Terms of Service

1. Overview

These Terms of Service (“Terms”) govern your use of TikTokDesign.com, our online store, your Client Portal, and all website design, graphic design, print design, support, hourly, and white label services provided by TikTokDesign (“TikTokDesign,” “we,” “us,” or “our”), a web design and graphic design business based in El Paso, Texas.

By visiting our website, requesting a quote, placing an order, paying a deposit, or subscribing to a support plan, you agree to these Terms. If you do not agree, please do not use our website or services.

These Terms work together with our Privacy Policy, Cookie Policy, and Refund & Cancellation Policy. If your proposal, project agreement, or invoice includes different terms, those specific terms take priority for that project.

2. Eligibility and Accounts

Our website and services are intended for businesses and adults. By using our services, you confirm that you are at least 18 years old and have the authority to agree to these Terms for yourself or for the business you represent.

If you create an account or sign in with Google, you are responsible for keeping your login details secure and for all activity under your account. Please let us know right away if you believe your account has been accessed without your permission.

3. Our Services

TikTokDesign offers custom website design and development, graphic design and branding, print and marketing materials, Website Support plans, Graphic Design Support plans, hourly services, and white label services for agencies and other businesses. We also offer a free design review and a first small request option, as described on our website.

Prices shown on our website are starting prices for standard services. Custom projects are quoted individually based on scope, complexity, and timeline. The final scope, deliverables, price, and schedule for your project are the ones stated in your approved quote, proposal, project agreement, or invoice.

4. Quotes and Project Scope

Quotes are based on the information you provide at the time of your request. If the project requirements change, we may update the quote before work begins or provide a separate quote for the additional work. Work that falls outside the approved scope, such as new pages, new concepts, new functionality, or new deliverables, is quoted separately before we start it.

5. Pricing and Payment

• Most custom projects require a deposit before design or development begins.
• Larger website and custom design projects typically follow a milestone schedule of 50% to begin, 40% after the main design or development is completed, and 10% before final delivery or launch.
• Monthly support plans are billed in advance at the start of each billing cycle and renew automatically until cancelled.
• Payments are processed securely by Stripe. We do not see or store your full card number.
• Prices do not include applicable taxes or third party costs unless stated otherwise.

The remaining balance is due before final production files are released, ownership is transferred, or the website is launched, unless otherwise agreed in writing. If a payment is late or missed, we may pause work or suspend a support plan until your account is current.

6. Timelines and Your Responsibilities

For most projects, the initial design concept is typically provided within about 3 business days after we receive your deposit and all required content and materials. Most website projects take about 2 to 3 months, depending on the number of pages, functionality, content, and how quickly feedback is provided. Timelines are estimates and are not guaranteed.

To keep your project on schedule, you agree to:

• Provide content, images, logos, brand assets, and access details when requested
• Give clear and timely feedback and approvals
• Review all text, contact details, pricing, and other information for accuracy before final approval
• Make sure you have the right to use any materials you send us

If we are waiting on your content, feedback, or approvals for 5 days or more, your project may be placed on hold as described in our Refund & Cancellation Policy.

7. Revisions

Revisions are included within the approved design direction and original project scope. When your project agreement includes unlimited revisions, they apply to refinements such as colors, typography, images, spacing, layout details, and minor content updates within that direction and scope.

Revisions do not include a completely new creative direction, major structural redesigns, new concepts, additional pages, new functionality, major content rewriting, or new deliverables. We are happy to quote this additional work separately.

8. Approvals and Final Delivery

Your written approval of a design, proof, or website means you accept it as final. Once you approve a file for print or publishing, we are not responsible for errors that were present in the approved version, including spelling, contact details, pricing, or print costs caused by those errors.

Final files are delivered in the formats listed in your project scope, such as print ready PDF, high resolution JPG or PNG, web graphics, or presentation files. Editable source files are provided only when included in your project scope and available in a transferable format.

We may keep project files for a limited time for backup and future support, but we are not required to store them. Please keep your own copies of all final files and website backups.

9. Ownership and Intellectual Property

Your materials. You keep ownership of the logos, photos, text, and other materials you provide. You give us permission to use them to complete your project, and you confirm that using them will not violate anyone else’s rights.

Your final deliverables. Once your project is fully paid, you receive ownership rights to the approved final design deliverables created specifically for your project. Until full payment is received, all work remains the property of TikTokDesign.

What is not transferred. Unused concepts, drafts, and alternate versions remain the property of TikTokDesign. We also keep ownership of our own preexisting tools, code, templates, and processes, and we grant you a license to use them as part of your final deliverables.

Third party assets. Fonts, stock images, themes, plugins, and other licensed assets are subject to their own license terms and may not be transferable. Any required licenses are purchased in your name or at your cost when possible.

10. Portfolio and Confidentiality

We treat the materials and login details you share with us as confidential and use them only to complete your project. We recommend changing any passwords you shared with us once the work is finished.

When a project is complete, we may show the final design in our portfolio, case studies, or social media. If you would prefer that we do not, just let us know. We never show white label work or work covered by a confidentiality agreement without permission.

11. Third Party Products and Services

Some projects rely on outside providers for domains, hosting, business email, premium plugins, themes, fonts, stock images, printing, payment processing, or software licenses. These costs are separate unless included in your package, and they are subject to each provider’s own terms, pricing, and refund policies. We are not responsible for outages, price changes, security issues, or policy changes made by third party providers.

