Terms and Conditions for Tech Dad Media Last Updated:

May 15, 2025

Welcome to Tech Dad Media ("Tech Dad Media," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your engagement of our services, including but not limited to website design and development, A2P (Application-to-Person) 10DLC messaging setup and consultation, digital marketing, website maintenance, and hosting (if applicable) (collectively, the "Services"), and your use of our website techdadmedia.com (the "Site").

Please read these Terms carefully. By requesting, accepting, or paying for Services provided by Tech Dad Media, or by using our Site, you signify your acceptance of

these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not use

our Services or Site.

1. Definitions

"Client," "You," "Your" refers to the individual or entity engaging Tech Dad Media for Services."Deliverables" means the specific outputs, such as websites, designs, code, or configured systems, to be provided by Tech Dad Media as outlined in a Service Agreement."Service Agreement" or "Statement of Work (SOW)" means a separate written document (email confirmation may suffice for smaller tasks) agreed upon by you and Tech Dad Media that details the specific Services to be provided, scope, timelines, fees, and other project-specific terms. These Terms are incorporated into every Service Agreement.

2. Services

Tech Dad Media offers a range of digital services, including but not limited to:

Custom website design and development. Website maintenance and support.A2P 10DLC campaign registration, setup, and consultation. Search Engine Optimization (SEO) services. Digital marketing and advertising campaign management. Consulting services.Website hosting (if explicitly agreed in a Service Agreement).

The specific scope of Services, Deliverables, timelines, and fees for your project will be detailed in a Service Agreement or SOW.

3. Client Responsibilities

To enable us to provide our Services effectively, you agree to:

Provide Necessary Information and Materials: Furnish all requested information, content (text, images, videos, logos), branding guidelines, access credentials (e.g., to existing hosting, domain registrars, third-party service accounts), and other materials ("Client Materials") required for the project in a timely manner and in the agreed-upon formats.Accuracy of Information: Ensure all Client Materials and information provided to us, especially for A2P 10DLC registration (e.g., business details, campaign use case, sample messages), are accurate, complete, and truthful.Rights and Permissions: Warrant that you own or have obtained all necessary rights, licenses, consents, and permissions for any Client Materials provided to us and for their use in connection with the Services. You agree to indemnify Tech Dad Media against any claims arising from your failure to do so.Timely Feedback and Approvals: Provide timely feedback, reviews, and approvals as requested throughout the project lifecycle to ensure the project stays on schedule. Delays in providing feedback may impact project timelines and costs.Compliance with Laws: Ensure your business operations, the content of your website, and your use of any messaging services (including obtaining and managing consents for A2P messaging) comply with all applicable local, state, federal, and international laws and regulations, as well as telecommunication carrier policies. You are responsible for your own privacy policy and terms of service for your end-users.Cooperation: Cooperate fully with Tech Dad Media and provide reasonable assistance as required to facilitate the provision of Services.

4. Project Process & Revisions

Proposals/Service Agreements: Services will commence upon mutual agreement of a Service Agreement or SOW, which may include project scope, deliverables, timeline, and cost.Revisions: We typically include a specific number of revision rounds for design and development phases as outlined in the Service Agreement. Additional revisions beyond the agreed scope may be subject to additional charges at our then-current hourly rate. Scope Creep: If you request changes or additional work outside the initially agreed scope, we will provide a separate estimate or change order for your approval before proceeding.Testing and Acceptance: We will provide opportunities for you to test and review Deliverables. You agree to conduct such testing promptly. Final acceptance of Deliverables will be deemed to occur upon your written approval or if no feedback indicating non-conformance is provided within 14 days of delivery for review.

