Terms of Service

Effective Date: 06/22/2026

These Terms of Service ("Terms") govern your access to and use of the Mulliken Development website and any web development, hosting, cloud, analytics, consulting, maintenance, or related services provided by Mulliken Development ("Mulliken Development," "we," "our," or "us").

1. Acceptance of Terms

By accessing this website, contacting us, accepting a proposal, signing a statement of work, paying an invoice, or using our services, you agree to these Terms. If you do not agree, you may not use the website or services.

2. Service Agreements, Proposals, and Statements of Work

Specific services, deliverables, timelines, fees, hosting responsibilities, maintenance obligations, support levels, and ownership terms may be described in a written proposal, estimate, invoice, statement of work, subscription plan, or other agreement (each, a "Service Agreement"). If a Service Agreement conflicts with these Terms, the Service Agreement controls for that specific engagement.

3. Changes to These Terms

We may update these Terms from time to time. Updated Terms will be posted on this page with a revised effective date. Continued use of the website or services after changes are posted constitutes acceptance of the updated Terms.

4. Use of the Website and Services

You agree to use the website and services only for lawful purposes and in compliance with all applicable laws and regulations. You may not misuse the website or services, interfere with security or availability, attempt unauthorized access, introduce malware, scrape or copy content without permission, or use the services to transmit unlawful, harmful, infringing, deceptive, or abusive content.

5. Client Responsibilities

You are responsible for:

• Providing accurate project requirements, content, approvals, and feedback.
• Ensuring you have the legal right to use and provide all text, images, data, marks, files, and other materials you provide.
• Maintaining access to your domain registrar, hosting accounts, third-party tools, payment accounts, and business systems unless otherwise agreed in writing.
• Backing up your own business records and content unless backup services are expressly included in a Service Agreement.
• Reviewing and testing deliverables before launch or publication.

6. Accounts, Access, and Credentials

If you provide access to accounts, systems, repositories, hosting environments, APIs, or third-party services, you authorize us to use that access as reasonably necessary to provide the services. You are responsible for disabling or rotating credentials when an engagement ends unless credential management is included in the Service Agreement.

7. Fees, Payment, and Taxes

Fees and payment schedules will be stated in the applicable Service Agreement, invoice, or checkout page. Unless otherwise stated, payments are due when invoiced. Late or failed payments may result in paused work, suspension of services, removal of hosting or support, or termination of the engagement. You are responsible for applicable taxes, duties, and third-party charges unless otherwise stated in writing.

8. Refunds and Cancellations

Because many services involve custom work, completed work, discovery, strategy, setup, configuration, hosting, consulting, and reserved time are generally non-refundable unless otherwise stated in a Service Agreement. Either party may cancel future work as allowed by the applicable Service Agreement. Amounts already earned or incurred remain due.

9. Third-Party Services

Our services may involve third-party platforms such as Stripe, Amazon Web Services, domain registrars, hosting providers, analytics tools, content management systems, plugins, repositories, email providers, or other tools selected by us or by you. Third-party services are governed by their own terms, policies, pricing, uptime, and security practices. We are not responsible for third-party outages, price changes, account restrictions, data loss, security incidents, or feature changes outside our reasonable control.

10. Hosting, Maintenance, and Availability

If hosting, cloud, monitoring, backups, updates, or maintenance are included in your services, the scope will be described in the applicable Service Agreement. Unless expressly guaranteed in writing, we do not promise uninterrupted, error-free, or fully secure access to any website, application, or service.

11. Intellectual Property

Unless otherwise stated in a Service Agreement, you retain ownership of content, trademarks, logos, business information, and materials you provide. Upon full payment, you receive the rights described in the Service Agreement for final deliverables created specifically for you. We retain ownership of our pre-existing tools, templates, code libraries, know-how, processes, frameworks, concepts, reusable components, and general skills, even if used to provide services.

12. Portfolio Use

Unless you request otherwise in writing, you permit us to identify you as a client and to display non-confidential examples of completed work in our portfolio, website, proposals, and marketing materials. We will not intentionally disclose confidential information in portfolio materials.

13. Confidentiality

Each party may receive non-public business, technical, financial, or operational information from the other party. Each party agrees to use reasonable care to protect confidential information and to use it only for the purpose of the engagement. Confidentiality obligations do not apply to information that is public, already known without restriction, independently developed, or lawfully received from a third party.

14. Privacy

Our collection and use of personal information is described in our Privacy Policy. By using the website or services, you acknowledge the Privacy Policy.

15. No Professional Legal, Tax, or Compliance Advice

Any website, privacy, security, accessibility, tax, regulatory, or compliance-related information we provide is for general technical or business purposes only and is not legal, tax, or professional advice. You are responsible for obtaining professional advice from qualified advisors when needed.

16. Warranties and Disclaimer

The website and services are provided "as is" and "as available" unless expressly stated otherwise in a Service Agreement. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, availability, and error-free operation.

17. Limitation of Liability

To the fullest extent permitted by law, Mulliken Development will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages; lost profits; lost revenue; lost data; business interruption; loss of goodwill; or costs of substitute services. To the fullest extent permitted by law, our total liability for any claim related to the website or services will not exceed the amount you paid to us for the specific services giving rise to the claim during the three months before the event giving rise to liability.

18. Indemnification

You agree to defend, indemnify, and hold harmless Mulliken Development from claims, damages, liabilities, losses, and expenses, including reasonable attorneys' fees, arising from your content, your misuse of the website or services, your violation of these Terms, your violation of law, or your infringement of another party's rights.

19. Suspension and Termination

We may suspend or terminate access to the website or services if you violate these Terms, fail to pay amounts due, create security or legal risk, misuse third-party services, or if continuing services is commercially or legally impractical. Termination does not relieve you of payment obligations for work performed or charges incurred before termination.

20. Force Majeure

Neither party will be liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, internet or utility failures, cloud provider outages, governmental actions, pandemics, or other events outside reasonable control.

21. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

22. Dispute Resolution

Before filing a claim, each party agrees to try to resolve disputes informally by providing written notice and allowing a reasonable opportunity to respond. If a dispute cannot be resolved informally, disputes arising out of or relating to these Terms or the services will be resolved by binding arbitration in Texas, unless a Service Agreement states otherwise or applicable law requires a different forum. Either party may seek temporary or emergency injunctive relief in court to protect intellectual property, confidential information, account access, or security.

23. Contact Us

If you have questions about these Terms, contact us at contact@mullikendevelopment.com or PO Box 47, Fate, TX 75132.