Terms & Conditions
Fivepenny Web Studio LLC · Lumberton, Texas
These terms govern your use of this website and any services provided by Fivepenny Web Studio LLC. By engaging our services or using this website, you agree to these terms in full. If you have questions, contact us before proceeding.
Last updated: June 28, 2026 · Effective: June 10, 2026
Contents
01 Who we are
02 Use of this website
03 Services & engagements
04 Payment terms
05 Intellectual property
06 Accessibility & WCAG
07 Client responsibilities
08 Confidentiality
09 Limitation of liability
10 Governing law
11 Changes to these terms
12 Contact us
01 Who we are
Fivepenny Web Studio LLC is a single-member web design and digital accessibility agency organized under the laws of the State of Texas. We provide website design, development, WCAG/ADA accessibility consulting, website maintenance, hosting management, domain management, and staff training services, primarily serving nonprofit organizations and small businesses in Southeast Texas and beyond.
Address: 156 S. Main St. Suite 300 #870, Lumberton, Texas 77657
Contact email: lisa@fivepennyweb.com
Website: www.fivepennyweb.com
References to “we,” “us,” or “our” throughout these Terms mean Fivepenny Web Studio LLC. References to “you” or “your” mean the individual or organization using this website or engaging our services.
02 Use of this website
By accessing and using this website, you agree to use it only for lawful purposes. You may not use this website to:
- Transmit any content that is unlawful, harmful, threatening, abusive, or defamatory
- Attempt to gain unauthorized access to any portion of our website or systems
- Collect or harvest personal information from this website without consent
- Reproduce, distribute, or republish website content without our prior written permission
- Use any automated tools to scrape, crawl, or extract data from this site
We reserve the right to restrict or terminate access to this website at our discretion, without notice, for any conduct we believe violates these Terms or is harmful to other users, third parties, or our business.
This website is provided “as is.” We make no warranties about its availability, accuracy, or fitness for any particular purpose. We may update, modify, or take the website offline at any time without notice.
03 Services & engagements
All professional services — including website design and development, WCAG accessibility audits, hosting management, domain/DNS management, and staff training — are governed by a separate, signed service agreement specific to that engagement. These Terms do not replace those agreements; they apply in addition to them.
A signed contract and, where applicable, a deposit payment are required before work begins on any project. Quotes, proposals, and estimates provided through this website or via email do not constitute binding agreements until a service agreement is signed by both parties.
Nonprofit clients: Qualified 501(c)(3) organizations may be eligible for a discount on base service fees. Contact us for details and to provide your IRS determination letter.
We reserve the right to decline any project at our discretion. We do not take on projects that require us to produce content that is unlawful, discriminatory, or in violation of our values.
04 Payment terms
Specific payment terms for each engagement are set forth in the applicable service agreement. General terms that apply to all engagements are:
- Project work: A deposit of 50% of the total project fee is due before work commences. The remaining balance is due upon project completion and prior to final file delivery or site launch.
- Retainers & recurring services: Monthly fees are billed on the 1st of each month and are due within 10 days of invoice.
- Late payments: Invoices not paid within 10 days of the due date may be subject to a late fee of 1.5% per month. Services may be suspended on accounts more than 30 days past due.
- Refunds: Deposits are non-refundable once work has commenced. Completed project deliverables are non-refundable. Unused retainer hours do not roll over or accrue refund value.
We accept credit card, debit card, ACH bank transfer, and check. A valid payment method on file is required for recurring service engagements.
Final deliverables, website logins, source files, and transfer of completed work remain the property of Fivepenny Web Studio LLC until full payment is received.
05 Intellectual property
This website: All content on this website — including text, design, graphics, code, and branding — is the property of Fivepenny Web Studio LLC or its licensors and is protected by applicable copyright and intellectual property laws. You may not reproduce, distribute, or create derivative works from any content on this site without our prior written consent.
Client deliverables: Upon receipt of full payment, all custom work product created specifically for a client project — including design files, custom code, and written content — becomes the property of the client. We retain no ownership interest in delivered work product once payment is complete.
