1.
Services & Scope
White Quail provides website design, development, hosting, management, maintenance, domain-related assistance, and other web services as agreed with each client.
The specific services included in a client relationship may vary. Hosting or management of a website does not create an obligation for White Quail to provide unlimited design, development, marketing, technical support, consulting, or other services.
Routine updates may be included when specifically provided for by the client’s service arrangement. Larger changes, redesigns, new functionality, extensive content work, or requests outside the existing scope may require separate scheduling and pricing.
White Quail determines, acting reasonably, whether a requested change falls within routine maintenance or constitutes additional work.
2.
Availability & Turnaround
White Quail is intentionally operated as a small, selectively managed web business. Services are provided subject to availability and reasonable scheduling.
White Quail will make reasonable efforts to respond to and complete client requests in a practical timeframe, but no specific response time, completion time, service level, or emergency availability is guaranteed unless expressly agreed in writing.
Hosting or management services do not constitute 24-hour technical support or an emergency-response agreement.
Requests involving substantial changes, unusual complexity, third-party providers, technical problems, or circumstances outside White Quail’s control may require additional time.
3.
Choosing the Work
White Quail chooses its work carefully.
White Quail reserves the right to decline a new project, requested service, modification, feature, or continued business relationship when the work, timing, scope, expectations, subject matter, or relationship is not a good fit, subject to applicable law.
An existing hosting or management relationship does not obligate White Quail to accept additional projects or services.
When practical, White Quail will make reasonable efforts to communicate such decisions professionally and minimize unnecessary disruption.
4.
Client Content, Accuracy & Approval
Clients are responsible for the accuracy, legality, and appropriateness of information concerning their own businesses, including services, pricing, qualifications, warranties, policies, contact information, photographs, testimonials, claims, and other factual content.
White Quail may edit, organize, format, summarize, or draft content to improve its presentation. The client remains responsible for reviewing and approving factual representations about the client’s business.
Client approval of a website, page, update, or other material constitutes approval of the content presented at that time.
Clients should promptly notify White Quail when information becomes inaccurate or outdated.
5.
Ownership & Rights to Content
Clients represent that they own, license, or otherwise have permission to use materials they provide to White Quail, including photographs, logos, trademarks, text, video, graphics, and other intellectual property.
White Quail cannot independently determine the origin or licensing status of every item supplied by a client. The client is therefore responsible for claims resulting from materials, instructions, representations, or intellectual property supplied or specifically requested by the client.
To the extent permitted by law, the client agrees to defend and indemnify White Quail against third-party claims arising from client-supplied materials or instructions that infringe intellectual-property or other legal rights.
Unless otherwise agreed, clients retain ownership of their pre-existing business content, branding, photographs, and other materials they provide.
8.
Hosting, Domains, DNS & Third-Party Services
Modern websites depend on third-party services that may include hosting providers, domain registrars, DNS providers, email services, analytics systems, search engines, plugins, APIs, embedded services, and other technology.
White Quail does not control these providers and cannot guarantee their continuous availability, functionality, policies, pricing, compatibility, security, or continued operation.
Outages, attacks, registrar delays, DNS propagation, software failures, provider changes, service discontinuations, and similar events may occur outside White Quail’s control.
White Quail will make reasonable efforts to assist with problems affecting services it manages but is not responsible for failures caused by third parties or circumstances beyond its reasonable control.
9.
Domains & Client-Controlled Accounts
White Quail may register, renew, configure, transfer, or otherwise assist with domain names on behalf of clients when agreed.
Domain availability cannot be guaranteed. Transfers and changes may also be subject to registrar or ICANN requirements and delays outside White Quail’s control.
When a domain, DNS account, email account, website account, or other service is controlled by the client or another provider, the client is responsible for maintaining access, accurate contact information, payment, renewals, and credentials unless White Quail has expressly agreed to manage that responsibility.
White Quail is not responsible for disruptions caused by client changes, expired client-managed services, revoked access, lost credentials, unauthorized modifications, or actions taken by other vendors.
Domain names registered or managed by White Quail on behalf of a client may be transferred to the client or another registrar upon request, subject to applicable registrar requirements, transfer restrictions, outstanding domain-related charges and any separate written agreement. Domain transfer does not include transfer of the hosted website, its underlying implementation or associated managed services.
10.
Email Services
Website hosting does not include email hosting or email administration unless specifically agreed.
When White Quail assists with third-party email services, White Quail cannot guarantee email availability, delivery, spam filtering, account security, mailbox retention, or compatibility with third-party applications.
11.
Security, Backups & Availability
White Quail takes reasonable measures appropriate to the services provided to maintain functional and secure websites.
No website, hosting provider, network, backup system, or internet-connected service can be guaranteed to be completely secure, uninterrupted, or immune from hacking, malware, denial-of-service attacks, data loss, or other failures.
White Quail does not guarantee 100% uptime or absolute recovery of data.
When an unexpected problem occurs, White Quail will make reasonable efforts to investigate and restore services within its control.
12.
Accessibility, Privacy & Legal Compliance
White Quail endeavors to follow sound website practices, including reasonable consideration of mobile usability, accessibility, security, and privacy.
However, White Quail does not provide legal advice and does not guarantee that a website complies with every law, regulation, accessibility standard, industry requirement, licensing requirement, privacy regime, or other legal obligation applicable to a client’s business.
Clients operating in regulated industries or having specialized legal requirements are responsible for identifying those requirements and obtaining appropriate professional advice.
