Last updated 10 August 2026
These terms govern your use of mashdun.com and the services Mashdun LLC provides. Where we have signed a separate agreement with you, or issued you a proposal, that document governs and these terms fill the gaps.
We set out work in a written proposal. That proposal — its scope, phases, pricing and any terms stated on it — is the offer. An agreement is formed when you accept it: by clicking to accept on the proposal link, by signing it electronically where we ask for a signature, or by paying the deposit invoice.
When you accept, we record the name and title you type, the date and time, and the IP address it came from. That record is how we evidence the agreement.
Where anything in these terms conflicts with the proposal, the proposal wins.
We will perform the work described in the proposal with reasonable skill and care. Anything not described there is out of scope. Where you ask for something additional, we will tell you what it costs and add it only once you agree in writing.
Delivery dates assume you provide what we need when we ask for it — access, approvals, content and decisions. Delays on that side move the dates.
The build. Unless the proposal says otherwise, a deposit is payable before work begins and the balance is invoiced as set out there. Invoices are payable on the terms stated on them, and we may pause work on overdue accounts. Prices exclude taxes unless stated.
Recurring fees. Anything the proposal states as monthly — hosting, support, maintenance, licences — is separate from the build price and is not covered by paying it. Recurring fees begin when the relevant service goes live and continue until either of us ends them on the notice stated in the proposal. Paying the build in full does not end them, and we will say so on the invoice rather than let it be discovered later.
Costs passed through. Some things are billed at what they cost us, with no margin added, because they are consumed rather than delivered:
These vary with use, so they are estimates until they are incurred and no figure quoted for them is a cap. Where a proposal shows a rate rather than a monthly amount, that is because the amount depends on your volume. If a pass-through cost changes materially — a carrier raises its rates, a provider changes its pricing — we will tell you before it appears on an invoice, and you may stop the service rather than accept the new cost.
[For counsel: whether pass-through costs need a consent threshold above which we must obtain agreement rather than notify, and whether that should be an amount or a percentage.]
We sometimes run a launch offer at reduced pricing, limited to a stated number of builds. Where you claim one, this section applies in addition to the rest of these terms. At the time of writing the offer is limited to the first 10 builds, and the reduced price is held for you from the moment your deposit is paid — not from when you enquire. We may withdraw or change the offer at any time before that, and doing so does not affect anyone whose deposit we have already taken.
The kickoff call. At the end of the onboarding form you choose times for a 30-minute call. Those are requests, not reservations: no calendar is held until we confirm one by email, which we aim to do within one business day. If none of your times work we will offer alternatives. The call is free, carries no obligation, and happens whether or not you have paid.
The deposit. 50% of the agreed price is payable to hold your build slot, and the balance is invoiced at launch. You may pay the deposit when you submit the onboarding form or later; we do not begin design work until it is paid.
Refunds. The deposit is refundable in full — the whole 50%, not a part of it — at any time until you approve the design concept. You do not need to give a reason. Ask us in writing, by email to the address we have been corresponding on, and we will return it to the card or account it came from. We aim to issue the refund within five business days; how quickly it appears after that is up to your bank or card issuer.
Approving the design concept is the point at which the deposit stops being refundable, because it is the point at which the build begins. We will ask for that approval explicitly and in writing, and we will say in the same message that approving it ends the refund window — so it is never something you discover afterwards. What we have spent on your behalf by then and cannot recover — a domain bought in your name, a paid font licence, a third-party service already billed — is deducted from the refund, and we will itemise it. We do not deduct anything for our own time.
After design approval the deposit is non-refundable. That does not limit any right you have under consumer law, and it does not apply where we fail to deliver: if we cannot complete the work, or we end the agreement ourselves, we refund what you have paid for work not delivered regardless of stage.
What the offer covers. The scope stated on the offer page for the package you claimed, plus any add-ons you selected. Anything beyond it is quoted before it is started. Timeframes stated with the offer run from the day we have your content, not from the day you claim.
Support after launch. For 90 days from the day the site goes live we correct, at no charge, anything that does not work the way it was built — broken functionality, errors, and defects in what we delivered. That is a warranty on our own work, not a maintenance retainer: new pages, new features, changes of mind, and problems caused by changes someone else makes are quoted separately. The period runs from launch regardless of whether you take the hosting plan.
Hosting is optional and separate. The build price does not include hosting. We offer a managed plan at $29per month covering hosting, SSL, security updates, backups, uptime monitoring and minor content changes. It begins when the site goes live, is billed monthly in advance, and either of us may end it on 30 days' notice. You are equally free to host the site yourself: what we build is a standard application, and on request we provide the source and the deployment steps at no charge. Declining the plan does not affect anything else in this agreement, and we do not withhold code, accounts or access from anyone who declines it.
Domains. Moving a domain you already own is included. Registering a new one for you is a one-off $15setup fee plus the registrar's own price for the domain, which is passed through at cost. The domain is registered in your name, with you as registrant, and renewals are yours to pay directly. We never hold a client domain in our own name.
[For counsel: whether the deduction for unrecoverable third-party spend needs a stated cap; whether the refund window should also close on a stated period of customer non-response; and whether Tennessee consumer-protection provisions require any additional disclosure on a deposit taken online before services are rendered.]
We use AI tools to draft, summarise and transcribe. Everything that reaches you has been reviewed by a person, and no price or commitment is ever generated automatically. Where we build AI features for you, you should understand that such systems produce probabilistic output: they can be wrong, and they need human review in any use where being wrong matters. We will tell you where that applies to what we build.
You are responsible for having the right to give us the material you send for processing. See the Privacy Policy for which providers process it.
Where we build or operate messaging for you, you are responsible for obtaining and evidencing consent from the people you message, and for complying with the TCPA, carrier rules and the platform's own policies. We will build opt-out handling, but we cannot consent on your recipients' behalf. We may suspend messaging that we reasonably believe breaches those rules.
Logo and brand design. Where we design a logo for you, all rights in the final mark transfer to you on payment in full, including the working files. Concepts you did not select stay ours and may be developed for someone else. The mark is drawn for you and is original to our knowledge, but originality is not the same as availability: we do not carry out trademark searches, and nothing we deliver is a clearance opinion or advice that a mark is free to use or register. Before you spend money on signage, vehicles, packaging or a trademark filing, have a search done — by the USPTO or by an attorney. If a conflict emerges we will redraw the mark at our cost within the support period; we cannot be responsible for what you have already printed.
[For counsel: whether to offer an optional paid clearance search rather than disclaim it, and whether the redraw remedy should be capped or time-boxed differently from the general support period.]
We will perform the services with reasonable skill and care. Beyond that, the website and services are provided “as is”, and we disclaim all other warranties to the extent the law allows. We do not warrant that the service will be uninterrupted or error-free, and we are not responsible for third-party services we integrate at your request — payment processors, carriers, registrars, hosts — beyond integrating them competently.
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data. Our total liability arising out of an engagement is limited to the fees you paid us under that engagement in the twelve months before the claim.
Nothing here limits liability for fraud, wilful misconduct, or anything else that cannot lawfully be limited.
[For counsel: the cap and the carve-outs are the clauses most worth your attention.]
Either of us may end an engagement on written notice for material breach that is not put right within 30 days. If you end an engagement early for any other reason, you pay for the work done up to that point and any commitments we have made on your behalf. Deposits are non-refundable once work has begun, except where we are the ones in breach.
These terms are governed by the laws of the State of Tennessee, without regard to its conflict of laws rules. The state and federal courts located in Tennessee have exclusive jurisdiction, and both parties consent to venue there.
Questions about these terms: matt@mashdun.com.
