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Formosa Web Services - Terms of Service

These terms govern all services provided by Formosa Web Services, LLC. Please read the section that applies to your engagement. By purchasing any service or authorizing payment, you agree to the applicable terms below.

Effective Date: May 5, 2026
Version 1.02

SECTION A: Website Services Agreement

This Website Services Agreement (“Agreement”) is entered into between Formosa Web Services (“Formosa Web,” “we,” or “us”) and the client purchasing website services (“Client,” “you”).

By purchasing a website plan or submitting onboarding materials, you agree to the terms below.

1. Scope of Services

Formosa Web provides WordPress website design, build, and ongoing maintenance services as outlined in the selected Website Plan.

Services include:

  • Initial website build based on the selected plan
  • Ongoing maintenance during the active service period
  • Updates, backups, and routine site changes within the plan’s defined monthly maintenance allowance (see Section 5)

Specific inclusions vary by plan and are detailed on the Website Plans page.

2. Initial Build & Launch

The initial website build includes:

  • The number of pages specified in the selected plan
  • Use of approved templates or standard design patterns (for templated tiers)
  • Placement of client-provided content and assets
  • Configuration of standard site functionality (navigation, forms, footer)
  • The site is considered launch-ready once all included pages are completed and approved.

If the Client fails to provide required content or approvals for more than 30 days, the project may be considered inactive. Work may be resumed once materials are provided, subject to scheduling availability.

After 60 days of inactivity, the build may be closed. Any remaining work will be completed under hourly billing if the Client requests that the project be resumed.

3. Client Responsibilities

To begin and complete the build, Client agrees to:

  • Provide clear information about the business and any available content, images, branding, and assets needed for the build.
  • Respond to communications and revision requests in a timely manner
  • Review and approve work during the build process
  • Delays in content delivery or approvals may affect timelines.

4. Revisions

The initial build includes one revision round, defined as a single set of consolidated feedback provided at one time.

Additional revisions or requests outside the included scope are billed at the applicable hourly rate.

5. Maintenance & Support

Ongoing maintenance is included as part of the Website Plan during the active subscription period and includes:

  • WordPress core, theme, and plugin updates
  • Site backups and monitoring
  • Routine content and functional changes within the monthly maintenance allowance

Routine content changes include small updates such as:

  • Text edits (hours, pricing, bios, service descriptions)
  • Swapping or adding images
  • Updating links or buttons
  • Adding testimonials or short announcements
  • Minor layout or formatting adjustments

Routine maintenance does not include:

  • Creation of new pages or page layouts
  • Redesigns or major visual changes
  • Structural layout changes
  • New features, integrations, or custom functionality

Monthly Maintenance Allowance by Plan:

  • Starter Plan: up to 30 minutes/month
  • Core Plan: up to 1 hour/month
  • Growth Plan: up to 1 hour 30 minutes/month
  • Professional Plan: up to 2 hours/month

Unused monthly maintenance time does not roll over.

Requests beyond the included allowance are billed at $150/hour. Formosa Web will notify the Client before performing work that exceeds the included monthly allowance.

Formosa Web reserves the right to refuse requests that are abusive, unreasonable, or outside the scope of the service.

6. Design & Structural Changes

Requests involving new page layouts, redesigns, structural changes, or new features are not included in routine maintenance and will be scoped and billed separately.

Formosa Web will provide a quote for approval before beginning any work outside the defined maintenance allowance.

7. Hosting

Hosting will be provided by Formosa Web and is included as part of the monthly maintenance fee.

8. Ownership & Term

Website services require a 3-month minimum commitment.

During the active service period, Formosa Web retains administrative access to the website for maintenance and security purposes. The Client owns the website from day one.

After the initial 3-month term, the Client may:

  • Continue maintenance services with Formosa Web, or
  • Request transfer of the website to their own hosting and administrative control. Transfer will occur within 30 days of request.

9. Payments

All fees are billed in advance.

Monthly maintenance is billed on a recurring basis.

If payment is missed or the account becomes delinquent, services may be paused. During a paused period, Formosa Web is not responsible for site updates, security issues, or outages.

Refunds are not provided once work has begun.

