Georgia Web Development Terms and Conditions of Service
Last Updated: August 22, 2026
These Terms and Conditions of Service (“Terms”) govern services provided by Mark D. Hulett, operating under the business and brand name Georgia Web Development (“Georgia Web Development,” “we,” “us,” or “our”), to the individual, business or organization purchasing or receiving services (“Client,” “you,” or “your”). For purposes of these Terms, references to Georgia Web Development and Mark D. Hulett refer to the same service provider.
By accepting a proposal, authorizing work, submitting a Project Commencement Payment, purchasing services, or otherwise engaging Georgia Web Development to perform services, Client acknowledges that Client has read, understands and agrees to these Terms.
Project-specific proposals, estimates, statements of work, invoices and other written agreements may contain additional or different terms. When a project-specific written agreement expressly conflicts with these general Terms, the project-specific agreement will control with respect to that Project.
1. Agreement and Acceptance
These Terms, together with any applicable proposal, estimate, statement of work, invoice, maintenance agreement, hosting agreement or other written Project documentation, constitute the agreement between Georgia Web Development and Client for the applicable Services.
Electronic approval, email authorization, payment of an invoice or Project Commencement Payment, or instructing Georgia Web Development to begin work may constitute acceptance of the applicable agreement and these Terms.
2. Definitions
Client Content means text, photographs, videos, logos, product information, pricing, customer data, trademarks, documents, files and other materials supplied by Client or supplied on Client’s behalf.
Deliverables means the work product specifically identified for delivery to Client under an applicable proposal or agreement.
Project means the services and Deliverables described in an applicable proposal, estimate, statement of work or other written authorization.
Services means website design, website development, eCommerce development, managed hosting, maintenance, technical support, SEO, analytics, digital marketing, consulting, integrations, server administration, content services and other digital or technical services provided by Georgia Web Development.
Third-Party Services means software, plugins, themes, extensions, APIs, payment processors, hosting infrastructure, domain registrars, email providers, cloud services, advertising platforms, analytics platforms, social networks and other products or services not owned or directly controlled by Georgia Web Development.
Georgia Web Development Tools means pre-existing or independently developed software, code, scripts, processes, development methods, configurations, libraries, templates, utilities, server configurations and other proprietary tools used by Georgia Web Development in providing the Services.
3. Proposals, Scope and Project Commencement
Proposal Validity
Unless otherwise stated, proposals and Project estimates are valid for 30 days from the date presented. Pricing, scheduling, availability, technology requirements and other terms may be revised after that period.
Project Scope
The Project includes only the Services and Deliverables expressly identified in the applicable proposal or written agreement. Features, functionality, content, products, integrations, revisions or services not reasonably included within the documented scope may be considered additional work.
Project Commencement Payment
Unless otherwise stated in the applicable proposal, custom website and eCommerce Projects generally require a 50% Project Commencement Payment before work is scheduled or begins, with the remaining balance due upon completion and approval for live launch.
The Project Commencement Payment reserves development resources and authorizes Georgia Web Development to begin planning, scheduling, configuration, design, development and other work associated with the Project.
Project Commencement Payments are non-refundable once the Project has been scheduled or work has begun.
Individual proposals may establish different payment schedules, milestones or commencement requirements depending upon Project size, duration and complexity.
4. Fees, Payments and Billing
Invoices
Invoices are due according to the payment terms stated on the invoice or applicable proposal. Unless otherwise specified, invoices are payable upon receipt.
Georgia Web Development may suspend work, support, maintenance, hosting or other Services when an account becomes materially past due.
Payment Recipient
Invoices, proposals and payment instructions may identify Georgia Web Development and/or Mark D. Hulett as the payment recipient. Payments made payable to either Georgia Web Development or Mark D. Hulett in accordance with the payment instructions provided will be considered payment for Services under the applicable agreement.
Additional Work
Work outside the agreed Project scope will be billed at Georgia Web Development’s then-current hourly rate or quoted separately before substantial additional work is undertaken.
Client authorization by email, text message, telephone conversation or other documented communication may constitute authorization for additional work when the nature and expected cost of that work have been reasonably communicated.