5. Payment Terms

Fees: Fees for Services will be set forth in the Service Agreement or SOW. This may include project-based fees, hourly rates, or retainer fees.Deposits: A non-refundable deposit 50% of the total project fee may be required before work commences. Payment Schedule: Payment schedules (e.g., milestone payments, final payment upon completion) will be detailed in the Service Agreement. Unless otherwise specified, final payment is due upon project completion and prior to the launch or handover of final Deliverables. For ongoing services (e.g., maintenance, hosting), payment is typically due in advance of the service period.Expenses: You agree to reimburse Tech Dad Media for pre-approved out-of-pocket expenses incurred in connection with the Services, such as stock photography, premium plugins or themes, third-party service fees (e.g., A2P registration fees, specific software licenses), and domain registration/renewal fees if managed by us on your behalf.Late Payments: Invoices are due upon receipt or as otherwise stated on the invoice. Late payments may incur interest at a rate of [e.g., 1.5% per month or $25, whichever is greater] on the outstanding balance, or the maximum rate permitted by law. We reserve the right to suspend Services or withhold Deliverables if payments are significantly overdue.Payment Methods: We accept payment via ACH transfer, credit card via payment processor, check.

6. Intellectual Property Rights

Client Materials: You retain all intellectual property rights in the Client Materials you provide to us. You grant Tech Dad Media a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute the Client Materials solely for the purpose of providing the Services.Deliverables: Upon full and final payment of all fees due, Tech Dad Media grants you a non-exclusive, worldwide, perpetual license to use the final Deliverables (e.g., the completed website).For custom design and code specifically created for you as part of the Deliverables, upon full payment, ownership of such custom elements will transfer to you, unless otherwise specified for certain proprietary tools or pre-existing code. Tech Dad Media's Pre-Existing IP: Tech Dad Media retains all intellectual property rights in and to any of our pre-existing materials, software, tools, methodologies, know-how, code libraries, and generic components ("Tech Dad Media IP") used in providing the Services. If Tech Dad Media IP is incorporated into the Deliverables, you are granted a non-exclusive, non-transferable license to use such Tech Dad Media IP solely as part of the Deliverables.Third-Party Materials: Any third-party materials (e.g., stock photos, open-source software, commercial plugins) incorporated into the Deliverables will be subject to the terms of their respective licenses, and you are responsible for complying with such licenses. We will inform you of any such third-party materials.Portfolio Rights: Unless otherwise agreed in writing, Tech Dad Media reserves the right to display and link to your completed project as part of our portfolio and for marketing and promotional purposes.

7. A2P 10DLC Messaging Services

If Services include assistance with A2P 10DLC registration and setup:

Tech Dad Media will use commercially reasonable efforts to assist you in the A2P 10DLC campaign registration process based on the information you provide. You are solely responsible for the accuracy, completeness, and lawfulness of all information provided for campaign registration (including business information, use case descriptions, and sample messages).You are solely responsible for ensuring your use of A2P messaging services complies with all applicable laws, regulations (e.g., TCPA, CTIA guidelines), and carrier requirements, including but not limited to obtaining and managing recipient consent, providing clear opt-out mechanisms, and adhering to message content restrictions. Tech Dad Media makes no guarantees regarding the approval of your A2P campaigns by carriers or registration bodies, message deliverability rates, or throughput, as these are subject to factors outside our direct control.Fees associated with A2P registration (e.g., campaign registration fees, carrier fees) may be passed through to you or included in our service fees, as specified in the Service Agreement.

8. Website Hosting and Maintenance (if applicable)

If Tech Dad Media provides website hosting or ongoing maintenance services, specific terms (e.g., uptime, backup frequency, support response times, security updates) will be outlined in a separate Service Agreement or Maintenance Plan.

While we strive for high availability, we do not guarantee uninterrupted hosting services, as these can be affected by factors beyond our control. You are responsible for maintaining backups of your website content, although we may provide backup services as part of a maintenance plan.

