Terms of Service
Effective Date: November 3, 2025
Last Updated: November 3, 2025
These Terms of Service ("Terms") govern your access to and use of the website tssconsultingcompany.com (the "Site") and the services provided by TSS Consulting Company, LLC ("we," "us," or "our").
By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site or our services.
Services
We provide professional website design and development services for service-based businesses, including but not limited to:
Custom website design and development on the Squarespace platform
Strategic consultation and planning
Website optimization and technical implementation
Client training and post-launch support
Additional services as described on our Services page
The specific scope, deliverables, timeline, and pricing for your project will be outlined in a separate service agreement or proposal.
Use of the Site
Permitted Use
You may use the Site for lawful purposes only, including:
Learning about our services
Contacting us for inquiries
Downloading resources we provide (lead magnets, guides)
Booking discovery calls or consultations
Accessing information about web development
Prohibited Use
You may not use the Site to:
Violate any applicable laws or regulations
Infringe on intellectual property rights
Transmit harmful code, viruses, or malware
Attempt to gain unauthorized access to our systems
Scrape, harvest, or collect data from the Site using automated means
Impersonate us or misrepresent your affiliation with us
Use the Site for any fraudulent or malicious purposes
Resell, redistribute, or commercialize our content without permission
Intellectual Property
Our Content
All content on the Site, including but not limited to text, graphics, logos, images, design elements, code, and software, is the property of [Your Name/Business Name] or our licensors and is protected by copyright, trademark, and other intellectual property laws.
You may not:
Copy, reproduce, distribute, or create derivative works from our content without written permission
Use our trademarks, logos, or brand elements without authorization
Remove or alter any copyright, trademark, or other proprietary notices
Your Content
When you submit content to us (such as through contact forms, emails, or project materials), you grant us a non-exclusive, royalty-free license to use, reproduce, and display that content for the purpose of providing our services to you.
You represent and warrant that:
You own or have the right to submit the content
The content does not infringe on any third-party rights
The content complies with these Terms
Client Projects and Services
Service Agreements
Specific terms for website development projects, including scope, deliverables, timeline, pricing, payment terms, and revisions, will be outlined in a separate service agreement or proposal that you will sign before work begins.
These Terms of Service apply to your use of the Site. Your service agreement governs the actual delivery of website development services.
Payment Terms
Deposits and Final Payments
50% deposit is required before work begins on any project
50% final payment is due upon project completion before the website goes live
Payment methods accepted: Bank transfer, check, or payment processor (Stripe)
All fees are non-refundable except as outlined in the Refund Policy below
Late Payments
Invoices are due within the timeframe specified in your service agreement
Late payments may result in suspension of work or services
A late fee of 1.5% per month (or the maximum allowed by law) may be applied to overdue balances
Project Timeline
Project timelines are estimates based on timely client cooperation
Delays caused by late content delivery, slow feedback, or unavailability may extend the timeline
We will communicate any timeline changes promptly
Client Responsibilities
To ensure successful project completion, you agree to:
Provide all required content and materials by the agreed deadlines
Respond to requests for feedback within 2-3 business days
Attend scheduled meetings and calls
Provide access to necessary accounts and platforms
Review deliverables thoroughly and provide clear, consolidated feedback
Make timely payments as outlined in the service agreement
Revisions
Two (2) revision rounds are included in the standard service package during the Review & Refinement phase
Additional revisions beyond the included rounds are available for $500 per round
Revisions must be requested within the revision phase; major changes after project completion are considered new work and will be quoted separately
Scope Changes
Any changes to the agreed scope of work must be requested in writing
Scope changes may affect timeline and pricing
We will provide a revised quote for approval before implementing scope changes
Client must approve scope changes and any additional fees before work proceeds
Refund Policy
Deposit Refunds
Deposits are non-refundable once work has commenced. This is because we dedicate time and resources to your project immediately upon receiving your deposit.
However, if you cancel before any work has begun (within 48 hours of payment and before the kickoff meeting), we will refund your deposit minus a $250 administrative fee.
Final Payment Refunds
Final payments are non-refundable once the website has been delivered and approved by you.
Project Cancellation
If you choose to cancel the project mid-stream:
You will be invoiced for work completed to date at our standard hourly rate
Any deposit paid will be applied to this invoice
You will receive all work completed up to the cancellation date
No refunds will be issued for work already completed
Our Right to Terminate
We reserve the right to terminate a project if:
You fail to provide required materials or feedback within 30 days
You fail to make payments as agreed
You violate these Terms or the service agreement
The working relationship becomes untenable
In such cases, you will be invoiced for work completed to date, and no refunds will be issued.
Warranties and Disclaimers
Our Warranties
We warrant that:
Services will be performed in a professional and workmanlike manner
Websites will be built according to industry best practices
Websites will be technically sound and functional at the time of delivery
We have the right and authority to provide the services
Disclaimer of Other Warranties
EXCEPT AS EXPRESSLY STATED ABOVE, OUR SERVICES AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
Warranties of merchantability or fitness for a particular purpose
Guarantees of specific results, traffic, or conversions
Uninterrupted or error-free operation
Accuracy, reliability, or completeness of content
No Guarantee of Results
We do not guarantee:
Specific search engine rankings or SEO results
Specific website traffic or visitor numbers
Specific conversion rates or sales
Specific business outcomes or revenue
Website performance depends on many factors outside our control, including your business model, market conditions, content quality, marketing efforts, and more.
