These Terms of Service ("Terms") govern your access to and use of the website and services provided by AFFBIRD LLC ("we", "us", "our"). By accessing the site, placing an order or using our services, you agree to be bound by these Terms. If you do not agree, do not use the site.

1. Eligibility

You must be at least 18 years old and able to form a binding contract to place an order. By ordering, you confirm that the information you provide is accurate and that you are authorised to use the payment method you select.

2. Services

We provide digital design, development, marketing and related creative services. The specific scope, deliverables, timeline and price for any engagement are set out in the service listing, proposal or invoice. Descriptions on the website are indicative; the agreed scope in your order governs.

3. Orders and Acceptance

  • An order is an offer to purchase. It is accepted when we confirm it and record it in our system, at which point a contract is formed.
  • Each order is assigned a unique order number. Keep it safe — you will need it to track your order and to request support or a refund.
  • We may decline or cancel an order where the service is unavailable, the price was listed in error, or we suspect fraud or a breach of these Terms.

4. Pricing, Taxes and Currency

  • All prices are shown in U.S. Dollars (USD) unless stated otherwise.
  • Prices may change at any time, but changes do not affect orders already confirmed.
  • You are responsible for any applicable sales, use or similar taxes. Where required, tax is added at checkout.

5. Payment Terms

We accept the payment methods enabled at checkout, which may include:

  • Credit / debit cards processed by Stripe, Authorize.Net, Square, Braintree, 2Checkout, Adyen or Razorpay.
  • PayPal (wallet or card).
  • Bank Transfer / ACH (manual settlement).
  • Coinbase Commerce (cryptocurrency).

By submitting payment you authorise us and our processors to charge the amount shown. Card details are handled by the processor; we store only the card brand, last four digits and transaction reference. For Bank Transfer / ACH orders, work begins once the transfer has cleared. For cryptocurrency payments, the USD value is fixed at the time the payment is received.

If a payment fails, is reversed, or is subject to a chargeback, we may suspend or cancel the order and any related deliverables. See our Refund & Cancellation Policy for full details.

6. Billing Address and Verification

We require a valid billing address for every order. Card networks use it for Address Verification Service (AVS) checks. Providing false or inaccurate billing information may cause a payment to be declined or an order to be cancelled.

7. Delivery and Timelines

  • Digital deliverables are provided electronically, typically by email or a download link, or delivered into your account.
  • Estimated timelines are given in good faith but are not guaranteed unless expressly agreed in writing.
  • Delays caused by incomplete information, late feedback or third-party services are not our responsibility.

8. Revisions and Acceptance

Unless stated otherwise, services include reasonable revisions as described in the listing. A deliverable is deemed accepted if you do not raise specific issues within seven (7) days of delivery, or if you use it in production.

9. Intellectual Property

  • Upon receipt of full payment, ownership of the final agreed deliverables transfers to you, excluding third-party components (fonts, stock assets, libraries) which remain subject to their own licences.
  • We retain the right to display the work in our portfolio and marketing unless you request otherwise in writing.
  • All website content, branding and code not transferred to you remain our property or that of our licensors.

10. Acceptable Use

You agree not to use the site or services to: violate any law; infringe intellectual-property or privacy rights; transmit malware; attempt to gain unauthorised access; scrape or overload our systems; or submit false, abusive or fraudulent information.

11. Reviews and User Content

You may submit reviews and other content. By submitting, you grant us a non-exclusive, royalty-free licence to display and use that content. Reviews are moderated and may be published, rejected or removed at our discretion. You must not post unlawful, misleading, defamatory or infringing content.

12. Disclaimers

The site and services are provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the site will be uninterrupted, error-free or secure.

13. Limitation of Liability

To the maximum extent permitted by law, our total liability arising out of or relating to any order is limited to the amount you paid for that order. We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data or business opportunity.

14. Indemnification

You agree to indemnify and hold us harmless from any claims, losses or expenses arising from your breach of these Terms, your misuse of the services, or content you provide.

15. Termination

We may suspend or terminate your access to the site or services if you breach these Terms or if we are required to do so by law. Provisions that by their nature should survive termination will do so.

16. Governing Law and Disputes

These Terms are governed by the laws of the United States and the state in which we operate, without regard to conflict-of-law rules. Any dispute will be subject to the exclusive jurisdiction of the courts located there, unless applicable law provides otherwise.

17. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date shows the current version. Continued use of the site after changes constitutes acceptance.

18. Contact

Questions about these Terms? Contact AFFBIRD LLC:

AFFBIRD LLC
329 Newburgh Ave, Buffalo, NY 14215-2801
Email: support@affbird.org