TERMS AND CONDITIONS OF USE Effective date: July 26 2025
  1. ACCEPTANCE OF TERMS By accessing or using ecombusinessbuilders.com or any services offered by Ecom Business Builders (“EBB,” “we,” “us,” or “our”), you (“Client,” “you,” or “your”) agree to be bound by these Terms and Conditions (“Terms”). If you do not accept every provision, do not use the Site or our services.
  1. SCOPE OF SERVICES • We design, build, and optimize direct-to-consumer (“DTC”) websites, digital marketing campaigns, and related consulting projects as described in written quotes, order forms, or statements of work (“SOWs”). • Each SOW/quote specifies deliverables, timelines, and fees. In case of conflict, the SOW/quote controls.
  1. ELIGIBILITY You must be at least 18 years old and have the legal authority to enter into contracts on behalf of yourself or the entity you represent.
  1. QUOTES, PAYMENTS, & REFUNDS • Prices are stated in U.S. dollars and exclude taxes unless noted. • Unless otherwise agreed, 50 % of the project fee is due upfront; the balance is due upon final delivery or milestone completion. • Late payments incur 1.5 % interest per month (or the maximum allowed by law). • All fees are non-refundable once work has begun, except where we materially fail to deliver the specified services and cannot cure within 14 days of written notice.
  1. CLIENT RESPONSIBILITIES • Provide timely access to content, product data, brand assets, and decision-makers. • Review and approve deliverables within 5 business days unless another period is stated. Silence after the review period constitutes acceptance. • Ensure that any materials you supply do not infringe third-party rights, contain unlawful content, or violate platform policies.
  1. INTELLECTUAL PROPERTY • EBB Content: We retain ownership of our pre-existing code, templates, documentation, and know-how. Upon full payment, we grant you a non-exclusive, worldwide license to use deliverables for your own business operations. • Client Content: You grant us a non-exclusive license to use your trademarks, product images, copy, and data solely to perform the services. • Third-Party Assets: Use of stock images, fonts, apps, and themes is subject to their respective licenses.
  1. CONFIDENTIALITY Each party agrees to keep the other party’s non-public business, technical, and financial information confidential and use it only to fulfill obligations under these Terms. This duty survives for three (3) years after termination.
  1. THIRD-PARTY TOOLS & INTEGRATIONS We may implement or recommend third-party platforms (e.g., Shopify, Stripe, Meta, Google). Your use of those services is subject to their own terms; we are not liable for their acts or omissions.
  1. DISCLAIMER OF WARRANTIES • Services are provided “as is” and “as available.” • We disclaim all warranties—express or implied—including merchantability, fitness for a particular purpose, non-infringement, and results of use. • No oral or written information from EBB creates a warranty unless expressly stated in an SOW.
  1. LIMITATION OF LIABILITY To the fullest extent permitted by law, EBB and its officers, employees, and contractors are not liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, even if advised of the possibility. Our aggregate liability for any claim is limited to the amount you actually paid to us in the preceding six (6) months.
  1. INDEMNIFICATION You agree to defend, indemnify, and hold harmless EBB from all third-party claims, damages, and costs (including attorneys’ fees) arising from: (a) your content or instructions; (b) your breach of these Terms; or (c) your violation of any law or third-party right.
  1. SUSPENSION & TERMINATION We may suspend or terminate services if you breach these Terms and fail to cure within 7 days of notice. Either party may terminate an SOW for convenience with 14 days’ written notice; you remain liable for work completed up to the termination date.
  1. GOVERNING LAW & VENUE These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-laws principles. Exclusive venue for disputes resides in the state or federal courts located in Wake County, NC.
  1. DISPUTE RESOLUTION Before filing suit, the parties will attempt in good faith to resolve any dispute through a meeting of executives or mediation in Raleigh, NC, within 30 days of written notice. Either party may then pursue court action.
  1. FORCE MAJEURE Neither party is liable for delays or failures caused by events beyond reasonable control—e.g., natural disasters, acts of war, internet outages, or government orders.
  1. MODIFICATIONS TO TERMS We may update these Terms at any time by posting a revised version on the Site and updating the “Effective date.” Continued use of the Site or services after changes constitutes acceptance.
  1. ENTIRE AGREEMENT These Terms, together with any SOWs, quotes, and policies referenced herein (e.g., our Privacy Policy), constitute the entire agreement between you and EBB and supersede all prior oral or written understandings.
If any provision of these Terms is held unenforceable, that provision will be severed and the remainder will remain in full force. Our failure to enforce any right or provision is not a waiver of future enforcement.