10. Third-Party Services

Third-party tools, plugins, or services may be used as part of the site build. Ongoing costs for third-party services are the responsibility of the Client unless otherwise stated.

Premium plugins or third-party services may require ongoing licenses. If a license is not renewed by the client, related functionality may be limited or removed.

11. Limitation of Liability

Formosa Web does not guarantee website performance, search rankings, traffic, or business outcomes. We are not responsible for results related to marketing, advertising, or overall business performance.

Formosa Web is not responsible for issues caused by:

  • Client-provided content, including accuracy or legality
  • Third-party service outages
  • Client-caused site issues

Formosa Web is not liable for any indirect, incidental, consequential, or special damages, including but not limited to lost revenue, lost profits, or loss of business opportunity, arising from or related to the services provided under this agreement, even if Formosa Web has been advised of the possibility of such damages.

Our liability is limited to the amount paid by the Client in the preceding three months of service.

12. Intellectual Property

Upon completion of the initial build and receipt of all payments due, the Client owns all content they provided, including text, images, and branding. Formosa Web retains ownership of any proprietary tools, frameworks, or code libraries used in the build that are not specific to the Client’s project. The website design and structure, as built for the Client, become the Client’s property upon transfer at the end of the service term as described in Section 8.

13. Termination

Either party may terminate this agreement with 30 days written notice sent to the other party’s email address on file.
If the Client terminates before the 3-month commitment is complete:

  • Formosa Web will take the website offline at the end of the 30-day notice period.
  • If the Client wishes to retain the website and receive full transfer of administrative access, hosting control, and all associated files, all remaining monthly payments for the term must be paid in full before transfer occurs.
  • If the Client does not wish to retain the website, no further payments are due after the 30-day notice period ends. No files, assets, or transfers will be provided.

If the Client terminates after the 3-month commitment is complete:

  • Standard transfer terms apply as described in Section 8.

If Formosa Web terminates this agreement before the 3-month term is complete:

  • The Client will receive a prorated refund of any prepaid fees for services not yet rendered.
  • Full transfer of the website, including administrative access, hosting control, and all associated files, will occur within 30 days at no charge.

Termination does not affect any outstanding payment obligations for work already completed or services already rendered prior to the termination date.

14. Governing Law

This agreement is governed by the laws of the State of Colorado. Any disputes arising under this agreement shall be resolved in the courts of Boulder County, Colorado.

15. Acceptance

By purchasing a website plan, submitting onboarding materials, or authorizing payment, Client confirms they have read, understood, and agreed to this Agreement.

SECTION B: Web App Services Agreement

This Web App Services Agreement (“Agreement”) is entered into between Formosa Web Services (“Formosa Web,” “we,” or “us”) and the client commissioning custom web application development (“Client,” “you”).
By paying the discovery session fee, approving a project scope, or authorizing payment, you agree to the terms below.

1. Scope of Services

Formosa Web provides custom web application design, development, and ongoing support services as defined in the project scope document produced during the discovery session.

Services include:

  • Discovery session and scope documentation
  • Application design and development as defined in the approved scope
  • Launch support and deployment
  • Ongoing hosting, maintenance, and bug fixes during the active support period

Any features, functionality, or work not explicitly included in the approved scope document are considered out of scope and will be quoted separately before work begins.

2. Discovery Session

All web app projects begin with a paid discovery session. The discovery session fee is $400 and is credited toward the first project invoice if the Client proceeds with the build.

The discovery session produces a scope document that defines:

  • What the application will do
  • Who uses it and how
  • Timeline and project phases
  • Total estimated project cost

The discovery session fee is non-refundable if the Client chooses not to proceed after the scope document is delivered.

3. Project Phases and Timeline

Development is structured in defined phases as outlined in the scope document. Timelines are estimates and may be affected by:

  • Delays in Client feedback or approvals
  • Changes to scope requested by the Client
  • Third-party service dependencies outside Formosa Web’s control

Formosa Web will communicate timeline changes as they arise. The Client will be kept informed of progress through regular check-ins throughout the build.