Third-Party and Outside Costs
Unless specifically included in a proposal, Client is responsible for third-party expenses required for the Project, including software licenses, premium plugins or extensions, stock photography, advertising costs, domain registrations, commercial fonts, email services, payment processing fees, SaaS subscriptions, API usage, shipping services and other external services.
Late Payments
Overdue balances may be subject to a service charge of up to 1.5% per month or the maximum amount permitted by applicable law, whichever is less.
Client is responsible for reasonable collection expenses incurred as a result of delinquent or defaulted payments to the extent permitted by law.
Georgia Web Development may withhold Deliverables, credentials, transfers, licenses or intellectual property assignments until all amounts associated with the applicable Project are paid in full.
5. Client Responsibilities
Client agrees to reasonably and timely:
- Provide accurate information, instructions, content and materials necessary to complete the Project.
- Provide appropriate access to websites, servers, domain accounts, software, advertising accounts, analytics platforms and other systems when required.
- Review Deliverables and provide approvals, corrections and decisions within reasonable timeframes.
- Coordinate decisions involving Client’s employees, contractors, vendors and other third parties.
- Verify the accuracy of Client Content, including pricing, product information, addresses, telephone numbers, policies and other business information.
- Perform final proofreading and review before approving a website, campaign or other Deliverable for publication or live launch.
- Maintain appropriate licenses and legal rights to materials supplied to Georgia Web Development.
- Comply with laws and regulations applicable to Client’s business, products, services and use of the Deliverables.
Georgia Web Development is not responsible for delays resulting from Client’s failure to provide required materials, access, approvals, instructions or decisions.
6. Changes, Revisions and Additional Scope
Georgia Web Development understands that Projects evolve. Reasonable revisions within the agreed scope are handled according to the applicable proposal.
Requests that materially alter the original Project scope, functionality, design, product configuration, integrations, content requirements or technical requirements may require additional fees and additional development time.
Examples may include additional pages or products, complex product variations, custom pricing systems, third-party integrations, data migrations, custom programming, significant redesigns, additional payment or shipping systems, or substantial changes requested after previously completed work has been approved.
When requested changes materially alter the Project, Georgia Web Development may provide an additional estimate, change order or revised proposal before proceeding.
Changes to scope may also affect estimated completion and launch dates.
7. Project Scheduling, Client Delays and Inactivity
Georgia Web Development will make commercially reasonable efforts to meet projected schedules. Project timelines are estimates unless a specific deadline is expressly guaranteed in writing.
Timely completion depends upon Client providing content, credentials, approvals, feedback and decisions when needed.
If Client becomes unresponsive or fails to provide required materials or approvals for 30 days or more, Georgia Web Development may classify the Project as inactive and remove it from the active production schedule.
When an inactive Project resumes, it may be rescheduled according to current workload and availability. A reactivation or restart fee may apply when substantial administrative, technical or development work is required to resume the Project.
Extended Client delays may also require reevaluation of pricing or technical scope when software, licensing, hosting, security or other Project requirements have changed during the delay.
8. Testing, Approval and Live Launch
Georgia Web Development will exercise commercially reasonable efforts to test Deliverables before presentation or launch.
Client is responsible for reviewing the Deliverables and reporting errors, omissions or material deviations from the agreed scope within a reasonable period.
Unless otherwise specified, Client should report Project-related deficiencies within five business days of receiving a Deliverable for final review.
Client approval for live launch constitutes acceptance of the Deliverable as substantially complete, except for defects that could not reasonably have been discovered during normal review.
Requests for additions, redesigns or changes after approval are not considered corrections merely because they are requested after launch and may constitute additional billable work.
9. Website Design and Development
Website development may include design, responsive layout development, CMS configuration, database configuration, custom programming, content implementation, forms, hosting configuration and other functionality specified in the applicable proposal.
Georgia Web Development develops websites for current mainstream browsers, devices and technologies using commercially reasonable industry practices. Identical appearance or functionality across every browser, device, operating system, screen size or future technology is not guaranteed.
Changes made by Client or third parties after delivery may affect website functionality, appearance, performance, security or compatibility and may void applicable warranties covering the affected work.