When White Quail provides or assists with privacy policies, terms, disclaimers, accessibility features, or other compliance-related material, those materials should not be interpreted as legal advice or a guarantee of compliance.
13.
Search Engines, Traffic & Business Results
White Quail builds websites using sound search fundamentals where appropriate, but does not guarantee search-engine rankings, indexing, website traffic, leads, inquiries, sales, revenue, or any other business result.
Search engines and other online platforms operate independently and continuously change their algorithms, policies, listings, and technology.
A professional website provides an official online presence for the client’s business. It is not, by itself, a guarantee of marketing performance.
14.
Pricing, Billing & Nonpayment
White Quail may use Web Relevant, its longstanding web services operation, for billing, payment processing, domain administration, hosting, email services, licensing, and other administrative or technical services. An invoice, receipt, charge, email, or account reference bearing the Web Relevant name does not represent a separate engagement or change to the services provided.
Pricing may change over time to reflect operating costs, third-party pricing, service requirements, or changes in the scope of services.
White Quail will make reasonable efforts to communicate pricing changes before or in connection with the billing cycle in which they take effect. Continued use or renewal of services after notice of a pricing change constitutes acceptance of the updated rate.
Unless otherwise agreed in writing, payments are non-refundable once the applicable service period or work has begun.
If an invoice remains unpaid, White Quail may suspend work or services to prevent continued expense or uncompensated work. Persistent or repeated nonpayment may result in suspension or termination of the client relationship.
Restoration of suspended services may depend on payment, technical feasibility, third-party availability, and the circumstances surrounding the suspension.
15.
Client-Caused Problems & Additional Work
Work required because of actions outside White Quail’s control may fall outside routine maintenance.
Examples include client or third-party changes to DNS records, domains, website settings, credentials, email configuration, integrations, external accounts, or website content.
White Quail may charge separately for substantial troubleshooting, restoration, migration, emergency work, or corrective work resulting from actions taken by the client or another provider.
16.
Portfolio & Attribution
Unless the client requests otherwise, White Quail may identify the client and display publicly available portions or screenshots of completed work as examples in White Quail’s portfolio, website, proposals, or other materials.
White Quail will not intentionally disclose confidential client information for portfolio purposes.
17.
Cancellation, Termination & Transition
Either party may end an ongoing service relationship unless a separate written agreement establishes different terms.
Amounts already paid are generally non-refundable.
Upon termination, White Quail will make reasonable efforts to facilitate the transfer of client domain registrations under its management, subject to applicable registrar requirements, payment obligations and technical restrictions.
Clients may retain their own business content, branding and materials. Where reasonably available, White Quail may provide client-supplied materials already in its possession, subject to applicable rights and agreements.
Unless expressly agreed otherwise in writing, cancellation does not include export, migration, reproduction, transfer or continued operation of the website developed and hosted through White Quail’s managed service. White Quail is not obligated to recreate the website on another platform or provide its underlying project files, software, configuration or proprietary implementation.
Any separately agreed transition assistance may require additional charges.
White Quail may suspend or discontinue services when reasonably necessary because of nonpayment, unlawful activity, abusive conduct, security concerns, unacceptable risk, material violation of these terms, or termination of the business relationship.
18.
Limitation of Liability
To the fullest extent permitted by applicable law, White Quail will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost business, lost opportunities, loss of data, loss of search visibility, or harm resulting from interruption of online services.
To the fullest extent permitted by applicable law, White Quail’s aggregate liability arising from services provided to a client will not exceed the amount actually paid by that client to White Quail for the affected service during the twelve months immediately preceding the event giving rise to the claim.
Nothing in these terms excludes liability that cannot legally be excluded or limited.
19.
Events Outside Reasonable Control
White Quail is not responsible for delays, failures, or losses caused by events outside its reasonable control, including failures of internet infrastructure, hosting providers, registrars, software vendors, utilities, telecommunications providers, government actions, natural disasters, cyberattacks, labor disruptions, or other unforeseen events.
White Quail will make reasonable efforts to address resulting problems affecting services within its control.
20.
Notices, Claims & Takedown Requests
White Quail respects intellectual-property and other legal rights.
Anyone who reasonably believes material published on a White Quail-managed website infringes copyright, trademark, or other legal rights may contact White Quail with sufficient information to identify the material and explain the concern.
White Quail may temporarily disable or remove disputed material while reviewing a legitimate complaint and may contact the applicable client for additional information.
Clients agree to cooperate reasonably in resolving legitimate complaints concerning material appearing on their websites.
21.
Governing Terms
These Terms & Conditions, together with applicable invoices, proposals, and written agreements, describe the general relationship between White Quail and its clients.
If a specific written agreement expressly conflicts with these general terms, the specific written agreement controls with respect to that subject.
Failure by White Quail to enforce a provision on one occasion does not waive the right to enforce it later.
If any provision is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.
These terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.
22.
Changes to These Terms
White Quail may revise these Terms & Conditions from time to time as its services, technology, costs, or business practices change.
For changes that materially affect an existing ongoing service relationship, White Quail will make reasonable efforts to provide notice through email, invoice communication, or another reasonable method.
Continued use or renewal of services following notice constitutes acceptance of the revised terms to the extent permitted by law.
23.
A Reasonable Relationship
White Quail is a small business providing practical web services at reasonable rates. The goal is a long-term relationship that works well for both sides.
Not every possible circumstance can be anticipated in a written document. When something unexpected happens, White Quail will make reasonable efforts to find a practical solution consistent with these terms, the services being provided, and the circumstances involved.