9. Warranties and Disclaimers

Workmanship Warranty: Tech Dad Media warrants that the Services will be performed in a professional and workmanlike manner. For website development projects, we typically offer a warranty period 90 days after launch during which we will correct any defects or bugs in our original workmanship at no additional charge. This warranty does not cover issues arising from:Modifications made to the website by you or any third party not authorized by Tech Dad Media.Issues caused by third-party software, plugins, hosting environments, or services.Misuse or improper operation of the website.Failure to implement recommended security practices or updates (if not part of an active maintenance plan with us).No Guarantee of Results: While we strive to create effective digital solutions, Tech Dad Media does not guarantee any specific business outcomes, results, sales, leads, search engine rankings, or A2P message deliverability rates from the use of our Services."AS IS" and "AS AVAILABLE": EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN OR IN A SERVICE AGREEMENT, THE SERVICES AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TECH DAD MEDIA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.Third-Party Services: We are not responsible for the performance, availability, or security of any third-party services, software, or platforms (e.g., hosting providers, payment gateways, social media platforms, A2P carriers), even if integrated with or recommended by us.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TECH DAD MEDIA, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES OR SITE, EVEN IF TECH DAD MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TECH DAD MEDIA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO TECH DAD MEDIA FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE [E.G., THREE (3) MONTHS] PRECEDING

THE EVENT GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.11. Indemnification

You agree to defend, indemnify, and hold harmless Tech Dad Media, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

Your use of and access to the Services and Site.Your violation of any term of these Terms or any Service Agreement.Your violation of any third-party right, including without limitation any copyright, property, privacy right, or telecommunication regulation (e.g., related to A2P messaging).Any claim that Client Materials provided by you caused damage to a third party.Your failure to comply with applicable laws and regulations.

12. Confidentiality

Each party ("Receiving Party") agrees to keep confidential all non-public information ("Confidential Information") disclosed by the other party ("Disclosing Party") in connection with the Services. Confidential Information includes, but is not limited to, business strategies, client lists, financial information, technical data, and project details. The Receiving Party will not use Confidential Information for any purpose other than performing its obligations under these Terms or a Service Agreement and will protect it with the same degree of care it uses for its own similar information, but no less than reasonable care. This obligation does not apply to information that is publicly known, already in the Receiving Party's possession prior to disclosure, independently developed, or rightfully obtained from a third party.

13. Termination

By Either Party: Either party may terminate a Service Agreement if the other party commits a material breach of these Terms or the Service Agreement and fails to cure such breach within [e.g., 15-30 days] of written notice. By Tech Dad Media: We may terminate or suspend Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms, fail to make timely payments, or if continuing the project becomes impractical. By Client: You may terminate a Service Agreement according to its terms, typically with written notice. Depending on the stage of the project and the terms of the Service Agreement, termination fees or payment for work completed to date may apply. Deposits are generally non-refundable.Effect of Termination: Upon termination, you shall pay Tech Dad Media for all Services performed and expenses incurred up to the effective date of termination. Any provisions of these Terms that by their nature should survive termination shall survive (including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability).

14. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of Indiana, United States, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms or the

Services shall be resolved by binding arbitration in Richmond, Indiana,

administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Each party shall bear its own costs

of arbitration.
Alternatively, for qualifying small claims, either party may seek to resolve the dispute in a small claims court located in Wayne County, Indiana.

15. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations hereunder (except for payment obligations)

if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, labor

disputes, pandemics, governmental actions, or interruptions in telecommunications or power services ("Force Majeure Event").

16. Entire Agreement & Severability

These Terms, together with our Privacy Policy and any applicable Service Agreement or SOW, constitute the entire agreement between you and Tech Dad Media

concerning the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties,

both written and oral.

If any provision of these Terms is held to be unenforceable or invalid, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

17. Changes to Terms

We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect, typically by posting on our Site or notifying clients directly. What constitutes a material change will be determined at our sole discretion. Your continued use of our Services or Site after any such changes constitutes your acceptance of the new Terms.

18. Notices

All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and addressed to the parties at the addresses set forth in

the Service Agreement (or

to such other address that may be designated by the receiving party from time to time in accordance with this section). All notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or certified or registered mail (in each case, return receipt requested, postage pre-paid).

19. Contact Information

If you have any questions about these Terms, please contact Tech Dad Media at:

will@techdadmedia