Terms of Service

Effective Date: August 22, 2025

These Terms of Service (“Terms”) govern your use of services provided by Fresh Codes LLC (“Company,” “we,” “us,” or “our”), including web hosting, technology consulting, software development, and social media management services. By engaging our services, you (“Client,” “you,” or “your”) agree to be bound by these Terms.

Services

Fresh Codes LLC provides comprehensive technology solutions tailored to meet our clients’ digital needs. Our services include, but are not limited to, web hosting that delivers reliable, scalable infrastructure using enterprise-grade platforms selected for optimal performance and security. We offer strategic technology consulting to help organizations implement, optimize, and leverage technology solutions that drive business growth and operational efficiency.

Our software development practice encompasses custom application design, development, and deployment across various platforms and technologies. We also provide design services and social media management, including strategic planning, content development, and account administration to enhance our clients’ digital presence and engagement.

Service Availability and Uptime

Fresh Codes LLC endeavors to maintain optimal service availability and performance standards. However, we cannot guarantee continuous, uninterrupted service operation. Service availability may be affected by various factors including:

We commit to implementing reasonable measures to minimize service disruptions and restore functionality expeditiously when issues fall within our operational purview. Advance notification of planned maintenance activities will be provided when operationally feasible.

Payment Terms

Standard billing cycles are monthly unless otherwise specified in the service agreement. Payment terms are established per service type and may vary by individual client arrangement:

Consulting and Development Services: Standard payment terms are Net-30, with remittance due within thirty (30) days of invoice date.

Web Hosting Services: Payment is due at the commencement of each billing period. Delinquent accounts will receive appropriate notice, and hosting services may be suspended or terminated for non-payment by the conclusion of the billing period.

Late fees and interest charges may apply to overdue balances as specified in individual service agreements. Specific payment terms, billing cycles, and collection procedures may differ based on individual client agreements and will be outlined in the applicable service contract.

Data and Privacy

Fresh Codes LLC collects and maintains information essential for service delivery, which may include client account details, contact information, website content for hosting services, and technical data necessary for project implementation and system administration.

Payment processing is handled exclusively through qualified third-party processors such as Stripe. We do not collect, store, or maintain credit card information on our systems. All payment card data is processed in compliance with industry security standards by our certified payment partners.

Data handling practices and privacy protections are tailored to each client engagement based on project requirements and contractual specifications. We maintain flexibility to accommodate specific client data governance needs and compliance requirements. Upon client request and when technically feasible, we will assist with end-user data removal requests as required by applicable privacy regulations.

Client Responsibilities

Clients bear responsibility for maintaining accurate account information and ensuring all provided data remains current throughout the service relationship. Clients must safeguard account credentials and implement appropriate security measures to protect access to their accounts and systems.

Content and materials provided by clients must comply with all applicable federal, state, and local laws and regulations. Clients are solely responsible for maintaining adequate backups of their data, content, and systems. Any security incidents, unauthorized access, or suspected breaches must be reported to Fresh Codes LLC without unreasonable delay.

Prohibited Uses

Clients are expressly prohibited from utilizing our services for any unlawful activities or content that contravenes federal, state, or local statutes and regulations. Prohibited activities include, but are not limited to:

The distribution of malicious software, viruses, or other harmful code; transmission of unsolicited communications including spam or phishing attempts; infringement of copyrights, trademarks, or other intellectual property rights; and any conduct that may compromise, damage, or impair the integrity, security, or performance of our systems, networks, or infrastructure.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Fresh Codes LLC’s aggregate liability arising from or relating to these Terms or the services provided shall not exceed the total fees paid by the client for services during the twelve (12) months immediately preceding the event giving rise to the claim.

Under no circumstances shall Fresh Codes LLC be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, regardless of the theory of liability and whether or not advised of the possibility of such damages.

Services are provided “as is” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or uninterrupted service availability. Clients acknowledge and assume full responsibility for their use of services and any content, data, or materials hosted or managed through our platforms.

Indemnification

Client agrees to defend, indemnify, and hold harmless Fresh Codes LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to:

Client’s use or misuse of the services; any content, data, or materials provided, hosted, or managed by Client; Client’s breach of these Terms or violation of applicable laws or regulations; or any third-party claims arising from Client’s business operations, activities, or the services performed under this agreement.

Service Termination

Either party may terminate services upon thirty (30) days written notice to the other party. Fresh Codes LLC reserves the right to immediately suspend or terminate services, with or without notice, in the event of:

Material breach of these Terms; non-payment of fees or charges when due; activities that may compromise the security, integrity, or performance of our systems or adversely affect other clients; or compliance with legal, regulatory, or judicial requirements.

Intellectual Property

Clients retain all ownership rights to their proprietary content, data, and materials. Fresh Codes LLC maintains exclusive ownership of its proprietary systems, software, methodologies, processes, and any derivative works created in the course of service delivery.

Clients hereby grant Fresh Codes LLC a limited, non-exclusive license to use, reproduce, and modify client content solely to the extent necessary to provide the contracted services.

Modifications to Terms

Fresh Codes LLC reserves the right to modify these Terms at any time in its sole discretion. Material changes to these Terms will be communicated to clients via written notice at least thirty (30) days prior to the effective date of such modifications.

Continued use of services following the effective date of any modifications constitutes Client’s acceptance of the revised Terms. Clients who do not agree to modified Terms may terminate services as provided herein.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Any disputes arising under or relating to these Terms shall be resolved through binding arbitration administered in McLennan County, Texas, in accordance with the rules of the American Arbitration Association.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or prevent irreparable harm.

Severability

Should any provision of these Terms be deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed from these Terms. The validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.

Contact Information

For questions regarding these Terms or our services, please contact us at [email protected].

Last Updated: August 22, 2025