Terms & Conditions

1. Who we are

Midnight Webs ("we," "us," "our") is a small web design and development studio. We design, build, host, secure, and maintain websites and web applications for businesses. You can reach us at contact.midnightwebs@gmail.com.

2. Using this website

This site is provided to give you information about our studio, our services, and our open roles. You agree to use it only for lawful purposes and not to:

• attempt to gain unauthorized access to the site, its code, or its infrastructure,
• copy, resell, or misrepresent our content, brand, or logo as your own, or
• use the site in any way that could damage, disable, or impair it for other visitors.

We may update, change, or take down parts of this site at any time without notice.

3. Contacting us

When you use our contact or project form or email us directly, you're responsible for making sure the information you give us is accurate and that you have the right to send us any files you attach. We handle what you send us as described in our Privacy Policy.

4. Applying for a role

Our Careers page lets you open a pre-filled email in your own email app to apply for an open role. Before you can send an application, you must confirm both of the following:

Submitting an application does not guarantee an interview, an offer, or any response by a specific date. We review applications as our hiring needs allow, and we may close, change, or repost a role at any time.

You're responsible for anything you attach to your application email. Please don't send files you don't have the rights to share, or any sensitive personal information beyond what's needed to consider you for the role.

5. Our services

Depending on what you agree with us, our services may include:

• Design and build: custom-designed, responsive websites.
• Backend development: APIs, databases, user accounts, payments, and admin panels.
• Online stores: product and stock management, secure payment, and shipping setup.
• Hosting and security: managed hosting, SSL, backups, firewall, malware scanning, and uptime monitoring.
• Security audits: audits and penetration testing of existing sites and applications.
• Maintenance: monthly updates, backups, and small changes.
• Growth: search-ready structure, performance tuning, and ongoing improvements.

The specific scope, pricing, timeline, and deliverables for your project will be agreed separately with you, typically in writing over email or in a proposal. These general terms apply alongside any such agreement; where the two conflict, the specific agreement with you takes priority.

6. Plans, billing & included changes

Our hosting and care plans (such as Foundation, Growth, and Enterprise) are charged as a monthly fee, plus a one-time build fee for design and development work that is scoped and quoted up front. Amounts, invoicing, and payment terms are set out in your proposal or agreement.

Each plan includes a monthly allowance for changes to your site: a small change for Foundation, about two hours of changes for Growth, and a block of development hours agreed with you for Enterprise. Included changes cover things like text and image updates, content updates, new sections, and small features. Larger requests, new pages beyond your plan, new integrations, or new systems are quoted separately, and we'll tell you the cost before we start. Unless we agree otherwise in writing, unused changes don't carry over to the next month.

You can end a monthly plan by giving us notice as set out in your agreement. Fees already paid for a period in progress aren't refundable unless your agreement says otherwise.

7. Backend systems, online stores & your data

If we build or run a backend, user accounts, or an online store for you, you remain responsible for the way your business uses it. In particular, you're responsible for:

• the products, prices, descriptions, taxes, shipping, refunds, and customer service of your store, and for complying with the consumer and tax laws that apply to your sales,
• having your own terms and privacy notice for your site's users, and obtaining any consent you need from them, and
• the accuracy and lawfulness of the content, data, and third-party material you give us.

Payments are handled by third-party payment providers under their own terms. We set up the integration but aren't a party to your sales, and we aren't responsible for the provider's fees, outages, or decisions. You keep ownership of the data in your systems, and we handle it on your behalf and on your instructions, as described in our Privacy Policy.

8. Security audits & penetration testing

We only audit or test systems that you've authorized us in writing to test, and only within the scope and timeframe we agree. By asking us to carry out an audit or test, you confirm that you own the systems involved or have the authority to permit testing, including from any hosting provider or third party whose approval is required.

Security testing can occasionally cause slowdowns, errors, or interruptions, and you accept that risk within the agreed scope. We treat the findings as confidential and share them only with you. An audit reflects what we find in the agreed scope at that time. It isn't a guarantee that a system is free of vulnerabilities or can't be breached, and you remain responsible for deciding which fixes to apply. You must not use our findings, methods, or reports to test systems you're not authorized to test.

9. Hosting, backups & availability

We aim to keep hosted sites fast, backed up, and available, and we monitor them for downtime and security problems. We don't guarantee uninterrupted service. Outages caused by third-party providers, your own changes, attacks, or events outside our control may happen. Backups reduce risk but don't replace your own copies of important content. You're responsible for keeping the credentials you control secure.

10. Intellectual property

The Midnight Webs name, logo, and the design and content of this site belong to us, unless otherwise noted. You may not use them without our permission. Once a client project is delivered and paid for in full, ownership of the final deliverables transfers as agreed in that project's own terms. We may keep ownership of our general tools, code libraries, and know-how that aren't specific to your project, and we may continue to use them for other clients.

11. Third-party links & services

This site and the projects we deliver may link to or rely on third-party pages and services, such as payment providers, hosting infrastructure, or the EEOC's workplace rights information on our Careers page. We aren't responsible for the content, availability, or practices of sites and services we don't operate.

12. Disclaimer & limitation of liability

This site and its content are provided "as is," without guarantees of any kind. We do our best to keep information accurate and the site running smoothly, but we don't promise it will always be error-free, uninterrupted, or available. To the extent permitted by law, Midnight Webs isn't liable for any indirect or incidental loss, such as lost sales, lost profits, or lost data, arising from your use of this site or our services. Where the law allows us to limit it, our total liability for any claim relating to a service is limited to the fees you paid us for that service.

13. Changes to these terms

We may update these terms from time to time to reflect changes to our site, our services, our process, or the law. We'll update the "Last updated" date above when we do. Continuing to use the site or our services after a change means you accept the updated terms.

14. Governing law

These terms are governed by the laws applicable to where Midnight Webs operates, without regard to conflict-of-law rules. If any part of these terms is found unenforceable, the rest will continue to apply.

Contact

Questions about these terms can be sent to contact.midnightwebs@gmail.com.