10. eCommerce Development
eCommerce Projects may involve platforms such as WooCommerce, Magento or other commerce technologies together with payment gateways, tax systems, shipping services, product databases, inventory systems and external integrations.
Unless expressly included in the Project scope, product entry, product data cleanup, complex product configuration, data migration, ERP integration, custom pricing, tax configuration, shipping configuration and third-party system integration may constitute additional work.
Client is responsible for verifying product information, pricing, taxes, shipping rules, inventory information, refund policies and other commercial information before and after launch.
Payment processing is performed by independent third-party payment providers such as Stripe or other compatible providers selected for the Project. Georgia Web Development does not receive, control or guarantee settlement of funds processed through third-party payment systems.
11. Managed Hosting, Domains, Email and SSL
Managed Hosting
Georgia Web Development may provide managed website hosting using servers, data centers, network providers and other infrastructure operated directly or through third-party providers.
Hosting services may include server administration, monitoring, security measures, backups, performance configuration and other services according to Client’s hosting plan.
Georgia Web Development strives to provide reliable hosting but does not guarantee uninterrupted availability. Internet routing failures, data center issues, software failures, attacks, upstream provider outages, maintenance and events outside Georgia Web Development’s reasonable control may temporarily affect availability.
Hosting Renewals and Nonpayment
Hosting and related recurring Services are billed according to the applicable hosting agreement or invoice. Georgia Web Development may suspend or terminate hosting for materially overdue accounts after reasonable notice.
Client remains responsible for maintaining current contact and billing information.
Domain Names
Domain registrations are subject to the policies and requirements of third-party registrars and registries. Client is responsible for timely renewal costs unless domain management is expressly included in a Georgia Web Development service.
Georgia Web Development is not responsible for loss of a domain resulting from Client’s failure to pay renewal charges, maintain accurate registrant information, respond to registrar requirements or comply with applicable domain policies.
Email Services
Email services may be provided through Georgia Web Development infrastructure or third-party providers. Email delivery cannot be guaranteed because delivery depends upon receiving servers, spam filters, reputation systems, DNS configuration and other systems outside Georgia Web Development’s control.
SSL Certificates
Georgia Web Development may install, configure and manage SSL certificates as part of a Project or hosting service. SSL certificates and renewals may be included in certain hosting arrangements or billed separately depending upon the certificate and hosting configuration.
12. Maintenance, Support and Software Updates
Website maintenance and support Services are governed by the applicable maintenance plan, proposal or invoice.
Maintenance may include software updates, monitoring, backups, security work, troubleshooting, content changes and development assistance depending upon the purchased plan.
Monthly maintenance, support or development time does not accumulate or roll over from month to month unless expressly stated otherwise in writing.
Unused service time has no cash value and cannot be transferred between Clients or unrelated websites unless approved by Georgia Web Development.
Maintenance Services do not constitute a guarantee that third-party software will remain error-free, compatible, secure or continuously supported by its developer.
13. Third-Party Software, Services and Integrations
Modern websites depend upon third-party software and services. Georgia Web Development may recommend, install, configure or integrate third-party products when appropriate for a Project.
Third-Party Services remain subject to their respective providers’ terms, licensing, availability, pricing, policies and technical limitations.
Georgia Web Development cannot guarantee that a third-party provider will continue a product, maintain compatibility, preserve existing pricing, maintain an API, approve an account or provide uninterrupted service.
Changes made by WordPress, WooCommerce, Magento, Google, Stripe, Meta, Microsoft, hosting providers, plugin developers, payment processors, shipping providers, tax services or other third parties may require future maintenance or development work.
Unless expressly included under an active maintenance agreement or warranty, work required because of third-party changes may be billable.
Agency and Developer Licenses
Georgia Web Development may use software licensed under agency, developer, unlimited-site or other licenses owned or maintained by Georgia Web Development.
Such licenses do not become Client property merely because the licensed software is used on Client’s website.
If Client terminates Services or transfers the website to another provider, Client may be required to purchase its own licenses to continue receiving updates, support or functionality from applicable software vendors.
14. Security, Backups and Emergency Actions
Georgia Web Development uses commercially reasonable security practices appropriate to the Services provided. No website, server, network or online system can be guaranteed completely secure.