4. Client Responsibilities

To begin and complete the project, Client agrees to:

  • Participate in the discovery session and provide clear information about business needs and goals
  • Review and provide feedback on work in progress in a timely manner
  • Approve completed phases before work on subsequent phases begins
  • Provide any content, branding, or third-party credentials needed for the build

Delays caused by the Client may affect the project timeline and are not the responsibility of Formosa Web.

If the Client fails to respond or provide required approvals for more than 30 days, the project may be considered inactive. Work may be resumed once the Client re-engages, subject to scheduling availability and additional fees if significant time has passed.

5. Billing

The discovery session fee of $400 is due before the session takes place and is credited toward the first project invoice.

Project work is billed monthly based on work completed during that month. Formosa Web will provide an itemized invoice at the end of each month detailing work completed. Payment is due within 30 days of invoice.

If payment is missed or becomes delinquent, work will pause until the account is brought current. Formosa Web is not responsible for project delays resulting from payment pauses.

Refunds are not provided for work already completed.

6. Changes to Scope

Any changes to the agreed project scope must be approved in writing by both parties before work begins.
Out-of-scope requests, including new features, new views or screens, changes to the data structure, or integrations not included in the original scope, will be quoted separately. Formosa Web will provide a written estimate for approval before beginning any out-of-scope work.

Scope changes may affect the project timeline and total cost.

7. Ongoing Support

Following launch, ongoing support is available on a monthly basis and includes:

  • Hosting and infrastructure management
  • Security updates and monitoring
  • Bug fixes for issues introduced by the original build

Ongoing support does not include new feature development, changes to existing functionality, or additions to the application. These are treated as new scope and quoted separately.

Monthly support fees vary by plan and are detailed on the Web Apps page.

8. Intellectual Property

The Client owns all content they provided, including text, images, branding, and data. Upon receipt of all payments due, the Client owns the application as built, including its design and structure.

Formosa Web retains ownership of any proprietary tools, frameworks, or reusable code libraries that are not specific to the Client’s project and that existed prior to or were developed independently of this engagement.

The application code specific to the Client’s project becomes the Client’s property upon full payment and transfer.

9. Hosting and Infrastructure

The application is hosted on Formosa Web’s infrastructure as part of the monthly support plan. The Client’s application and data are maintained securely.

If the Client wishes to move the application to their own infrastructure, Formosa Web will assist with that transition. Transition support is billed at the standard hourly rate of $150/hour unless otherwise agreed.

10. Termination

Either party may terminate this agreement with 30 days written notice sent to the other party’s email address on file.
If the Client terminates during an active build:

  • Formosa Web will invoice for all work completed up to the termination date. Payment is due within 30 days.
  • Upon receipt of final payment, Formosa Web will provide the Client with all completed work, code, and assets produced to that point.
  • If final payment is not received, no files, code, or assets will be transferred.

If the Client terminates after launch:

  • The application will remain online through the end of the current billing period.
  • Upon request and receipt of any outstanding payments, Formosa Web will provide full transfer of the application, including code, data, and hosting access, within 30 days.

If Formosa Web terminates this agreement:

  • The Client will receive a prorated refund of any prepaid fees for services not yet rendered.
  • Full transfer of all completed work, code, data, and hosting access will occur within 30 days of termination notice at no charge to the Client.

11. Limitation of Liability

Formosa Web does not guarantee application performance, uptime beyond reasonable commercial standards, search rankings, traffic, or business outcomes.

Formosa Web is not responsible for issues caused by:

  • Client-provided content, including accuracy or legality
  • Third-party service outages or API changes outside Formosa Web’s control
  • Client-caused issues resulting from unauthorized changes to the application

Formosa Web is not liable for any indirect, incidental, consequential, or special damages, including but not limited to lost revenue, lost profits, loss of business opportunity, or data loss, arising from or related to the services provided under this agreement, even if Formosa Web has been advised of the possibility of such damages.

Our liability is limited to the amount paid by the Client in the preceding three months of service.

12. Governing Law

This agreement is governed by the laws of the State of Colorado. Any disputes arising under this agreement shall be resolved in the courts of Boulder County, Colorado.

13. Acceptance

By paying the discovery session fee, approving a project scope, or authorizing payment, Client confirms they have read, understood, and agreed to this Agreement.