Third-party components: Many website projects incorporate third-party tools, themes, plugins, fonts, and stock assets governed by their own licenses. We will disclose any such components as part of project documentation. Clients are responsible for maintaining required third-party licenses for their websites.
Portfolio rights: We reserve the right to display work completed for clients in our portfolio and marketing materials, unless the client requests in writing that a specific project be kept confidential. We will not disclose confidential client information as part of any portfolio display.
06 Accessibility & WCAG disclaimer
We strive to build websites that meet or exceed WCAG 2.1 Level AA accessibility standards. We believe accessible design is both a legal obligation and a fundamental act of inclusion.
We are committed to making this website accessible to all users, including those using assistive technologies. If you encounter any accessibility barriers on our site, please contact us and we will address them promptly.
Service disclaimer: Accessibility work performed under a client engagement represents our good-faith professional effort to identify and remediate accessibility issues at the time of delivery. Web accessibility is an ongoing practice, not a one-time certification. We do not guarantee that any website will be fully compliant with all accessibility laws at all times, and we recommend clients seek legal counsel regarding their specific ADA/Section 508 compliance obligations.
Factors outside our control — including client-added content, third-party plugin updates, and platform changes — can introduce new accessibility issues after delivery. We offer ongoing WCAG monitoring and remediation services through our retainer and annual audit programs.
07 Client responsibilities
Successful project outcomes depend on timely and accurate participation from clients. By engaging our services, clients agree to:
- Provide accurate, complete, and timely information, content, and approvals needed to complete the work
- Ensure that content, images, and materials provided for use on their website do not infringe third-party intellectual property rights
- Maintain access to their own website CMS, hosting, and domain accounts
- Notify us before making changes to hosting, DNS, or CMS settings during an active engagement
- Respond to requests for feedback, approvals, or clarification within five (5) business days
Project timelines may be extended, and additional fees may apply, if delays are caused by the client’s failure to fulfill these responsibilities. We are not liable for project outcomes affected by inaccurate information or content provided by the client.
08 Confidentiality
We treat all client information as confidential. We will not disclose your non-public business information, client data, login credentials, or project details to third parties without your written consent, except as required by law.
Similarly, any proprietary or confidential information about our business, pricing, processes, or systems that you access through our relationship remains confidential and may not be shared or used for competitive purposes.
This confidentiality obligation survives the end of any service engagement. For detailed confidentiality terms specific to your project, refer to your signed service agreement.
We also maintain a Privacy Policy that governs how we collect and handle personal information submitted through this website.
09 Limitation of liability
We deliver our services with care and professional diligence. However, the following limitations apply:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIVEPENNY WEB STUDIO LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM.
Our total liability for any claim arising from a service engagement shall not exceed the total fees paid by the client for the specific service giving rise to the claim, in the three (3) months preceding the claim.
We are not liable for failures or outages caused by third-party hosting providers, domain registrars, internet infrastructure, content delivery networks, or other services outside our direct control. We will use commercially reasonable efforts to coordinate resolution of such issues on your behalf.
Nothing in these Terms limits liability for gross negligence, willful misconduct, or fraud.
10 Governing law
These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising from or related to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Hardin County, Texas.
Before initiating any legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of thirty (30) days. If negotiation is unsuccessful, the parties may agree to mediation before a mutually acceptable mediator prior to pursuing litigation.
11 Changes to these terms
We may update these Terms from time to time to reflect changes in our services, business practices, or applicable law. When we make material changes, we will update the “Last updated” date at the top of this page.
Continued use of this website or our services after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, please discontinue use of this website and contact us to discuss active service engagements.
We recommend bookmarking this page and reviewing it periodically.
12 Contact us
If you have questions about these Terms, want to report an accessibility issue on our website, or need to discuss an active engagement, please reach out:
Fivepenny Web Studio LLC
Lisa Bowers — Founder & Studio Director
© 2026 Fivepenny Web Studio LLC. All rights reserved.