Georgia Web Development does not warrant that a website will never be hacked, infected, attacked, exploited, subjected to distributed denial-of-service activity or otherwise compromised.
When Georgia Web Development reasonably believes immediate action is necessary to protect Client’s website, other hosted Clients, server infrastructure or network security, Georgia Web Development may temporarily disable affected functionality, block traffic, isolate files, disable compromised accounts or take other reasonable protective measures without advance approval.
Georgia Web Development will make reasonable efforts to notify Client when significant emergency action has been taken.
Emergency remediation beyond Services included in Client’s hosting or maintenance plan may be billable.
Backups
Where backups are included, Georgia Web Development will use commercially reasonable procedures to maintain them. Backups are a disaster-recovery measure and are not guaranteed to contain every version, file, transaction or change.
Client should maintain independent copies of business-critical data when appropriate.
15. SEO, Analytics, Advertising and Digital Marketing
Georgia Web Development may provide search engine optimization, analytics, advertising, social media, content and other digital marketing Services.
Georgia Web Development does not guarantee specific search rankings, website traffic, leads, conversions, advertising results, sales or revenue.
Search engines, advertising networks and social platforms independently control their algorithms, policies, rankings, account approvals, advertising approvals and other systems.
Google, Microsoft, Meta and other third parties may change their algorithms, policies, interfaces, tracking systems or services at any time.
Georgia Web Development is not responsible for ranking changes, advertising suspensions, account restrictions, algorithm updates or other actions taken independently by third-party platforms.
16. AI-Assisted Tools and Technology
Georgia Web Development may use artificial intelligence and other technology-assisted tools as part of its professional workflow for research, analysis, development, programming, troubleshooting, content preparation, design assistance, data organization and other appropriate tasks.
Such tools are used as part of Georgia Web Development’s professional process and do not replace Georgia Web Development’s responsibility for the Services and Deliverables provided to Client.
Georgia Web Development will exercise reasonable professional judgment regarding the use of AI-assisted tools and will not intentionally submit confidential Client credentials, passwords, payment information or other highly sensitive information to public AI systems as part of routine Project work.
17. Accessibility, Privacy and Legal Compliance
Georgia Web Development is a website development and digital services provider and does not provide legal, accounting or regulatory advice.
Unless expressly included in a written proposal, Georgia Web Development does not guarantee that a website or other Deliverable complies with every law, regulation, accessibility standard, privacy requirement, industry standard or contractual requirement applicable to Client.
This includes, without limitation, ADA or WCAG accessibility requirements, privacy laws, cookie-consent requirements, data-retention requirements, PCI requirements and industry-specific regulatory requirements.
Georgia Web Development may assist with implementation of accessibility, privacy, security or compliance technologies when requested, but Client remains responsible for determining the legal requirements applicable to its business and obtaining appropriate professional advice.
18. Intellectual Property and Website Ownership
Client Content
Client retains ownership of Client Content and pre-existing intellectual property supplied by Client.
Client grants Georgia Web Development permission to use, reproduce, modify and process Client Content as reasonably necessary to perform the Services.
Final Deliverables
Upon completion of the Project and payment in full of all amounts due, Client receives ownership of the original Final Deliverables created specifically for Client, subject to the exclusions contained in these Terms.
Georgia Web Development Tools
Georgia Web Development retains ownership of its pre-existing and independently developed tools, code, processes, libraries, scripts, development techniques, server configurations, utilities, reusable components and general technical knowledge.
To the extent Georgia Web Development Tools are incorporated into a Final Deliverable, Client receives the rights reasonably necessary to use the Final Deliverable for its intended purpose but does not acquire ownership of the underlying Georgia Web Development Tools.
Third-Party Materials
Third-party software, themes, plugins, fonts, stock media, APIs and other licensed materials remain the property of their respective owners and are governed by their applicable licenses.
Ownership Is Conditioned Upon Payment
No transfer or assignment of Georgia Web Development’s ownership rights in Final Deliverables occurs until all amounts due for the applicable Project have been paid in full.
19. Client Content and Third-Party Materials
Client represents that it owns or has permission to use all Client Content supplied to Georgia Web Development.