Third-Party Services
We may use or recommend third-party services (such as Squarespace, email providers, scheduling tools, etc.). We are not responsible for:
The performance, reliability, or availability of third-party services
Changes to third-party pricing, features, or policies
Third-party service outages or technical issues
Third-party terms of service or privacy policies
You are responsible for:
Maintaining your own accounts and subscriptions with third-party services
Complying with third-party terms of service
Paying any fees associated with third-party services
Limitation of Liability
Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
Excluded Damages
IN NO EVENT SHALL WE BE LIABLE FOR:
Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunities
Cost of substitute services
Damages arising from your use or inability to use the Site or services
Damages arising from third-party services or content
This applies even if we have been advised of the possibility of such damages.
Exceptions
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Tim Searles, TSS Consulting Company LLC, our affiliates, and our respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:
Your use of the Site or our services
Your violation of these Terms
Your violation of any third-party rights, including intellectual property rights
Content or materials you provide to us
Your business operations or website use after project completion
Post-Launch Support
Included Support (30 Days)
Your project includes 30 days of post-launch support, which covers:
Bug fixes and technical issues that arise from our work
Questions about managing your website
Minor adjustments within the original scope
Assistance with issues related to our implementation
Not Included in Support
Post-launch support does NOT include:
New features or pages not in the original scope
Content updates (you manage your own content after training)
Design changes beyond the original agreement
Issues caused by third-party services or plugins
Issues caused by your modifications to the site
SEO services or ongoing optimization
Training beyond the initial training session
After Support Period
After the 30-day support period:
Hourly support is available at our standard rate
Monthly maintenance packages are available (see our Services page)
New projects or features will be quoted separately
Ownership and Rights
Upon Final Payment
Upon receipt of final payment in full:
You own the website content you provided
You have the right to use the completed website
You are responsible for maintaining Squarespace subscription and domain registration
What We Retain
We retain:
The right to display the project in our portfolio (unless otherwise agreed in writing)
Copyright to our code, processes, and methodologies
The right to reuse general design elements and code structures in future projects
All proprietary tools, templates, and systems we use
Our Portfolio Rights
We reserve the right to:
Use screenshots and descriptions of your project in our portfolio and marketing materials
Mention your business as a client (with your permission)
Create case studies about the project (with your permission)
If you wish to remain anonymous or restrict our use of the project, please notify us in writing.
Confidentiality
Our Commitment
We will keep confidential any non-public information you share with us during the course of our working relationship, including business plans, financial information, proprietary processes, and other sensitive information.
We will not disclose such information to third parties except:
As necessary to provide our services (e.g., to hosting or email service providers)
With your written permission
As required by law
Your Commitment
You agree to keep confidential any proprietary information, processes, or methodologies we share with you that are not publicly available.
Termination
By You
You may terminate your use of the Site at any time. If you wish to cancel a project, please refer to the Refund Policy section above.
By Us
We may terminate or suspend your access to the Site or our services immediately, without notice, if:
As necessary to provide our services (e.g., to hosting or email service providers)
With your written permission
As required by law
Effect of Termination
Upon termination:
Your right to use the Site and access our services immediately ceases
Any outstanding payments become immediately due
We may delete or retain your information as described in our Privacy Policy
Sections of these Terms that by their nature should survive termination shall survive
Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Illinois, United States, without regard to its conflict of law provisions.
Informal Resolution
Before filing any formal claim, you agree to contact us at [your email] to attempt to resolve the dispute informally. We commit to working with you in good faith to resolve any issues.
Arbitration Agreement
Any dispute, claim, or controversy arising out of or relating to these Terms or our services that cannot be resolved informally shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.
The arbitration shall take place in Chicago, Illinois or remotely via video conference.
Each party shall bear its own costs and attorneys' fees, unless the arbitrator awards such costs or fees to the prevailing party.
Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Exceptions
Either party may bring a claim in small claims court if it qualifies. Either party may also seek injunctive relief in court to protect intellectual property rights.
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any service agreement or proposal you sign, constitute the entire agreement between you and us regarding the use of the Site and our services.
Amendments
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
Posting the updated Terms on this page
Updating the "Last Updated" date
Your continued use of the Site after changes take effect constitutes acceptance of the modified Terms.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to reflect the parties' intent as closely as possible.
Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us.
Assignment
You may not assign or transfer these Terms or your rights under them without our written consent. We may assign these Terms to any affiliate or successor without restriction.
Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet service failures.
Independent Contractor
You and we are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.
Notices
Any notices to us should be sent to:
TSS Consulting Company, LLC
Email: [email protected]
Notices to you may be sent to the email address you provided.
Headings
Headings in these Terms are for convenience only and do not affect interpretation.
Contact Information
If you have questions about these Terms, please contact us:
Email: [email protected]
Response Time: We will respond to your inquiry within 3-5 business days.
Acknowledgement
BY USING OUR SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
Last Updated: November 3, 2025
Based in Chicago, IL. Available in-person for local meetings. Working remotely with clients nationwide.
Email us at: [email protected]
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