12. Support Plans and Hourly Services

• Website Support and Graphic Design Support plans require a 2 month minimum commitment. After that, you may cancel anytime before your next billing date.
• Included support time resets each billing cycle and does not roll over or convert to a refund.
• Most support requests are reviewed within one business day. Completion time depends on the size of the request and the turnaround listed in your plan.
• If a request needs more time than your plan includes, we will let you know before we start. Additional time is billed at our current active client hourly rate.
• Hourly services are billed for time reserved or used.
• Rush turnaround fees secure priority scheduling and are due before rush work begins.

Website Support covers the maintenance and updates included in your plan. It does not cover issues caused by your hosting provider, third party services, or changes made to the website by you or others, although we are happy to help with these at our hourly rate.

13. White Label and Reseller Services

For white label projects, the agency, freelancer, or business that hires TikTokDesign is our client. You are responsible for your relationship with your own clients, including your pricing, communication, approvals, and any refunds you offer them. Payment for our work is not dependent on whether your client pays you. We work discreetly as your behind the scenes partner and do not contact your clients directly unless you ask us to.

14. SEO, Performance, and Results

We follow SEO, AEO, GEO, and performance best practices, but no designer, developer, or SEO provider can guarantee rankings in Google, placement in AI generated search results, traffic, leads, or sales. Results shown in our case studies and reviews reflect individual projects and are not a promise of similar results.

15. Cancellations and Refunds

Because our work is custom, refund eligibility depends on the stage of your project and the work already completed. Please see our Refund & Cancellation Policy for full details. If you have a concern about a charge, please contact us before filing a chargeback so we can resolve it quickly.

16. Client Portal and Communication

Once your project begins, we will send you a private link to your Client Portal, where you can share files, send messages, review tasks, and view proposals and contracts. Please keep this link private. We may also contact you by email, phone, or text message about your project. You can reply STOP to any text message to opt out. For details, see our Privacy Policy.

17. Acceptable Use

When using our website or services, you agree not to:

• copy, modify, resell, or reverse engineer any materials or software on this website, except as allowed by these Terms;
• remove any copyright or other proprietary notices from our materials;
• use our website or services in a way that abuses, disrupts, or harms our systems or other users;
• send spam, malware, or harassing, fraudulent, obscene, or unlawful content;
• collect other users’ information without their consent;
• ask us to create work that infringes the intellectual property, privacy, or other rights of others; or
• use our website or services in violation of any applicable law.

We may decline or stop work on any request that we believe is unlawful, misleading, or harmful.

18. Website Content

The text, graphics, portfolio pieces, logos, and other materials on TikTokDesign.com are owned by or licensed to TikTokDesign and are protected by copyright and trademark law. You may view and download them for your own personal, noncommercial reference. This is a license, not a transfer of ownership, and it ends automatically if you violate these Terms.

The information on our website is for general purposes only. We work to keep it accurate and current, but prices, features, and availability may change without notice.

19. Disclaimer of Warranties

Our website and its materials are provided on an “as is” and “as available” basis. To the extent permitted by law, TikTokDesign disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and noninfringement. We do not guarantee that our website will always be available, uninterrupted, or free of errors. Warranties for your specific project, if any, are limited to those stated in your project agreement.

20. Limitation of Liability

To the extent permitted by law, TikTokDesign will not be liable for any indirect, incidental, special, or consequential loss, including loss of profit, revenue, business, goodwill, opportunity, or data, arising from your use of our website or services, even if we were advised of the possibility of such loss.

Our total liability for any claim related to a service is limited to the amount you paid TikTokDesign for that specific service. Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.

21. Indemnification

You agree to protect and hold harmless TikTokDesign from any claims, losses, or expenses, including reasonable legal fees, that arise from materials you provide to us, content you ask us to publish, or your violation of these Terms or the rights of others.

22. Links to Other Websites

Our website may link to other websites and social media platforms. We do not control and are not responsible for their content, products, or privacy practices. A link does not mean we endorse the site, and you use any linked site at your own risk.

23. Suspension and Termination

We may suspend or end your access to our website, Client Portal, or services if you violate these Terms, fail to make required payments, or communicate in an abusive way. Cancellation of projects and support plans is handled as described in our Refund & Cancellation Policy. Sections that by their nature should continue, such as payment, ownership, and limitation of liability, will remain in effect after termination.

24. Governing Law and Disputes

If you have a concern, please contact us first. Most issues can be resolved quickly and informally. These Terms are governed by the laws of the State of Texas, without regard to its conflict of law rules. Any dispute that cannot be resolved informally will be handled in the state or federal courts located in El Paso County, Texas, and you agree to the jurisdiction of those courts.

25. General

• Entire agreement. These Terms, our policies, and your project agreement are the full agreement between you and TikTokDesign.
• Severability. If any part of these Terms is found to be unenforceable, the rest of these Terms will remain in effect.
• No waiver. If we do not enforce a part of these Terms right away, we do not give up our right to enforce it later.
• Events outside our control. We are not responsible for delays caused by events beyond our reasonable control, such as outages, natural disasters, illness, or failures of third party providers.

26. Changes to These Terms

We may update these Terms from time to time. The version posted on this page, along with the Last Updated date, applies to all new purchases and to your continued use of our website. Projects already underway will follow the terms in effect when the project agreement or invoice was accepted.

27. Contact Us

If you have questions about these Terms, please visit our FAQs or contact us:

TikTokDesign
Email: support@tiktokdesign.com
Phone: 915.895.6996