Client is responsible for securing necessary copyright, trademark, publicity, privacy and other permissions relating to Client Content.
Georgia Web Development is not responsible for claims resulting from materials supplied, selected or specifically requested by Client when Client does not possess the necessary rights to use those materials.
20. Confidentiality
Each party may receive confidential business, technical or proprietary information from the other while performing the Project.
Each party agrees to use reasonable care to protect confidential information and to use such information only as reasonably necessary to perform or receive the Services.
Confidential information does not include information that is publicly available through no breach of these Terms, independently developed without use of the other party’s confidential information, or lawfully obtained from another source.
Disclosure may also be made when required by applicable law, court order or governmental authority.
21. Portfolio, Attribution and Promotional Rights
Unless Client expressly requests otherwise in writing, Georgia Web Development may identify Client as a customer and display publicly released Deliverables in Georgia Web Development’s portfolio, website, social media, proposals, case studies and other promotional materials.
Georgia Web Development may include a reasonable website development or digital services credit and link on websites it develops or manages unless otherwise agreed in writing.
Client may request removal of promotional attribution, subject to any different terms contained in the applicable proposal or agreement.
22. Warranties and Disclaimers
Georgia Web Development warrants that Services will be performed in a professional and workmanlike manner consistent with reasonable industry practices.
Georgia Web Development will make commercially reasonable efforts to correct verified deficiencies in its original work reported within an applicable warranty or acceptance period.
Warranty coverage does not apply to problems caused by:
- Changes made by Client or another developer, contractor or third party.
- Third-party software, services, APIs or platforms.
- Software updates or changes occurring after delivery.
- Malware, attacks, unauthorized access or compromised credentials not caused by Georgia Web Development’s gross negligence or willful misconduct.
- Client Content or inaccurate information supplied by Client.
- Failure to appropriately maintain or update the website.
- Use of the Deliverables outside their intended or agreed purpose.
Except for warranties expressly stated in writing, Services and Deliverables are provided without additional express or implied warranties to the fullest extent permitted by applicable law.
23. Indemnification and Limitation of Liability
Client Indemnification
To the extent permitted by law, Client agrees to indemnify, defend and hold harmless Mark D. Hulett and Georgia Web Development from third-party claims, damages, liabilities and reasonable expenses arising from Client Content, Client’s products or services, Client’s violation of law, Client’s misuse of the Deliverables or Client’s breach of these Terms.
Limitation of Liability
To the fullest extent permitted by applicable law, Mark D. Hulett and Georgia Web Development will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, including lost profits, lost revenue, lost business opportunities, loss of goodwill or business interruption arising from the Services.
Georgia Web Development will not be responsible for losses caused by Third-Party Services, internet outages, software vendors, hosting providers, payment processors, search engines, advertising platforms, unauthorized third parties or other circumstances outside Georgia Web Development’s reasonable control.
To the fullest extent permitted by applicable law, the aggregate liability of Mark D. Hulett and Georgia Web Development arising from a particular Project or Service will not exceed the amount actually paid by Client for the specific Project or Service giving rise to the claim during the twelve months immediately preceding the event giving rise to the claim.
Nothing in these Terms limits liability that cannot legally be limited or excluded under applicable law.
24. Project Cancellation, Termination and Refunds
Custom Website and eCommerce Projects
Project Commencement Payments for custom website design, website development, eCommerce development and other custom Projects reserve development resources and authorize work to begin.
Once a Project has been scheduled or work has begun, the Project Commencement Payment is non-refundable.
If Client cancels, postpones or abandons a Project after work begins, amounts already paid will be retained and Client remains responsible for authorized work, expenses and third-party costs exceeding amounts already paid.
If work completed at the time of cancellation exceeds the amount already paid, Georgia Web Development may invoice Client for the additional completed work at the applicable Project or then-current hourly rate.
Termination by Georgia Web Development
Georgia Web Development may suspend or terminate Services for material nonpayment, abusive conduct, unlawful activity, security threats, repeated violations of these Terms or other material breaches of the applicable agreement.
When reasonably practical, Georgia Web Development will provide Client an opportunity to correct a remediable breach before termination.
