You own your code
Once your setup fee is paid, the code, design files and content made for your site are yours. If you leave, you take them with you.
90+ PageSpeed at launch
If your site scores under 90 on Google PageSpeed (mobile, homepage, measured at launch), I rebuild the affected pages free until it does. Exceptions are in section 3.
On this page (13)
1. Agreement to terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client” or “you”) and Black Diamond Cybersecurity Consulting LLC (“Black Diamond Cyber,” “we,” “us,” or “our”), a limited liability company based in Canyon Lake, TX.
By purchasing services, submitting a contact form, or otherwise engaging with our services at bd-cyber.com, you agree to be bound by these Terms. If you do not agree, do not use our services.
Questions? Contact us at blackdiamondcyber@gmail.com.
2. Services
Black Diamond Cyber provides the following services to local and small businesses:
- Website Design & Development: Custom and semi-custom websites, hosted for you.
- AI Chatbot Integration: AI-powered chatbots designed to handle customer inquiries and bookings.
- Analytics & Reporting: Monthly performance dashboards and SEO reporting.
- Growth Systems: Review requests, missed-call text-back, appointment reminders and follow-up messages.
- Ongoing Hosting & Support: Monthly hosting, maintenance, and update services.
Specific deliverables, timelines, and pricing for each engagement are defined in the applicable service tier or project scope communicated at time of purchase.
3. Service delivery
Timeline
Estimated delivery timelines are provided for each service tier (e.g., 3 to 5 days for Starter, 5 to 7 days for Professional). These are good-faith estimates. Timelines may be affected by:
- Delays in receiving required client materials (logos, copy, images, credentials)
- Scope changes requested after project initiation
- Third-party service outages
If I will miss a date, I will tell you and we will set a new one.
Client responsibilities
To ensure timely delivery, you agree to:
- Provide all required materials (brand assets, content, account access) within 5 business days of project kickoff
- Review and provide feedback on drafts within 3 business days
- Designate a single point of contact for project communications
Revisions
Each project includes two rounds of revisions within the original project scope. Additional revisions or scope changes will be quoted and billed separately.
Performance guarantee
Every website we deliver scores 90 or higher on Google PageSpeed Insights (mobile, homepage, measured at launch). If it does not, we rebuild the affected pages at no charge until it does. Third-party embeds or content added after launch that lower the score are outside this guarantee.
4. Payment terms
Setup fees
One-time setup fees are charged at the time of purchase. Payments are processed securely through Stripe. All prices are listed in USD.
Setup fees are non-refundable once project work has commenced (i.e., once we have begun design, development, or content creation for your project).
Yearly billing
If you choose yearly billing, hosting, maintenance, and support are billed once a year in advance at the yearly rate shown on the pricing page. The first year is billed at checkout together with the setup fee, and the plan renews each year on the same date unless you cancel before the renewal date. Cancelling stops the next renewal; your services continue until the end of the paid year.
Monthly recurring fees
The first month of hosting, maintenance, and support is billed at checkout together with the setup fee. After that, these fees are billed on the same date each month, counted from the checkout date. These services are provided on a month-to-month basis with no long-term contract.
You may cancel monthly services at any time with 30 days’ written notice to blackdiamondcyber@gmail.com. No cancellation penalties apply.
Late payments
If a monthly payment is 15 or more days past due, we reserve the right to suspend hosting and support services until the account is brought current. We will provide reasonable notice before any suspension.
5. Code and intellectual property ownership
Upon receipt of full payment of all setup fees, Client receives full ownership of all custom code, design files, and content created specifically for the Client’s project.
This includes:
- All website source code (HTML, CSS, JavaScript, TypeScript, React components)
- Custom design assets and graphics created for the project
- Written copy and content authored specifically for the Client
- Database schema and configuration specific to the Client’s project
What we retain
Black Diamond Cyber retains ownership of:
- Proprietary internal tools, frameworks, and boilerplate code not specific to the Client’s project
- Pre-existing design templates and component libraries that may be licensed for use in your project
- The Black Diamond Cyber brand, name, logo, and trade dress
Portfolio rights
Unless you request otherwise in writing, we reserve the right to display your project in our portfolio as an example of our work. We will not share confidential business information.
Third-party assets
Any third-party assets (stock photos, fonts, icons, plugins) used in your project may have their own licensing terms. We will disclose any assets with usage restrictions and ensure you have appropriate licenses.
6. No lock-in guarantee
We do not use proprietary hosting platforms or website builders that would prevent you from migrating your website. Your website is built on open-source technology and can be self-hosted or migrated to any hosting provider.
If you cancel our monthly services, we will:
- Provide all source code and project files within 5 business days of cancellation
- Assist with migration to your own hosting setup (one-time, 2-hour limit, at no charge)
- Not interfere with your domain or DNS settings
7. Confidentiality
Both parties may share confidential information in the course of the engagement. We agree to:
- Keep all non-public business information, credentials, and project details confidential
- Use your information only to deliver the agreed services
- Not disclose confidential information to third parties without your written consent
8. Limitation of liability
To the maximum extent permitted by applicable law, Black Diamond Cyber’s total liability to you for any claims arising from or related to these Terms or our services shall not exceed the total amount paid by you to Black Diamond Cyber in the 12 months preceding the claim.
We are not liable for:
- Indirect, incidental, consequential, or punitive damages
- Loss of profits, revenue, or business opportunities
- Search engine ranking changes or algorithm updates outside our control
- Downtime or outages attributable to third-party providers (Vercel, Supabase, Stripe, etc.)
- Data loss caused by third-party services or Client-initiated actions
9. Warranties and disclaimers
We warrant that services will be performed in a professional and workmanlike manner. Except for the performance guarantee in Section 3, we do not guarantee specific outcomes, including but not limited to: search engine rankings, conversion rates, revenue increases, or business results.
Except as expressly stated in these Terms, all services are provided “AS IS” without warranties of any kind, express or implied.
10. Termination
Either party may terminate ongoing services with 30 days’ written notice. Upon termination:
- All outstanding invoices become immediately due and payable
- We will deliver all owned project files within 5 business days
- Monthly services will be discontinued at the end of the notice period
We reserve the right to terminate services immediately if the Client engages in unlawful activity, abusive behavior toward me, or material breach of these Terms.
11. Governing law
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Comal County, Texas, or through binding arbitration if mutually agreed.
12. Changes to terms
We may update these Terms from time to time. We will notify active clients of material changes via email. Continued use of our services after updates constitutes acceptance of the revised Terms. The “Last updated” date at the top of this page reflects the most recent revision.