State of Arizona, United States, without regard to conflict-of-law principles. Any project-specific agreement may include additional dispute-resolution or venue terms.
13. Contact
Questions about these terms can be sent to: connect@pivotdigitalstudio.com.