Recurring Services
Hosting, maintenance and other recurring Services may be cancelled according to the terms of the applicable service agreement or billing arrangement. Fees already earned or attributable to a current service period are generally non-refundable unless otherwise required by law or expressly agreed in writing.
25. Chargebacks and Payment Disputes
Client agrees to contact Georgia Web Development promptly regarding billing questions or disputed charges so the parties have an opportunity to investigate and resolve the matter.
If Client initiates a chargeback, bank dispute or payment reversal, Georgia Web Development may suspend the associated Project, hosting, maintenance, Deliverables or other Services while the dispute is pending.
Client remains responsible for valid charges, outstanding balances and reasonable chargeback or processing fees assessed against Georgia Web Development in connection with an unsuccessful or improperly initiated payment dispute, to the extent permitted by law.
Georgia Web Development may require resolution of outstanding payment disputes before restoring suspended Services or performing additional work.
26. Independent Contractor Relationship
Mark D. Hulett, operating as Georgia Web Development, provides Services as an independent contractor and is not an employee, partner, joint venturer or agent of Client.
Nothing in these Terms authorizes either party to enter into obligations on behalf of the other except as expressly agreed.
Georgia Web Development may use qualified employees, independent contractors, consultants or specialized service providers when reasonably necessary to provide the Services and remains responsible for managing the work performed under the applicable agreement.
Nothing in these Terms creates an exclusive relationship. Georgia Web Development may provide similar Services to other businesses, including businesses operating within the same or similar industries.
27. Force Majeure
Georgia Web Development will not be considered in breach for delays or inability to perform caused by circumstances reasonably outside its control, including severe weather, natural disasters, fire, widespread internet or telecommunications outages, data center failures, utility failures, governmental actions, war, terrorism, civil unrest, labor disruptions, epidemics, pandemics, serious illness or incapacity, supply-chain disruptions, cyberattacks affecting third-party infrastructure or similar events.
When practical, Georgia Web Development will communicate material delays and make reasonable efforts to resume affected Services.
28. Governing Law and Dispute Resolution
These Terms and agreements governed by them shall be interpreted according to the laws of the State of Georgia, without regard to conflict-of-law principles.
The parties agree to first make a good-faith effort to resolve disputes through direct discussion and negotiation.
If a dispute cannot be resolved informally, the parties may mutually agree to mediation or arbitration.
Unless otherwise required by applicable law or agreed in writing, any court proceeding arising from these Terms or Services shall be brought in a court of competent jurisdiction located in or serving Colquitt County, Georgia, and the parties consent to such jurisdiction and venue.
The prevailing party in an action to enforce an agreement may recover reasonable attorneys’ fees and costs when permitted by applicable law or the applicable agreement.
29. General Provisions
Modification and Waiver
Project-specific agreements may be modified by mutual written agreement, including documented electronic communications. Failure by either party to enforce a provision on one occasion does not permanently waive that provision.
Assignment
Neither party may assign material rights or obligations under a Project agreement without the other party’s reasonable written consent, except in connection with a merger, acquisition, sale of substantially all business assets or similar business succession where permitted by law.
Severability
If any provision of these Terms is found invalid or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable where possible, and the remaining provisions will continue in effect.
Entire Agreement
These Terms together with the applicable proposal, statement of work, invoice or other written agreement constitute the agreement between Georgia Web Development and Client concerning the applicable Services and supersede prior discussions concerning the same Project to the extent they conflict with the final written agreement.
Survival
Payment obligations, intellectual property provisions, confidentiality obligations, indemnification provisions, liability limitations and other provisions that by their nature should survive completion or termination will remain effective after the Services end.
30. Changes to These Terms
Georgia Web Development may update these Terms periodically to reflect changes in Services, technologies, business practices or legal requirements.
Changes will be posted on this page together with an updated revision date. Unless otherwise required by law or agreed in writing, changes to these online Terms will apply prospectively and will not retroactively alter material terms of an already accepted Project agreement.
31. Contact Georgia Web Development
If you have questions regarding these Terms and Conditions of Service, please contact:
Georgia Web Development
Mark D. Hulett, Founder
250 Doc Darbyshire Rd
Suite 1 PMB 251
Moultrie, GA 31788
hello@gawebdev.com
229-234-0181
